Last updated: 7/21/2023
HTC END USER LICENSE AND TERMS OF USE AGREEMENT - HMD Software
The terms of this HTC End User License and Terms of Use Agreement (“Agreement”) govern the access to,and use of, the Software of In-Scope Users (as those terms are defined below). As used herein, “HTC” means
HTC Corporation and its Affiliates, where “Affiliates” means those entities controlling, controlled by, or undercommon control with HTC Corporation, and “You” and “Your” mean the person or entity on whose behalf the
Software is accessed.
In-Scope User. You are an “In-Scope User” if You are either a Retail User or an Indirect Commercial User,
as defined below.
1. Retail User. You are a “Retail User” if you access the Software for your own personal benefit, andNOT for the benefit of, or on behalf of, any third party, such as your employer or any commercial entity;
2. Indirect Commercial User. You are an “Indirect Commercial User” if you access the Software at thedirection, or for the benefit, of a third-party commercial or government entity (such as your employer),
AND such third-party has NOT executed a separate, written agreement with HTC, expressly setting
forth a license grant, together with terms and conditions, applicable to the third party’s use of the
Software.
Enterprise User. You are an “Enterprise User” if you access the Software on behalf of, or for the benefit of,a third party commercial or government entity (such as your employer), AND such third-party’s use of the
Software is subject to the terms of a separate, active software license agreement in place between the third
party and HTC directly (“Enterprise Agreement”). Enterprise Users’ access to and use of the Software isgoverned by the terms of the relevant Enterprise Agreement in lieu of this Agreement.
If you are neither an In-Scope User nor an Enterprise User, you are not permitted to access or use theSoftware.

IF YOU ARE AN IN-SCOPE USER,
PLEASE READ THIS AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONSRELATING TO THE SOFTWARE. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATIONPROVISION AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 14. THE TERMS OF THISAGREEMENT ARE LEGALLY BINDING UPON THE HTC AFFILIATE CORRESPONDING TO YOURLOCATION (AS SET FORTH IN SECTION 14 BELOW) AND BOTH THE PERSON USING THE SOFTWARE
AND THE PERSON OR ENTITY ON WHOSE BEHALF THE SOFTWARE IS ACCESSED. BY
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE (AS SUCH TERM IS DEFINED BELOW), YOU
AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY ON WHOSE BEHALF YOU ACCESS THE
SOFTWARE, TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, THEN (A) DO NOT USE
THE SOFTWARE OR THE HMD (DEFINED BELOW) AND RETURN IT TO THE RETAILER OR
DISTRIBUTOR FROM WHOM YOU RECEIVED IT IN ACCORDANCE WITH THE APPLICABLE PRODUCTRETURN REQUIREMENTS, (B) DO NOT INSTALL OR USE THE SOFTWARE; AND (C) DELETE ORDISABLE ANY DOWNLOADED COPY OF THE SOFTWARE IN YOUR POSSESSION OR CONTROL.
The terms of this Agreement govern Your access to and use of the Software. HTC may modify the terms ofthis Agreement from time to time in its discretion and will notify You of any such modifications by displaying a
notice to that effect in Your HMD, by public notice posted on our website, and/or by any other reasonablemeans in our discretion. Your continued access to or use of the Software following HTC’s publication or
distribution of modified terms constitutes Your acceptance of such terms.
If You are a Retail User, You represent and warrant that You are legally competent to be contractually bound1

by this Agreement, by age and all other factors. If You are an Indirect Commercial User, You represent andwarrant that You have full legal authority to bind the entity on whose behalf You access the Software to thisAgreement. If You do not have the authority or legal capacity to make these representations, You are notpermitted to access or use the Software.
1. SOFTWARE. The term “Software” as used herein means (a) the firmware and other software preinstalled on the head-mounted device (“HMD”) manufactured or provided by HTC , including its basestations (if applicable), controllers, and accessories (“Preinstalled Software”), and (b) any software
provided by HTC in connection with this Agreement that is designed to be downloaded and installed onYour computer and/or the HMD to help setup, manage, and operate Your HMD (“Downloaded
Software”); in each case including all associated media, printed or electronic documentation, content,
functionality, or services, updates, and support services. The Software may collect certain data regarding
Your HMD. Examples of data that may be collected include: (i) Your computer hardware and software
specifications and serial number or other identifier, (ii) Your HMD hardware and software specifications
and serial number or other identifier, (iii) Your HMD performance data and frequency of use data, and (iv)other information about how Your HMD is used. HTC’s collection and use of this data will be in accordancewith the HTC Privacy Policy (published at http://www.htc.com/us/terms/privacy/).
2. LICENSE GRANT. During the term of this Agreement, HTC grants to You a limited, non-sublicensable,
non-transferable, non-exclusive, license to (a) use the Preinstalled Software only as pre-installed in Your
HMD, and (b) to install and use Downloaded Software only in object code form on Your computer and/or(if applicable) Your HMD; in each case only for the Permitted Uses. “Permitted Uses” means use of the
Software in accordance with the terms herein to help You setup, manage, and operate Your HMD (i) forYour own personal use, and not for a Commercial Purpose, if you are a Retail User, (ii) for a Commercial
Purpose, provided that You are an Indirect Commercial User and You have registered and maintain an
active business account, and (iii) for any other purpose expressly approved by HTC in writing.
“Commercial Purpose” means a purpose that is undertaken for profit, monetary compensation,commercial advantage, or to help You produce commercial works or services. For clarity, use of the
Software as described in Section 13 (RESTRICTED USE) below is expressly excluded from Permitted
Uses.
3. LICENSE LIMITATIONS. The license granted in Section 2 is conditioned upon Your compliance with thisAgreement, including the following limitations. You are not permitted to:a) work around any technical limitations in the Software or to use the Software in an attempt to, orin conjunction with any device, program or service designed to, circumvent technical measures
employed to control access to, or the rights in the Software;b) reverse engineer, decompile, decipher, disassemble or otherwise attempt to access sourcecode of the Software, except and only to the extent that applicable law expressly permits,
despite this limitation;c) modify or make any derivative works of the Software, in whole or in part;d) remove any proprietary notices or labels on the Software or any copy thereof;e) use the Software to infringe the rights of HTC, its Affiliates, or any third party or in any way that
does not comply with all applicable laws;f)publish, rent, lease, lend, or sublicense the Software;g) distribute, transfer, disclose or otherwise provide the Software to any third party (except as anecessary component of Your sale or transfer of the HMD on which the Software is installed);orh) make any use of the Software in any manner not permitted by this Agreement.
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4. RESERVATION OF RIGHTS AND OWNERSHIP. HTC and its licensors and suppliers own the title,
copyright, and other intellectual property rights in the Software (and all rights embodied therein) andreserve all rights not expressly granted to You in this Agreement, including without limitation, rights arisingunder copyright and other intellectual property laws and treaties. The Software may contain third-party
software that is subject to open source or third-party license terms (“Third-Party Terms”). Your use of the
Software is subject to any Third-Party Terms included or referenced in the Software. In the event of aconflict between this Agreement and any Third-Party Terms, this Agreement will govern. Open-source
materials and Third-Party Terms, if applicable, are listed at www.vive.com. Except to the extent expressly
indicated in any applicable open-source software license terms, all open-source software is provided to
You on an “AS-IS” basis to the maximum extent permitted by applicable law. HTC, the HTC logo, the
VIVE logo, and other HTC product and service names referenced in the Software are the trademarks of
HTC. Any other company names, product names, service names and logos referenced in connection with
the Software may be the trademarks of their respective owners.
5. THIRD-PARTY RELATIONSHIPS. The Software may contain links to, or advertisements for, third-party
websites, resources, content, products, or services (“Third-Party Services”). You acknowledge and agree
that such third-party websites, resources, content, products, or services are not under HTC’s control andthat HTC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or(ii) the content, products, or services on or available from such websites or resources. Links to or
advertisements for any Third-Party Services do not imply any endorsement by HTC of such Third-Party
Services, nor any association of HTC with any such third parties. You acknowledge sole responsibility for
and assume all risk arising from Your use of any such websites, resources, content, products, or services.
Your relationship with respect to Third-Party Services is with the third party, and not with HTC. It is Your
responsibility to review the privacy policies, terms of use and other terms and conditions that apply to any
Third-Party Services. Any claims You might have with respect to Third-Party Services are against suchthird party and not against HTC.
6. SUPPORT AND UPDATES. HTC may automatically check Your version of the Software and may
automatically send Your computer updates to the Software.
7.

HEALTH AND SAFETY. YOU REPRESENT AND WARRANT THAT, PRIOR TO USING THE HMD OR
THE SOFTWARE, YOU HAVE READ AND UNDERSTAND ALL APPLICABLE HEALTH AND SAFETYWARNINGS AND INSTRUCTIONS AVAILABLE AT VIVE.COM. AND/OR INCLUDED IN RELEVANTHTC PRODUCT DOCUMENTATION. HTC MAY UPDATE OR REVISE THESE WARNINGS AND
INSTRUCTIONS, FROM TIME TO TIME. ADDITIONAL HEALTH AND SAFETY WARNINGS AND
INSTRUCTIONS MAY BE PROVIDED BY THIRD PARTIES IN RELATION TO THEIR PRODUCTS ANDSERVICES.

8. TERMINATION. This Agreement will automatically and immediately terminate upon the earliest
occurrence of: (a) Your breach of any of the terms of this Agreement; (b) HTC’s issuance of a notice oftermination to You; or (c) Your permanent disposition of the HMD on which the Software is installed or towhich it relates, including by way of sale, gift, or other transfer. Upon termination, You must immediately
destroy or disable all copies of the Software not stored on the HMD. The following sections of thisAgreement will survive termination: Sections 4, 5, and 9 through 19.
9. DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS-AVAILABLE”. THE ENTIRERISK OF USE AND PERFORMANCE REMAINS WITH YOU. HTC, ITS AFFILIATES, THEIR SUPPLIERS,
AND THEIR LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS(WHETHER EXPRESS, IMPLIED, OR STATUTORY) AND HEREBY DISCLAIM ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULARPURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. ADDITIONALLY, HTC, ITS
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AFFILIATES, THEIR SUPPLIERS, AND THEIR LICENSORS MAKE NO WARRANTY THAT THE
SOFTWARE: (A) WILL MEET YOUR REQUIREMENTS OR WILL WORK WITH ANY THIRD-PARTY
SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES; OR (B) WILL BE AVAILABLE OR
PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. ADDITIONALLY,HTC MAKES NO REPRESENTATION OR WARRANTY OF ACCURACY, COMPLETENESS, OR
RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SOFTWARE OR
THAT ANY DEFECTS OR ERRORS TO CONTENT WILL BE CORRECTED. ALL CONTENT AND
OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE SOFTWARE IS ACCESSED AT
YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THATRESULTS THEREFROM. INSTALLATION OF THE SOFTWARE MAY AFFECT THIRD-PARTY
SOFTWARE, APPLICATIONS, DEVICES OR SERVICES. YOU MAY HAVE ADDITIONAL RIGHTSUNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE
EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED,
THOSE TERMS ARE DEEMED INCORPORATED INTO THIS AGREEMENT BUT HTC’S LIABILITY
FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH AND
TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
10. DISCLAIMER OF CERTAIN DAMAGES. HTC, ITS AFFILIATES, THEIR SUPPLIERS, AND THEIR
LICENSORS INDIVIDUALLY AND COLLECTIVELY BEAR NO LIABILITY FOR ANY CONSEQUENTIAL;
SPECIAL; INCIDENTAL; INDIRECT; OR PUNITIVE DAMAGES; INCLUDING DAMAGES FOR LOSS OF
PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF
DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION;
LOSS OF PRIVACY;; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISINGOUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE
SOFTWARE, EVEN IF HTC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability and Exclusive Remedies. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER
THIS AGREEMENT, HTC’S, ITS AFFILIATES’, AND THEIR SUPPLIERS’ AND LICENSORS’MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THISAGREEMENT FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND
ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN
ANY WAY RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL BE TO RECOVER THE
ACTUAL DAMAGES YOU INCUR AS A DIRECT RESULT OF YOUR USE OF THE SOFTWARE, UP
TO THE AMOUNT YOU PAID FOR THE INDIVIDUAL HMD UNIT GIVING RISE TO SUCH CLAIM OR
CAUSE OF ACTION.
THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT,THE SOFTWARE, CONTENT, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOTENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT FOR THE EXCLUSIVEREMEDY IN THE FOLLOWING SENTENCE, THESE ACTUAL MONEY DAMAGES WILL BE YOUR
SOLE AND EXCLUSIVE REMEDY.
12. INDEMNIFICATION. You will defend, indemnify, and hold HTC, its Affiliates, directors, officers, employees,
agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party
claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) Your unauthorized useof the Software; (b) any violation by You of this Agreement; or (c) Your violation of any another party’s
rights or applicable law.
13. RESTRICTED USE. The Software is designed for systems that do not require fail-safe performance. You
may not use the Software in any device or system in which a malfunction of the Software would result inforeseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft4

navigation or communication systems and air traffic control.
14. GOVERNING LAW AND JURISDICTION FOR RESOLVING DISPUTES. The United Nations
Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
a) North and South America. If You obtained the Software in North or South America, You are
additionally contracting with HTC America, Inc. and the following terms in this Section 13(a) shallapply:AGREEMENT TO ARBITRATE DISPUTESIF YOU OBTAINED THE SOFTWARE IN NORTH OR SOUTH AMERICA, PLEASE READ THISSECTION 13(A) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAINDISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEKRELIEF FROM HTC.
Binding Arbitration. If You obtained the Software in North or South America, then, except for
disputes in which either party seeks to bring an individual action in small claims court, 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 Agreement or the use or performance of the Software (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 thereferral 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 orjury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and HTC agree that any
Dispute arising out of or related to this Agreement, is personal to You and HTC and that such
Dispute will be resolved solely through individual arbitration and will not be brought as a classarbitration, 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 of individuals. Further, You and HTC
agree that a Dispute cannot be brought as a class or other type of representative action, whether
within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution. You and HTC agree that each party will notify the otherparty in writing of any arbitrable or small claims Dispute not less than thirty (30) days of the dateit arises, so that the parties can attempt in good faith to resolve the Dispute informally. 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 account or, if different or if You have no HTC
account, an email address at which You can be contacted, (b) a description in reasonable detailof the nature or basis of the Dispute, and (c) the specific relief 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 with respect to the Dispute, (b) a description in reasonabledetail 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 isreceived by the applicable party, then either You or HTC may, as appropriate and in accordancewith this Agreement, commence an arbitration proceeding or, to the extent specifically provided
for above, file a claim in small claims court.
Process. Except for Disputes in which either party seeks to bring an individual action in small
claims court, You and HTC agree that any Dispute must be commenced or filed by You or HTC
5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 according to theAmerican Arbitration Association Commercial Arbitration Rules applicable to consumer disputes(the “AAA Rules”), except insofar as those rules would be inconsistent with any part of thisAgreement, including without limitation the agreement to arbitrate. For claims of $5,000 (USD) 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 in person or by phone. The arbitration
shall be held in King County, Washington, and the state and federal courts located in KingCounty, Washington have exclusive jurisdiction over any appeals and the enforcement of anarbitration award. You may also litigate a Dispute in the small claims court located in the U.S.
county of Your residence if the Dispute meets the requirements to be heard in small claims court.
Authority of Arbitrator. As limited by the Federal Arbitration Act, this Agreement and theapplicable AAA rules, 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 United States District Court could order under the Agreement; provided,
however, that the arbitrator does not have the authority to conduct a class arbitration or arepresentative action, which is prohibited by this Agreement. Notwithstanding the AAA Rules,
any decisions concerning arbitrability of a particular dispute, including but not limited to whether
a class arbitration is permitted by this Agreement, shall be resolved by a proper court in KingCounty, Washington, rather than an arbitrator. Any dispute concerning the enforceability of thisagreement to arbitrate, or any part thereof, shall also be resolved by a proper court in KingCounty, Washington, rather than an arbitrator.
Rules of AAA. The rules of AAA and additional information about AAA are available on the AAA
website (https://www.adr.org/aaa/faces/aoe/gc/consumer). By not opting out of this agreement
to arbitrate as specified below, You either (a) acknowledge and agree that You have read andunderstand the AAA Rules, or (b) waive Your opportunity to read the AAA Rules and any claimthat the AAA 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 first obtaining the Softwarethat 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 first obtained the Software. You must
send Your 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 outof this agreement to arbitrate. If You opt out of the agreement to arbitrate, the other terms
in the Agreement 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 COUNTER
CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
2. Governing Law: The Federal Arbitration Act (the “FAA”) applies to the agreement to arbitrate.
Except as preempted by FAA, the law of the State of Washington, without reference to its choiceof laws principles, shall govern this Agreement. Notwithstanding the foregoing, the laws of Your6

state of residence in the U.S.A., (or if You live outside of the U.S.A. but within North or SouthAmerica, the law of the country where You live), will apply to any tort claims and/or any claims
under any consumer protection statutes.
3. Severability: Except as specifically provided above, if any provision of this Agreement is held
to be invalid or unenforceable, such invalidity or unenforceability shall not affect theenforceability of the remainder of the Agreement.
b) Europe, Middle East, and Africa. If You obtained the Software in Europe, the Middle East or
Africa, You are additionally contracting with HTC Europe Co., Ltd. and the laws of England andWales governs the interpretation of this Agreement and applies to claims for breach of it,
regardless of conflict of laws principles. All other claims, including claims under consumer
protection laws, unfair competition laws, and in tort will be governed by the laws of the country
where You live. You irrevocably agree to the exclusive jurisdiction and venue of the courts in
London, England and Wales for any disputes arising out of or in connection with this Agreement.
If applicable law prevents jurisdiction and venue in London England, then to the maximum extent
permitted by applicable law You irrevocably agree that for any disputes arising out of or relating
to this Agreement exclusive jurisdiction and venue will be in the courts in the largest city in Yourcountry within 200 miles of where You live.
c) Australia, New Zealand, and Asia (except for the Middle East). If You obtained the Softwarein Australia, New Zealand, or Asia (except for the Middle East), You are contracting with HTC
Corporation and the laws of Taiwan govern the interpretation of this Agreement and applies toclaims for breach of it, regardless of conflict of laws principles. All other claims, including claims
under consumer protection laws, unfair competition laws, and in tort will be governed by the lawsof the country where You live. You irrevocably designate the Taipei District Court as the court offirst instance having jurisdiction over any disputes arising out of or in connection with thisAgreement. If applicable law prevents the designation of the Taipei District Court as the court offirst instance, then to the maximum extent permitted by applicable law You irrevocably agree
that for any disputes arising out of or relating to this Agreement exclusive jurisdiction and venue
will be in the courts in the largest city in Your country within 200 miles of where You live.
15. LEGAL EFFECT. This Agreement does not change Your rights under the laws of the country in which
You reside if the laws of Your country do not permit it to legally change Your rights. You may have rights
under the laws of the country in which You reside that are in addition to, or different from, the rights set
forth in this Agreement.
16. COMPLIANCE WITH LAW; EXPORT REGULATIONS. You will comply with all national and internationallaws, rules and regulations that apply to the Software and Your use of the Software, including the U.S.
Export Administration Regulations (to which the Software is subject), as well as end-user, end-use, anddestination restrictions issued by U.S. or other governments.
17. GENERAL. The section titles in this Agreement are used solely for the parties’ convenience and have nolegal or contractual significance. HTC’s failure to act with respect to a breach by You does not waive its
rights to act with respect to subsequent or similar breaches. No waiver of any provision of this Agreement
will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any otherprovision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any
term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms,
covenants and restrictions will remain in full force and effect and will in no way be affected, impaired orinvalidated. You may not assign, transfer or sublicense Your rights (if any) under this Agreement. This
Agreement will be binding upon all of HTC’s successors and assigns.
18. ENTIRE AGREEMENT. This Agreement, and any Additional Terms, comprise the entire agreement for
the Software. Your use of any HTC services separately offered by HTC or otherwise out of scope of this7Agreement are subject to additional license, use, and purchase terms. Internet-based services andsupport services (if any) may be subject to additional terms.
19. CONTACT INFORMATION. If You have any questions about this Agreement please direct all notices andcorrespondence to:
If to HTC Corporation:
Attn:

Legal Department
No. 88, Section 3, Zhongxing Road
Xindian Dist., New Taipei City 231
TaiwanIf to HTC America, Inc.:
Attn:

Legal Department
308 Occidental Avenue South, Suite 300
Seattle, Washington 98104
United States

With a copy to: HTC Corporation at the address above
If to HTC Europe Co., Ltd.
Attn:

Legal Department
Salamanca, Wellington Street Slough, Berkshire SL1 1YP
United Kingdom

With a copy to: HTC Corporation at the address above

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