HTC LIMITED WARRANTY – VIVE COSMOS PRODUCTUnited StatesPLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. THIS LIMITED WARRANTY CONTAINS AMANDATORY ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER.
BY USING YOUR HTC PRODUCT OR ACCESSORY, YOU AGREE TO THE LIMITED WARRANTY, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASSACTION WAIVER BELOW. IF YOU DO NOT ACCEPT THIS LIMITED WARRANTY, DO NOT USE YOUR PRODUCT OR ACCESSORY. INSTEAD, PLEASE RETURN ITTO THE RETAILER FROM WHOM YOU PURCHASED IT WITHIN THE RETAILER’S RETURN PERIOD.
WARRANTY COVERAGE IS VOID IF USED FOR COMMERCIAL PURPOSES.
DEFINITIONS
The following definitions apply to this Limited Warranty:
1. “Accessory” or “Accessories” means a secondary or auxiliary element included in the box with the "Product" at the time of sale and may include
without limitation: Headset cable, USB cable, DisplayPort cable and Power adapter; provided that the component was manufactured by or for HTC
and can be identified by the “HTC” or “VIVE” trademark, trade name, or logo affixed to the component as originally supplied.
2. “Normal Use Conditions” means common use under normal home conditions that is in accordance with the user manual and instructions provided
with the Product or Accessory or posted online.
3. “Product(s)” means the HTC VIVE COSMOS– virtual reality system purchased from an authorized Retailer, which includes in a kitted system thefollowing: the VIVE COSMOS headset, VIVE COSMOS link box and VIVE COSMOS controllers.
4. “Retailer” means a business that sells goods directly to end users, including those with a physical and/or online presence.
5. “State” means a State, the District of Columbia, and any other United States territory or possession.
6. “Warranty Period” means twelve (12) months from the date You purchased the Product from an authorized Retailer.
7. “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 from defects in material and workmanship if used under Normal UseConditions. This Limited Warranty is given only to You, and may not be sold, assigned, transferred, or given in full or in part to any subsequent purchaser oracquirer of the Product or Accessory or any other person. This Limited Warranty gives You specific legal rights, and You may also have other rights which varyfrom State to State.
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
whatsoever, whether developed by HTC or a third party, even if intended or labelled as for use with the Product. Third party manufacturers, suppliers, orpublishers may provide warranties for their own products and You may contact them directly for service.
EVEN WITH RESPECT TO THE PRODUCT OR ACCESSORY YOU PURCHASED, THIS LIMITED WARRANTY SHALL NOT APPLY:
1. if the Product or Accessory serial number, or the date code, or the water indicator has been removed, erased, defaced, or altered, or is illegible;
2. to any deterioration of the cosmetic appearance of the Product or Accessory due to normal wear and tear;
3. to consumable parts, such as Lanyard, AA alkaline battery, Clean cloth or protective coatings that are reasonably expected to diminish over time, unlessfailure has occurred due to a malfunction;
4. to malfunctions caused by the battery if improperly installed, or if the seals of the battery enclosure or the battery back is broken or show evidence oftampering;
5. to malfunctions caused by electrical surges or other electrical current problems that are 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, liquid damage, dampness or extreme thermal or environmental conditions or a rapid change insuch conditions; corrosion; or oxidation;
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 was caused directly by a malfunction;
11. to physical damage to the surface of the Product or Accessory, including but not limited to cracks or scratches on the surfaces of the Product orAccessory, including any screen or lens;
12. to any computer or other product to which the Product or Accessory may connect. HTC does not warrant that the operation of the Product or Accessory
will be uninterrupted or error-free;
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, regardlessof 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 any firmware update; or
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, orused 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 the United States where the Product and Accessories are intended to be sold. A Product or Accessory
can only be returned for repair under this Limited Warranty in the country where it was intended for purchase. Warranty service availability and responsetime may vary from country to country.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the Product or Accessory, You should take the following actions:
1. Refer to the user manual and/or resources available at www.vive.com/support 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 contact the Retailer fromwhich You purchased the Product or Accessory or visit www.vive.com/support for further information on contacting HTC customer care for assistance.
3. When You contact the Retailer or HTC, please be sure to have the following information available:
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 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 and when the Product or Accessory should be returned. You may be
responsible for costs in connection with the return of the Product or Accessory to HTC. Before returning the Product to HTC for warranty service, You must
backup and delete your personal digital data stored on the Product storage media. HTC and HTC authorized service centers are not responsible for any lossof any kind of digital data stored on the Product storage media.
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If You return the Product or Accessory during the Warranty Period and it satisfies the terms of 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 repaired or replacement Product or Accessory to You in good working condition. Any Product, Accessory, or parts orcomponents thereof that are replaced under the terms of this Limited Warranty become the property of HTC.
If HTC repairs or replaces the Product or Accessory, the repaired or replaced Product or Accessory shall continue to be warranted for the remaining time ofthe original Warranty Period or 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. If requested by HTC, You in turn agree to return the replaced parts at Your cost.
HTC reserves the right to restrict warranty service to the country where the Product or Accessory was intended to be sold. HTC must be notified of aperceived malfunction during the applicable Warranty Period in order 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 to do so when following the steps above. If You need to return the Product or Accessory forwarranty service, the steps above must be followed.
DISCLAIMER AND LIMITATION OF OTHER WARRANTIES AND RIGHTSTO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,REMEDIES, AND CONDITIONS. HTC LIMITS THE DURATION AND REMEDIES OF ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUTLIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS TOTHE DURATION OF THIS LIMITED WARRANTY AND, AT HTC’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN. Some States do notallow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
LIMITATION OF LIABILITYEXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTC SHALL NOT BE LIABLE FOR INCIDENTAL ORCONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PRIVACY, LOST PROFITS ORCOMMERCIAL LOSS, BUSINESS INTERRUPTION, OR LOSS OF CONFIDENTIALITY. NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OFITS ESSENTIAL PURPOSE, THE ENTIRE LIABILITY OF HTC AND ITS SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THEAMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCT OR ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISED OF THE
POSSIBILITY OF THESE DAMAGES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation orexclusion 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 LIMITSTHE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HTC.
Binding Arbitration. Except for disputes in which either party seeks to bring an individual action in small claims court, You and HTC agree (a) to waive Yourand 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 performanceof the Product or Accessory (collectively, “Disputes”) resolved in a court, and (b) to waive Your and HTC’s respective rights to a jury trial. Instead, You andHTC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Disputeand 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 that any Dispute arising out of or related to this Limited Warranty, ispersonal 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 toresolve 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 classor 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 other party in writing of any arbitrable or small claims Dispute notless than thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to HTC shall be sent toHTC Legal, 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 canbe contacted, (b) a description in reasonable detail of 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, or given to any alternate contact previously provided,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) adescription 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 toresolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either You or HTC may, as appropriate and inaccordance with this Limited Warranty, 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 becommenced or filed by You or HTC within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which meansthat 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 beinconsistent 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 in person or by phone. The
arbitration shall be held in King County, Washington and the state and federal courts located in King County, Washington have exclusive jurisdiction over any
appeals and the enforcement of an arbitration 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 the applicable AAA rules, the arbitrator will have the authority togrant 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 UnitedStates District Court could order under the Limited Warranty; provided, however, that the arbitrator does not have the authority to conduct a class arbitration
or a representative action, which is prohibited by this Limited Warranty. Notwithstanding the AAA Rules, any decisions concerning arbitrability of aparticular dispute, including but not limited to whether a class arbitration is permitted by this Limited Warranty, shall be resolved by a proper court in KingCounty, Washington, rather than an arbitrator. Any dispute concerning the enforceability of this agreement to arbitrate, or any part thereof, shall also beresolved by a proper court in King County, 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/Consumer). By not optingout of this agreement to arbitrate as specified below, You either (a) acknowledge and agree that You have read and understand the AAA Rules, or (b) waiveYour opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THEAGREEMENT TO ARBITRATE WILL NOT APPLY TO THE CLASS CLAIM.

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RIGHT TO OPT OUT: This agreement to arbitrate disputes will apply unless You notify HTC in writing postmarked no later than 30 calendar days ofpurchasing the Product or Accessory 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 or Accessory; (c) the Product model name; and (d) Serial Number of the Product, or description ofAccessory. These numbers may be found on the packaging and on the Product or Accessory. You must send Your written notice to HTC Legal,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 COURT RATHER 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
LIMITED WARRANTY.
2. Governing Law: The Federal Arbitration Act (the “FAA”) applies to the agreement to arbitrate. Except as preempted by FAA, the law of the Stateof Washington, without reference to its choice of laws principles, shall govern this Limited Warranty. Notwithstanding the foregoing, the laws of Your
state of residence 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 Limited Warranty is held to be invalid or unenforceable, such invalidity orunenforceability shall not affect the enforceability of the remainder of the Limited Warranty.
This Limited Warranty is offered by HTC Corporation, No. 23, Xinghua Road, Taoyuan District, Taoyuan City, 330, Taiwan.

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