Warranty

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PLEASE READ THE BELOW PROTOTYPE TERMS
CAREFULLY (“TERMS”). BY ACCESSING OR USING THE
PROTOTYPE (DEFINED BELOW), YOU AGREE TO ALL
OF THE TERMS. IF YOU DO NOT AGREE, OR ARE AN
EMPLOYEE ACCESSING OR USING THE PROTOTYPE ON
BEHALF OF YOUR EMPLOYER WITHOUT AUTHORITY
TO BIND YOUR EMPLOYER, TO ANY OF THE TERMS,
THEN DO NOT ACCESS OR USE THE PROTOTYPE AND
IMMEDIATELY RETURN IT TO OCULUS.
BEFORE USING OR TESTING THE PROTOTYPE, YOU
MUST REVIEW THE ATTACHED PRODUCT CARE AND
MAINTENANCE REQUIREMENTS AND HEALTH AND
SAFETY WARNINGS.
Prototype. This product (including all related components,
software, documentation, and accessories) is a new product
under development that is not publicly available (“
Prototype ”).
The Prototype has not yet been subject to rigorous testing,
is subject to change, and is not supported. You understand
that there are known and unknown risks of personal injury,
death, sickness, and property damage associated with use
of the Prototype.
Permitted Uses. The Prototype is the property of Oculus,
and is loaned and licensed to you solely for your testing and
evaluation (“
Authorized Uses ”). You agree to not (and to not
allow others to): (i) sell, lease, license, loan, transfer, encumber,
distribute or otherwise make available the Prototype to a
third party; (ii) modify, alter or create derivative works of the
Prototype; (iii) copy, reverse engineer, disassemble (or
attempt disassembly), or decompile the Prototype; (iv) video,
photograph, make drawings of, take images or measurements
of, or perform benchmarking of the Prototype in any way;
or (v) ship or transport the Prototype across international
borders. You also agree to: (a) keep the Prototype in good
condition; (b) notify us about any loss or damage to the
Prototype; and (c) promptly return or destroy the Prototype
as requested by Oculus.
Feedback. You may, but are not required to, provide Oculus
with comments, ideas, proposals or other feedback (whether
written, verbal or in any other format) in connection with these
Terms or your use of the Prototype or other Oculus products
and services (“
Feedback ”). Yo agree that your Feedback
may be used and commercialized in any way, in any medium,
whether now known or later developed, by or for Oculus, its
affiliates, licensees and customers for any purpose without any
obligations to you. You will not earn or acquire any rights or
licenses in the Prototype or in any Oculus intellectual property
rights on account of these Terms or otherwise.
Confidentiality. The Prototype (including its existence,
features, and functionality) and any Feedback are confidential
to Oculus (the “
Confidential Information ”). You will: (a) not
use any Confidential Information for any purpose other than
the Authorized Uses; (b) use at least reasonable efforts to
maintain the Confidential Information as strictly confidential;
(c) not share or discuss any Confidential Information with
any third party or allow any third party to access or use the
Prototype; (d) restrict the possession, knowledge and use of
Confidential Information to only your employees who have
a need to know the Confidential Information for Authorized
Uses; and (e) not post pictures, reviews or comments
regarding any Confidential Information on any blogs, message
boards, social media sites or in any other publicly available
media. These Terms are supplemental to the additional
obligations set forth in the agreement(s) between you and
Oculus (“
Additional Obligations ”) and do not supersede or
modify any additional or more restrictive obligations therein.