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Oculus for Business Limited Warranty

Last Updated: March 30, 2020

This Oculus for Business Limited Warranty (this “Limited Warranty”) is issued by Facebook Technologies, LLC located at 1601 Willow Road, Menlo Park, CA 94025 (“Oculus”, “we”, “our” or “us”), to you as an organization (“you” or “your”) that purchased from Oculus, or an authorized reseller, in an Oculus Territory, the new, unopened Oculus for Business head-mounted display product(s) and the Oculus accessories included in the head-mounted display package, which may include power adapters, controllers, relaxed facial interfaces, eyeglass spacers, and charging cables, in each case excluding software (collectively, the “Warranted Product”). For clarity, this Limited Warranty applies to Enterprise Products but does not apply to Consumer Products, as defined in the Agreement.

We provide you with this Limited Warranty as part of the Oculus for Business Enterprise Use Agreement found at: https://business.oculus.com/legal/enterprise-use-agreement/ (the “Agreement”), and your use of the Warranted Products is subject to the terms of the Agreement. Capitalized terms that are used but not deﬁned in this Limited Warranty will have the meanings given to them in the Agreement.

1.
Scope. We warrant that the Warranted Product will, under normal and intended use, function substantially in accordance with our technical speciﬁcations or accompanying Warranted Product documentation (the “Warranted Functionality”) during the Warranty Period (as deﬁned below). If and to the extent the Warranted Product needs Oculus’ software or services to achieve the Warranted Functionality, we will make such software and services available to you during the Warranty Period. We may update, modify, or limit such software and services in our sole discretion so long as we continue to maintain (or exceed) the Warranted Functionality. This Limited Warranty does not cover any Support Services or Software provided in connection with the Warranted Product.
2.
Other Terms and Conditions.
1. a.
  Registration and Software Update. As a condition of your coverage under this Limited Warranty and before making any claim under this Limited Warranty, we may require you to (i) register the Warranted Product and (ii) update the relevant Software to its latest version. You may also be required to provide to Oculus proof of purchase of the Warranted Product upon registration or when making any claim under this Limited Warranty.
2. b.
  Territory. This Limited Warranty is valid and enforceable only in the Oculus Territory where you purchased the Warranted Product, unless you are in the European Economic Area (“EEA”), in which case the Limited Warranty is valid and enforceable in any territory or country in the EEA. A Warranted Product can only be returned to be repaired under this Limited Warranty from within an Oculus Territory. Warranty service availability and response times may vary in the Oculus Territory.
3. c.
  Warranty Period. This Limited Warranty will cover the Warranted Product for two years beginning from the earlier of the date you provision the Enterprise Software using the Device Manager Mobile Application (if applicable) or ninety days after the ship date of your Warranted Product (the “Warranty Period”). The Warranty Period for any Warranted Product repaired or replaced under this Limited Warranty will continue until the later of: (i) the expiration of the original Warranty Period, and (ii) 90 days following your receipt of the replacement or repaired Warranted Product. If the term of the Agreement expires under Section 9(a) of the Agreement or this Limited Warranty is terminated under Section 9(b) of the Agreement, the Warranty Period will end at the same time.
3.
Remedies. If your Warranted Product does not meet or exceed the Warranted Functionality, we will either repair or replace that Warranted Product (or applicable portion thereof) or refund you the amount you paid for that Warranted Product. The approach taken to resolve any issues will be at our sole discretion. If we determine that a Warranted Product should be replaced, the replacement may be a new or remanufactured (refurbished) version of the Warranted Product, or a newer model of, or product comparable to the Warranted Product. This Section 3 sets forth your sole and exclusive remedies for any breach of this Limited Warranty.
4.
Support.
1. a.
  Claims Submission. Any claims you make under this Limited Warranty must be submitted through https://business.oculus.com/support/contact within the Warranty Period.
2. b.
  Data and Program Backup; Oculus Disclaimer.
  i.
  You must backup and delete all data, including conﬁdential and personal information, stored on the Warranted Product prior to sending it to us.
  ii.
  We cannot guarantee or warrant: (i) the security or conﬁdentiality of your data or programs that are stored in the Warranted Product, (ii) that we will be able to repair the Warranted Product without risk to or loss of your data or programs, or (iii) that any replacement version of the Warranted Product will contain your data or programs. If you send us a Warranted Product with your data or programs, you do so at your own risk.
5.
Advance Exchange. During the Warranty Period for your Warranted Product, Oculus oﬀers you an advance exchange program for repairs or replacements of the Warranted Product. Oculus reserves the right to determine the eligibility of any Warranted Product for advance exchange. Advance exchange is only available in Oculus Territories. If you believe your Warranted Product qualiﬁes for advance exchange, please contact Oculus through https://business.oculus.com/support/contact and Oculus will provide further instructions for advance exchange or standard exchange. All delivery times for exchange are dependent on several factors, such as your location (including import/export controls in your location), weather, and/or other factors outside of Oculus’ control.
6.
Exclusions. This Limited Warranty is not applicable to, and you will have no rights hereunder with respect to: (a) normal wear and tear of the Warranted Product; (b) damage caused by excessive use, misuse, accident (e.g., accidental physical impact, exposure to liquid, food, or other contaminants, etc.), neglect, abuse, improper storage, improper or unauthorized repair or other modiﬁcation, tampering, or use of the Warranted Product with unsuitable equipment, devices, software, services, or other unauthorized third-party item(s); (c) use not in accordance with the Warranted Product documentation; (d) refurbished products except those provided under Section 3 of this Limited Warranty; (e) a Warranted Product purchased from sources other than Oculus or an Oculus authorized reseller; (f) products not provided by Oculus, including third party products sold on the Oculus for Business website, user content and Third Party Content; (g) use of the Warranted Product in violation of any laws, regulations or ordinances in eﬀect where the Warranted Product is used; (h) a Warranted Product not currently running the latest version of Oculus-issued software; (i) damage to the Warranted Product caused by the acts or omissions of you, your Authorized Users, any third party, or by any Third Party Content; or (j) features or performance parameters pertaining to any software or services beyond the Warranted Functionality of the Warranted Product. This Limited Warranty does not include any speciﬁc guarantees that the Warranted Product will be error-free, timely, uninterrupted, secure, or that data loss will not occur. This Limited Warranty is void if (i) a Warranted Product is returned with removed, damaged, or tampered labels or any alterations (including the unauthorized removal of any component or external cover), or (ii) you uninstall any Oculus-issued software from the Warranted Product. This Limited Warranty does not cover data loss or recovery, removal, and installation of data; it is your responsibility to back up your data, electronically or physically, on a regular basis if you wish to retain your data, and you expressly acknowledge that Oculus may delete any data remaining on the Warranted Product in order to provide services. Any damages or costs related to data recovery, removal, and installation are not recoverable under this Limited Warranty.