HTC VIVE WIRELESS ADAPTER PRODUCTS LIMITED WARRANTYUnited StatesPLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. THISLIMITED WARRANTY CONTAINS A MANDATORY 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 CLASS ACTION WAIVER BELOW. IF YOU DO NOT ACCEPT THIS LIMITEDWARRANTY, DO NOT USE YOUR HTC PRODUCT OR ACCESSORY. INSTEAD, PLEASE RETURN IT TO THE RETAILERFROM WHOM YOU PURCHASED IT WITHIN THE RETAILER’S RETURN PERIOD.
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: 3-in-1 short cable, Headset short cable, Power bank cables, Holder for Power Bank, Cradle for VIVE Headset,
Cradle for VIVE Pro Headset and Wireless Link Box Clip; 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 that is in accordance with the user manual and/or instructions provided with the Productor Accessory or posted online.

3.

“Product” means the HTC VIVE Wireless Adapter or HTC VIVE Wireless Adapter Attachment Kit virtual reality devices purchasedfrom an authorized Retailer, which may include the following: Wireless Adapter, PCIe WiGig Card, Wireless Link Box and Portable
Power Bank.

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 or received 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 Use Conditions.
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 otherrights which vary from 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(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 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 a Product or Accessory serial number, date code, or water indicator has been removed, erased, defaced, or altered, or is illegible;2.

to any deterioration of the cosmetic appearance of a Product or Accessory due to normal wear and tear;3.

to consumable parts, such as "Head pad cushion for VIVE Pro" and protective coatings that are reasonably expected to diminish over time,
unless failure has occurred due to a malfunction;4.

to malfunctions caused by the portable power bank battery, if improperly installed, or if the seals of the battery enclosure or the cells show
evidence of tampering;5.

to malfunctions caused by static discharge, electrical surges or other electrical current problems that are not the fault of the Product orAccessory;6.

to use not in accordance with the user manual or not under Normal Use Conditions;7.

to rough handling; use outdoors; exposure to liquid, dampness or extreme thermal or environmental conditions or a rapid change in suchconditions; corrosion; or oxidation;8.

to damage caused by or resulting from modifications or non-warranty repairs;

9.

to accidents, forces of nature, or other actions beyond the reasonable control of HTC (including but not limited to deficiencies inconsumable parts) unless the defect was caused directly by a malfunction;

10. to physical damage to the surface of a Product or Accessory, including but not limited to cracks or scratches on the surfaces of the Productor Accessory, including any screen or lens;
11. to any computer or other product to which a Product or Accessory may connect. HTC does not warrant that the operation of a Product orAccessory will be uninterrupted or error-free;
12. where the software loaded on a Product, including but not limited to the operating system and/or firmware, needs to be upgraded, if such
updates can be loaded by You;
13. 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;
14. to malfunctions caused by unplugging any cable from or otherwise powering off a Product, or your computer during any firmware update;or
15. to malfunctions caused by the use of a Product or Accessory with or connection of a Product to an accessory not approved or provided byHTC, or used in any way other than its intended use and where such defect is not the fault of the Product itself.
This Limited Warranty is valid and enforceable only in the United States where the Product and Accessories are intended to be sold. A Product orAccessory can only be returned to be repaired under this Limited Warranty in the country where it was purchased. Warranty service availability
and response time may vary from country to country.

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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.
that opening the Product or Accessory may cause damage that is not covered under the Limited Warranty.

Please note2.

If the problem cannot be resolved by reference to the user manual and/or resources available at www.vive.com, You should contact theRetailer from which 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 purchaseupon 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 forwarranty 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 loss of any kind of digital data stored on the Product storage media.
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 orAccessory 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 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 or Accessory, the repaired or replaced Product or Accessory 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. 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 a perceived 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 theProduct or Accessory for warranty 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 ALLSTATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS TO THE DURATION OFTHIS LIMITED WARRANTY AND, AT HTC’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN. SomeStates do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to You.
LIMITATION OF LIABILITY3EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HTC SHALL NOTBE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUTNOT LIMITED TO LOSS OF DATA, LOSS OF PRIVACY, LOST PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, ORLOSS OF CONFIDENTIALITY. NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIALPURPOSE, THE ENTIRE LIABILITY OF HTC AND ITS SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALLBE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE PRODUCT OR ACCESSORY. THESEEXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. Some States do not allow theexclusion or limitation of incidental or consequential 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 CERTAINDISPUTES AND CLAIMS WITH HTC AND LIMITS THE 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 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 or Accessory (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 Disputeto one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Disputedecided 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, is personal to You and HTC and that such Dispute will be resolved solely through individual arbitration and will not be brought as aclass arbitration, class action, or any other type of representative proceeding. You and HTC agree that there will be no class arbitration orarbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, Youand 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 other party in writing of any arbitrable or small claims
Dispute not less than thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice toHTC shall be sent to HTC 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 haveno 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 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 numberand an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of theDispute, 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 thedate notice is received by the applicable party, then either You or HTC may, as appropriate and in accordance 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 Disputemust 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 according to the American Arbitration Association Commercial Arbitration Rules applicable to consumer disputes (the “AAA Rules”),
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 thearbitrator, or by a hearing in person or by phone. The arbitration shall be held in King County, Washington and the state and federal courts located4

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 theauthority 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 Limited Warranty; provided, however, that the arbitrator does not have theauthority 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 a particular dispute, including but not limited to whether a class arbitration is permitted by this Limited
Warranty, shall be resolved by a proper court in King County, Washington, rather than an arbitrator. Any dispute concerning the enforceabilityof this agreement to arbitrate, or any part thereof, shall also be resolved 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 opting out of this agreement to arbitrate as specified below, You either (a) acknowledge and agree that You have read and understand theAAA Rules, or (b) waive Your 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 THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THE CLASS CLAIM.
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 or Accessory that You reject the agreement to arbitrate. You must include in Your notice ofopt-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 of Accessory. These numbers may be found on the packaging and on the Product orAccessory. 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 this agreement 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 lawof the State of Washington, without reference to its choice of laws principles, shall govern this Limited Warranty. Notwithstanding theforegoing, 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, suchinvalidity or unenforceability 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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