VIVE ENTERPRISE BUSINESS LIMITEDWARRANTY(For VIVE FOCUS Series only)

Australia, New Zealand
PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS ANDOBLIGATIONS. THIS LIMITED WARRANTY CONTAINS A MANDATORY ARBITRATION CLAUSE WITH ACLASS ACTION WAIVER.
BY USING YOUR HTC PRODUCT OR ACCESSORY, YOU AGREE TO THIS LIMITED WARRANTY,INCLUDING THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER BELOW.
OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIANCONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE ANDFOR COMPENSATION FOR ANY OTHER LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THEGOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THEFAILURE DOES NOT AMOUNT TO A MAJOR FAILURE.
THE BENEFITS OF THIS WARRANTY ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES OF THECONSUMER UNDER A LAW IN RELATION TO THE GOODS OR SERVICES TO WHICH THE WARRANTYRELATES.
DEFINITIONSThe following definitions apply to this Limited Warranty:
1. “Accessory” or “Accessories” means other secondary component(s) that are supplied with theProduct at the time of sale and included in the box, which may include USB cable & Poweradapter; 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 thecomponent, if present, as originally supplied.
2. “Normal Use Conditions” means common end-user use under normal home conditions inaccordance with the User Manuals (User Manual as defined below) and instructions 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 the head
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 fromHTC.
5. “Retailer” means a business that sells Product directly to end users, including those with aphysical and/or online presence.
6. "User Manual” means the user instruction materials (e.g. user guide, quick start guide andsafety guide documents) packaged with the Product or Accessory or posted on-line.
7. "Warranty Period for Product and Accessories" means twenty-four (24) months from the date
You purchased the Product from HTC authorized Retailer or directly from HTC.
8. “You” or “Your” means the original purchaser and/or original end-user of the Product.
WHO IS OFFERING THIS LIMITED WARRANTY?
This Limited Warranty is granted to You by HTC Corporation of No. 23, Xinghua Road, Taoyuan District,Taoyuan City 330, Taiwan (“HTC”).
WHAT IS COVERED BY THIS LIMITED WARRANTY?
During the Warranty Period HTC warrants that the Product or Accessory will be free from defects inmaterial 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 fullor in part to any subsequent purchaser or acquirer of the Product or Accessory or any other person.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not apply other than to the Covered Product. 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(s). 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 COVERED PRODUCT, THIS LIMITED WARRANTY SHALL NOT APPLY:(1). if a Product or Accessory serial number, date code, liquid indicator, or warranty seal (void label)
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 wearand tear;(3). to consumable parts, such as Face cushion, AA/AAA alkaline batteries ,Extension Package for20m, Lanyard, Wrist strap, Mounting kit, Earphone hole cap, Clean cloth or protective coatings
that are reasonably expected to diminish over time, unless failure has occurred due to amalfunction;(4). to malfunctions caused by the battery if improperly installed by You or another person, or if
the seals of the battery enclosure or the cells are broken or show evidence of tampering, or if
used in equipment other than that for which it has been specified;(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, dampness or extreme thermal orenvironmental conditions or a rapid change in such conditions; 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 in consumable 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 Product or 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 or Accessory 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 areauthorized, approved, or otherwise sanctioned by HTC;
(14). to malfunctions caused by unplugging any cable from or otherwise powering off a Product, oryour computer during any firmware update;(15). to malfunctions caused by the use of a Product or Accessory with or connection of a Productto 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 the Product 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 mayvary from country to country.
Service availability may also be the subject of a consumer guarantee or statutory warranty in the caseof consumer sales.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in a Covered Product, You should take the following actions:(1). Refer to the user manual and/or resources available at www.vive.com/support in order toidentify and correct the problem.
(2). If the problem cannot be resolved by reference to the user manual and/or resources availableat www.vive.com, You should login to your HTC enterprise account at
https://enterprise.vive.com/portal for further instructions on contacting HTC customer carefor 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.
b.
Your full address and contact information.
c.
A copy of the original invoice, receipt or bill of sale for the purchase of theProduct. 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 a
Covered Product should be returned. Before returning the Covered 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 loss of any kind of digital datastored on the product storage media.
If You return a Product or Accessory during the Warranty Period and it satisfies the terms of thisLimited Warranty, HTC or its authorized agent will, at its sole discretion, repair or replace it. Repair orreplacement may involve the use of a functionally equivalent reconditioned Product or Accessory
and/or parts. HTC or HTC authorized service partner will return the repaired or replacement Productor 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 a Product or Accessory, the repaired or replaced Product or Accessory shallcontinue 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 a 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 Product was intended to besold. HTC must be notified of a perceived malfunction during the applicable Warranty Period in orderfor You to be eligible for any remedy under this Limited Warranty. Do not ship Your Product orAccessory directly to HTC unless You are asked to do so when following the steps above. If You needPage 2

to return a Product 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 HEREIN
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, INCLUDINGIMPLIED WARRANTIES. TO THE EXTENT LEGILSATION PROHIBITS THE EXCLUSION OF IMPLIEDWARRANTIES OR STATUTORY CONSUMER GUSRANTEES, HTC LIMITS ITS LIABILITY FOR A FAILURE TOCOMPLY WITH SUCH WARRANTY OR GUARANTEE TO ONE OR MORE OF THE FOLLOWING:THEREPLACEMENT OF DEFECTIVE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THEGOODS; PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS;PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
LIMITATION OF LIABILITYEXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BYLAW, HTC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANYNATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS,BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY, ORLOSS 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 OFTHIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THEPRODUCT. THESE EXCLUSIONS APPLY EVEN IF HTC HAS BEEN ADVISED OF THE POSSIBILITY OF THESEDAMAGES.
AGREEMENT TO ARBITRATE DISPUTESPLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATECERTAIN DISPUTES AND CLAIMS WITH HTC AND LIMITS THE MANNER IN WHICH YOU CAN SEEKRELIEF FROM HTC.
THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW IS SUBJECT TO ANY RIGHT YOU MAY HAVETO 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 insmall claims court, and any claims in respect of which you are entitled to pursue a remedy before acourt 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) towaive 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 withreviewing the Dispute and making a final and binding determination to resolve it instead of having theDispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and HTC agree that any Disputearising 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, classaction, or any other type of representative proceeding. You and HTC agree that there will be no classarbitration or arbitration in which an individual attempt to resolve a Dispute as a representative ofanother individual or group of individuals. Further, you and HTC agree that a Dispute cannot bebrought as a class or other type of representative action, whether within or outside of arbitration, oron 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 inwriting of any arbitrable or small claims Dispute not less than thirty (30) days of the date it arises, sothat 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 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, 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 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 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 or pursue a remedy before a local
court in 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 a consumertransaction, you and HTC agree that any Dispute must be commenced or filed by you or HTC withinone (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 theDispute). You and HTC agree that the arbitration shall be:where the Product was purchased in Australia,according to the Australian Disputes Centre (ADC) Rules for Domestic Arbitration operating at the time
the Dispute is referred to ADC except insofar as those rules would be inconsistent with any part of thisLimited 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
Melbourne and the state courts located in Victoria, Australia, has exclusive jurisdiction over any
appeals and the enforcement of an arbitration award. You may also have the right to litigate a Disputein a small claims court located in your jurisdiction if the Dispute meets the requirements to be heard

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in small claims court, and no attempt is made to exclude any right which you have in relation tocommencing court proceedings locally in respect of a consumer transaction;
Authority of Arbitrator. Subject to any provision to the contrary as set out in the InternationalArbitration Act 1974 (Cth) and uniform State and Territory commercial arbitration acts, the arbitrator
will have the authority to grant any remedy that would otherwise be available in court, provided thatthe 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 nothave the authority to conduct a class arbitration or a representative action, which is prohibited by thisLimited Warranty. Notwithstanding the foregoing, 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 the jurisdiction of the Dispute, 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 Victoria, Australia, rather than an arbitrator.
Rules of DADR bodies. The rules of to the Australian Disputes Centre (ADC) Rules for Domestic
Arbitration is available on their respective websites. By not opting out of this agreement to arbitrateas specified below, you either (a) acknowledge and agree that you have read and understand the theserules, or (b) waive your opportunity to read these rules and any claim that the rules are unfair orshould not apply for any reason.
Applicability of Agreement to Arbitrate. IF THE PROHIBITION ON CLASS ARBITRATIONS SET FORTHABOVE 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 or Accessory that You reject theagreement to arbitrate. You must include in Your notice of opt-out (a) Your name and address; (b) thedate on which You purchased the Product or Accessory; (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 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 out of this agreement toarbitrate. 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 ANYRIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OFOR RELATING TO THIS LIMITED WARRANTY.
(2). Governing Law: Except as preempted by legislation, the law of the State of Victoria Australia,without reference to their respective choice of 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 bring proceedings in your jurisdiction.
(3). Severability: Except as specifically provided above, if any provision of this Limited Warranty isheld to be invalid or unenforceable, such invalidity or unenforceability shall not affect theenforceability of the remainder of the Limited Warranty.

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