Oculus VR Rift - Terms, Conditions, and Compliance; Legal Disclaimers and Liability; FCC Compliance Information

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Oculus Rift Development Kit
TM & © 2013 Oculus VR, Inc. All Rights Reserved.
FEEDBACK. Any feedback you provide to Oculus regarding the Product, including but not limited to impressions, experiences, ideas, suggesons, and cricisms (the
“Feedback”) shall be owned exclusively by Oculus. You hereby assign all right, tle, and interest in and to the Feedback to Oculus, and Oculus shall be free to use and
incorporate the Feedback into current and future versions of the Product and related soware and hardware in Oculus’ sole discreon.
CONFIDENTIALITY. You acknowledge that the Product contains valuable trade secrets and proprietary informaon owned by Oculus, and you agree not to disclose
such trade secrets without the advance wrien consent of Oculus. Furthermore, you agree to take reasonable measures to safeguard the condenality of Oculus'
trade secrets.
TERMINATION. Without prejudice to any other rights of Oculus, your rights to use the Firmware will terminate automacally if you fail to comply with these Terms and
Condions. Addionally, Oculus may terminate your right to use the Firmware for any reason immediately upon wrien noce to you. Following terminaon, you
shall immediately stop using the Firmware and shall promptly delete the Firmware, including all copies thereof, from all devices in your possession.
INJUNCTION. Because Oculus would be irreparably damaged if these Terms and Condions were not specically enforced, you agree that Oculus shall be entled,
without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches hereof, in addion to such other remedies as Oculus
may otherwise have under applicable laws.
INDEMNITY. You agree to indemnify, defend and hold Oculus, its partners, licensors, aliates, contractors, ocers, directors, employees and agents harmless from all
damages, losses and expenses, including aorneys’ fees (“Claims”) relang to your use of the Product, your breach of these Terms and Condions, or any third party
claims relang to your development of interacve soware applicaons for use with the Headset, if any.
NO WARRANTIES OR SUPPORT. OCULUS PROVIDES THE PRODUCT “AS IS,” WITHOUT WARRANTIES OR SUPPORT OF ANY KIND. OCULUS EXPRESSLY DISCLAIMS
ALL WARRANTIES RELATING TO THE PRODUCT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCULUS DOES NOT AND WILL
NOT PROVIDE ANY TECHNICAL OR CUSTOMER SUPPORT FOR THE PRODUCT WHATSOEVER. IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED BY OCULUS
WITH RESPECT TO THE PRODUCT AND THE USE THEREOF, THE SUPPORT OR ASSISTANCE IS ALSO PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS
OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. OCULUS DOES NOT WARRANT THAT THE USE OR OPERATION OF THE PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE. YOU BEAR ALL RISKS RELATING TO THE USE OF THE PRODUCT AND THE QUALITY AND PERFORMANCE OF THE PRODUCT AND
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTHING STATED BY ANY OCULUS AGENT, AFFILIATE, SUPPLIER, OR IN ANY OTHER
DOCUMENTATION OR PACKAGING FOR THE PRODUCT SHALL SERVE TO GRANT ANY WARRANTY PROTECTION BEYOND THE SCOPE OF THIS PARAGRAPH.
LIMITATION OF LIABILITY. OCULUS’ LIABILITY SHALL BE LIMITED TO THE PRICE YOU ACTUALLY PAID TO OCULUS FOR THE PRODUCT OR TO REPLACEMENT OF THE
PRODUCT, AND YOU WILL NOT BE ENTITLED TO ANY OTHER REMEDY REGARDLESS OF YOUR CLAIM. IN NO EVENT WILL OCULUS BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR POSSESSION, USE, MISUSE, OR INABILITY TO USE THE
PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS OR REVENUE,
ATTORNEYS’ FEES, DOWN-TIME COSTS, LOSS OF USE OF EQUIPMENT, OR ANY OTHER CLAIM WHETHER IN NEGLIGENCE, STRICT LIABILITY, OR OTHER PRODUCT
LIABILITY THEORIES. THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT OCULUS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN LIABILITIES SUCH AS LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS SO PROHIBITED. THESE LIMITATIONS OF LIABILITY AND WARRANTY
DISCLAIMERS STATED IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF WHETHER ANY LIMITED
REMEDY HEREUNDER FAILS IN ITS ESSENTIAL PURPOSE.
MISCELLANEOUS. These Terms and Condions represent the complete agreement concerning the Product between you and Oculus and supersede all prior
agreements and representaons between the pares on the subject. These Terms and Condions may be amended by Oculus upon thirty (30) days noce to you.
If any provision of these Terms and Condions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make
it enforceable and the remaining provisions of these Terms and Condions shall not be aected. These Terms and Condions shall be governed by California law
(without regard to its choice of law principles) and you consent to the exclusive jurisdicon of the state and federal courts in Los Angeles, California.
FCC Informaon:
This equipment has been tested and found to be within the limits for a class B digital device, pursuant to part 15 for the FCC Rules. These limits are designed to
provide reasonable protecon against harmful interference in a residenal installaon. This equipment generates, uses, and can radiate radio frequency energy and, if
not installed and used in accordance with the instrucons, may cause harmful interference to radio communicaons.
This device complies with part 15 of the FCC rules. Operaon is subject to the following two condions: (1) This device may not cause harmful interference, and (2)
this device must accept any interference received, including interference that may cause undesired operaon.
Note: Changes or modicaons not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.
Oculus Ri™ Development Kit, Oculus VR, Inc. USA
Model No.: DK1
Made in China