HTC VIVE FOCUS 3
THIS PRODUCT IS FOR PERSONAL, NON-COMMERCIAL USE ONLY.
WARRANTY COVERAGE IS VOID IF USED FOR COMMERCIAL OR NON-PERSONAL PURPOSES(INCLUDING BUT NOT LIMITED TO: RENTAL, PAY-PER-PLAY, ARCADE … ETC.)IF PRODUCT IS REQUIRED FOR COMMERCIAL USE, PLEASE CONTACT OUR VIVE ENTERPRISE FOR
MORE DETAILS HTTPS://BUSINESS.VIVE.COM/.

HTC VIVE FOCUS 3 PRODUCT - LIMITED WARRANTY
Australia, New Zealand
PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS ANDOBLIGATIONS. THIS LIMITED WARRANTY CONTAINS A MANDATORY ARBITRATION CLAUSEWITH A CLASS ACTION WAIVER. BY USING YOUR HTC PRODUCT OR ACCESSORY, YOU
AGREE TO THE LIMITED WARRANTY, INCLUDING THE MANDATORY ARBITRATION CLAUSEAND CLASS ACTION WAIVER BELOW. OUR GOODS COME WITH GUARANTEES THATCANNOT BE EXCLUDED UNDER THE AUSTRALIAN AND NEW ZEALAND CONSUMER LAW.
YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND FOR
COMPENSATION FOR ANY OTHER LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE
THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY
AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. THE BENEFITS OF THISWARRANTY ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES OF THE CONSUMERUNDER A LAW IN RELATION TO THE GOODS OR SERVICES TO WHICH THE WARRANTY
RELATES.
DEFINITIONS
The following definitions apply to this Limited Warranty:
1. “Accessory” or “Accessories” means other secondary component(s) that aresupplied with the Product at the time of sale and included in the box, which may
include USB cable & Power adapter; provided that these Accessories were
manufactured by or for HTC and can be identified by the “VIVE” or “HTC” trademark,trade name, or logo affixed to the to the component, if present, as originally supplied.

2. “Normal Use Conditions” means common end-user use under normal homeconditions in accordance with the User Manuals (User Manual as defined below) andinstructions provided with the Product or Accessory or posted on-line(www.vive.com/support).
3. “POP” means the Proof of Purchase document for the original sales of this Product,
it may be the Sales Invoice or Receipt issued by HTC or HTC authorized Retailers.
4. “Product” means the HTC VIVE FOCUS 3 virtual reality system, which includes thehead mounted display (VIVE FOCUS Headset) and handheld controllers (VIVE FOCUS
Controllers) provided in the box at the time of original purchase from an authorized
Retailer or directly from HTC.
5. “Retailer” means a business that sells Product directly to end users, including thosewith a physical and/or online presence.
6. "User Manual” means the user instruction materials (e.g. user guide, quick startguide and safety guide documents) packaged with the Product or Accessory or posted
on-line.
7. "Warranty Period for Product and Accessories" means twenty-four (24) months fromthe date You purchased the Product from HTC authorized Retailer or directly fromHTC.
8. “You” or “Your” means the original purchaser and/or original end-user of the Product.
WHAT IS COVERED BY THIS LIMITED WARRANTY?
During the Warranty Period HTC warrants that the Product or Accessory will be free fromdefects in material and workmanship if used under Normal Use Conditions.This Limited
Warranty is given only to You, and may not be sold, assigned, transferred, or given in full orin part to any subsequent purchaser or acquirer of the Product or Accessory or any otherperson.Consumer guarantees and statutory warranties may provide you with additional ordifferent legal rights.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not apply other than to the Product or Accessory. It therefore
does not apply to any non-HTC equipment or any software (e.g. software development kit(SDK) and android application package (APK) support) whatsoever, whether developed by
HTC or a third party, even if intended or labelled as for use with the Product. Third party
manufacturers, suppliers, or publishers may provide warranties for their own products andYou may contact them directly for service.
EVEN WITH RESPECT TO THE PRODUCT OR ACCESSORY YOU PURCHASED, THIS LIMITEDWARRANTY SHALL NOT APPLY:
1. if the Product or Accessory serial number, the date code, the water indicator, or the
warranty seal (void label) has been removed, erased, defaced, or altered, or is illegible;
2. to any deterioration of the cosmetic appearance of the Product or Accessory due tonormal wear and tear;
3. to consumable parts, such as Lanyards, AA Alkaline batteries and Clean cloth orprotective coatings that are reasonably expected to diminish over time, unless failure
has occurred due to a malfunction;
4. to malfunctions caused by the battery, if improperly installed by You or anotherperson, or if the seal of the battery enclosure or the battery pack is broken or show
evidence of tampering;
5. to malfunctions caused by electrical surges or other electrical current problems thatare not the fault of the Product or Accessory;
6. to use not in accordance with the user manual or not under Normal Use Conditions;
7. to rough handling; use outdoors; exposure to liquids; dampness or extreme thermalor environmental conditions or a rapid change in such conditions; corrosion; oroxidation;
8. to use for commercial purposes, as the Product is intended only for personal
entertainment purposes;
9. to damage caused by or resulting from modifications or non-warranty repairs;
10. to accidents, forces of nature, or other actions beyond the reasonable control of HTC(including but not limited to deficiencies in consumable parts) unless the defect wascaused directly by a malfunction;
11. to physical damage to the surface of the Product or Accessory, including but notlimited to cracks or scratches on the surfaces of the Product or Accessory, including
any screen or lens;
12. to any computer or other product to which the Product may connect. HTC does notwarrant that the operation of the Product or Accessory will be uninterrupted or errorfree;
13. where the software loaded on the Product, including but not limited to the operating
system and/or firmware, needs to be upgraded, if such updates can be loaded by You;
14. to any Product in which the operating system and/or firmware has been altered,including any failed attempts to alter the operating system, regardless of whether
such modifications are authorized, approved, or otherwise sanctioned by HTC;
15. to malfunctions caused by unplugging any cable from or otherwise powering off the
Product or your computer during a firmware update; orPage 2

16. to malfunctions caused by the use of the Product or Accessory with or connection of
the Product to an accessory not approved or provided by HTC, or used in any way
other than its intended use and where such defect is not the fault of the Product itself.
TERRITORYThis Limited Warranty is valid and enforceable only in Australia or New Zealand where theProduct is intended to be sold. A Product or Accessory can only be returned for repair under
this Limited Warranty in the country where it was purchased. Warranty service availability
and response time may vary from country to country.
Service availability may also be the subject of a consumer guarantee or statutory warranty
in the case of consumer sales.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the Product or Accessory, You should take thefollowing actions:
1. Refer to the user manual and/or resources available at www.vive.com in order to
identify and correct the problem.
2. If the problem cannot be resolved by reference to the User Manual and/or resources
available at www.vive.com, You should visit www.vive.com/au/support or
www.vive.com/nz/support for further information on contacting HTC customer care
for assistance.
3. If the Product and/or Accessory need to be returned to HTC for further analysis or
repair, please be sure to have the following information available before You contact
HTC customer care.
a. The model and serial number of the Product or Accessory.
b. Your full address and contact information.
c. A copy of the original invoice, receipt or bill of sale for the purchase of the
Product. You must present a valid POP (Proof of Purchase) upon making any
claims pursuant to this Limited Warranty.
Upon completion of these steps, HTC will provide You with instructions regarding how andwhen the Product or Accessory should be returned. You may be responsible for costs inconnection with the return of the Product or Accessory to the Retailer or HTC.
Before returning any unit for service, be sure to back up data and remove any confidential,
proprietary, or personal information, and/or removable memory from the Product, such as
micro SD memory card. HTC is not responsible for damage to or loss of any programs, data,
images, personal information, digital assets, or removable storage media. DURING THE
NORMAL REPAIR PROCESS, THE CONTENTS OF THE PRODUCT WILL LIKELY BE ERASED,INCLUDING DATA STORED ON EITHER INSTALLED OR REMOVABLE STORAGE. At HTC’s sole
discretion, the Product or Accessory may be returned to You in either the original
configuration or as updated to the newest available software.
Before returning any Product for service, You will need to remove and retain Accessories ordetachable components on the Product (such as the Micro-SD memory card) unless You arerequested by HTC to return Accessories with the Product. In the event You fail to retain
Accessories or such detachable components on the Product, they may not be returned to
You and HTC will not be responsible for their loss.
If You return the Product or Accessory during the Warranty Period and it satisfies the termsof this Limited Warranty, HTC or its authorized agent will, at its sole discretion, repair or
replace it. Repair or replacement may involve the use of a functionally equivalent
reconditioned Product or Accessory and/or parts. The retailer or HTC will return the repairedor replacement Product or Accessory to You in good working condition. Any Product,
Accessory, or parts or components thereof that are replaced under the terms of this Limited
Warranty become the property of HTC.
If HTC repairs or replaces the Product, the repaired or replaced Product shall continue to be
warranted for the remaining time of the original Warranty Period or for three (3) months
from the date of repair or replacement, whichever is longer.
Rather than ask You to return the Product or Accessory, HTC may instead elect to supply
user-installable parts directly to You to fulfill its Limited Warranty obligations. You in turnagree to return the replaced parts if requested by HTC.
HTC must be notified of a perceived malfunction during the applicable Warranty Period inorder for You to be eligible for any remedy under the Limited Warranty. Do not ship Your
Product or Accessory directly to HTC unless You are asked by HTC to do so when following
the steps above. If You need to return the Product or Accessory for warranty service, thesteps above must be followed.
DISCLAIMER AND LIMITATION OF OTHER WARRANTIES AND RIGHTSTO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SETFORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES.

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TO THE EXTENT LEGILSATION PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES OR
STATUTORY CONSUMER GUARANTEES, HTC LIMITS ITS LIABILITY FOR A FAILURE TO COMPLYWITH SUCH WARRANTY OR GUARANTEE TO ONE OR MORE OF THE FOLLOWING:THE
REPLACEMENT OF DEFECTIVE GOODS ORTHE SUPPLY OF EQUIVALENT GOODS; THE REPAIR
OF THE GOODS; PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING
EQUIVALENT GOODS; PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
LAW, HTC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGESOF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS ORCOMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
DATA, LOSS OF PRIVACY, OR LOSS OF CONFIDENTIALITY.
NOTWITHSTANDING THE
FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE ENTIRE
LIABILITY OF HTC AND ITS SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTYSHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCT.
THESE EXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF THESEDAMAGES. Some States do not allow the exclusion or limitation of incidental orconsequential damages, so the above limitation or exclusion may not apply to You.
AGREEMENT TO ARBITRATE DISPUTESPLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM HTC.
THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW IS SUBJECT TO ANY RIGHT YOU
MAY HAVE TO PURSUE A RIGHT OR REMEDY IN YOUR LOCAL JURISDUCTION IN RESPECT
OF AN ALLEGED BREACH OF CONSUMER PROTECTION LAWS.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual
action in small claims court, and any claims in respect of which you are entitled to pursue a
remedy before a court in respect of a consumer transaction, you and HTC agree (a) to waive
your and HTC’s respective rights to have any and all disputes or claims arising from or related
to this Limited Warranty or the sale, condition, use, or performance of the Product(collectively, “Disputes”) resolved in a court, and (b) to waive your and HTC’s respective
rights to a jury trial. Instead, you and HTC agree to arbitrate Disputes through binding
arbitration (which is the referral of a Dispute to one or more persons charged with reviewing
the Dispute and making a final and binding determination to resolve it instead of having the
Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and HTC agree thatany Dispute arising out of or related to this Limited Warranty, is personal to you and HTC
and that such Dispute will be resolved solely through individual arbitration and will not be
brought as a class arbitration, class action, or any other type of representative proceeding.
You and HTC agree that there will be no class arbitration or arbitration in which an individual
attempts to resolve a Dispute as a representative of another individual or group ofindividuals. Further, you and HTC agree that a Dispute cannot be brought as a class orother type of representative action, whether within or outside of arbitration, or on behalfof any other individual or group of individuals.
Notice; Informal Dispute Resolution. You and HTC agree that each party will notify theother party in writing of any arbitrable or small claims Dispute not less than thirty (30) daysof the date it arises, so that the parties can attempt in good faith to resolve the Disputeinformally. Notice to HTC shall be sent to HTC Arbitration Program Administrator, 308
Occidental Avenue, Suite 300, Seattle, WA 98104. Your notice must include (a) your name,postal address, telephone number, the email address you use or used for your HTC accountor, if different or if you have no HTC account, an email address at which you can be contacted,(b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specificrelief that you are seeking. Our notice to you will be sent electronically to the email
address you use or used for your HTC account, where available, and will include (a) our name,postal address, telephone number and an email address at which we can be contacted withrespect to the Dispute, (b) a description in reasonable detail of the nature or basis of the
Dispute, and (c) the specific relief that we are seeking. If you and HTC cannot agree how
to resolve the Dispute within thirty (30) days after the date notice is received by theapplicable party, then either you or HTC may, as appropriate and in accordance with thisLimited Warranty, commence an arbitration proceeding or, to the extent specificallyprovided for above, file a claim in small claims court or pursue a remedy before a local courtin respect of a consumer transaction.
Process. Except for Disputes in which either party seeks to bring an individual action in small
claims court or where a party seeks to pursue a remedy before a local court in respect of aconsumer transaction, you and HTC agree that any Dispute must be commenced or filed by
you or HTC within one (1) year of the date the Dispute arose, otherwise the underlying claim
is permanently barred (which means that you and HTC will no longer have the right to assert
such claim regarding the Dispute). You and HTC agree that the arbitration shall be:

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1. where the Product was purchased in Australia, according to the Australian Disputes
Centre (ADC) Rules for Domestic Arbitration operating at the time the Dispute isreferred to ADC except insofar as those rules would be inconsistent with any part ofthis Limited Warranty, including without limitation the agreement to arbitrate. For
claims of $5,000 or less, You may decide whether You would prefer to have thearbitration decided based only on documents submitted to the arbitrator, or by ahearing in person or by phone. The arbitration shall be held in Melbourne and thestate courts located in Victoria, Australia, have exclusive jurisdiction over any appeals
and the enforcement of an arbitration award. You may also have the right to litigate
a Dispute in a small claims court located in your jurisdiction if the Dispute meets therequirements to be heard in small claims court, and no attempt is made to exclude
any right which you have in relation to commencing court proceedings locally inrespect of a consumer transaction;
2. where the Product was purchased in New Zealand, according to the current
Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc.,
except insofar as those rules would be inconsistent with any part of this Limited
Warranty, including without limitation the agreement to arbitrate. For claims of$5,000 or less, You may decide whether You would prefer to have the arbitration
decided based only on documents submitted to the arbitrator, or by a hearing inperson or by phone. The arbitration shall be held in Auckland, and the courts of
New Zealand have exclusive jurisdiction over any appeals and the enforcement of anarbitration award. You may also have the right to litigate a Dispute in a small claims
court located in your jurisdiction if the Dispute meets the requirements to be heard
in small claims court, and no attempt is made to exclude any right which you have in
relation to commencing court proceedings locally in respect of a consumertransaction;
Authority of Arbitrator. Subject to any provision to the contrary as set out (in the case ofAustralia) in the International Arbitration Act 1974 (Cth) and uniform State and Territorycommercial arbitration acts, or (in the case of New Zealand) in the Arbitration Act 1996 (NZ),
the arbitrator will have the authority to grant any remedy that would otherwise be available
in court, provided that the arbitrator’s award may not exceed, in form or amount, the relief
that a court in the same jurisdiction could order under the Limited Warranty; provided,
however, that the arbitrator does not have the authority to conduct a class arbitration or arepresentative action, which is prohibited by this Limited Warranty. Notwithstanding theforegoing, any decisions concerning arbitrability of a particular dispute, including but notlimited to whether a class arbitration is permitted by this Limited Warranty, shall be resolved
by a proper court in the jurisdiction of the Dispute, rather than an arbitrator. Any disputeconcerning the enforceability of this agreement to arbitrate, or any part thereof, shall also
be resolved by a proper court in Victoria, Australia (in the case of Products purchased inAustralia) or (in the case of Products bought in New Zealand) Auckland, rather than anarbitrator.
Rules of DADR bodies. The rules of to the Australian Disputes Centre (ADC) Rules for
Domestic Arbitration (in Australia) and the Arbitration Protocol of the Arbitrators' andMediators' Institute of New Zealand Inc (in New Zealand) are available on their respective
websites. By not opting out of this agreement to arbitrate as specified below, you either(a) acknowledge and agree that you have read and understand the these rules, or (b) waive
your opportunity to read these rules and any claim that the rules are unfair or should not
apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONSSET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE AGREEMENT TO
ARBITRATE WILL NOT APPLY.
RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify HTC
in writing postmarked no later than 30 calendar days of purchasing the Product orAccessory that You reject the agreement to arbitrate. You must include in Your notice of
opt-out (a) Your name and address; (b) the date on which You purchased the Product orAccessory; (c) the Product model name; and (d) Serial Number of the Product. These
numbers can be found on the Product packaging and on the Product. You must sendYour written notice to HTC Arbitration Program Administrator, 308 Occidental Avenue,
Suite 300, Seattle, WA 98104. No other form of notice will be effective to opt out of thisagreement to arbitrate. If You opt out of the agreement to arbitrate, the Limited
Warranty will still apply to You.
GENERAL PROVISIONS
1. Waiver of Jury Trial: IF A DISPUTE BETWEEN YOU AND HTC PROCEEDS IN COURTRATHER THAN OR IN ADDITION TO IN ARBITRATION, YOU AND HTC
UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION,PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS LIMITEDWARRANTY.
2. Governing Law: Except as preempted by legislation, the law of the State of Victoria(in the case of Products purchased in Australia) and New Zealand (in the case of
Products purchased in New Zealand), without reference to their respective choice ofPage 5

laws principles, shall govern this Limited Warranty. Notwithstanding the foregoing,
the laws of Your jurisdiction will apply to any tort claims and/or any claims under any
consumer protection statutes and, without limitation, may entitle you to bringproceedings in your jurisdiction.
3. Severability: Except as specifically provided above, if any provision of this Limited
Warranty is held to be invalid or unenforceable, such invalidity or unenforceability
shall not affect the enforceability of the remainder of the Limited Warranty.

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