License Dvx

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DIVX, LLC (“Licensor”) LICENSE THE FOLLOWING TERMS AND CONDITIONS (THE “EULA”) SET FORTH THE RIGHTS BEING LICENSED TO YOU (THE “CUSTOMER”) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS YOU HAVE TO THE SOFTWARE, SO IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE SOFTWARE. ASSENT: By clicking “I Agree” below, or by opening the le package containing the Software, you agree (i) that this EULA is a legally binding and valid contract, (ii) agree to abide by all of the terms and conditions of this EULA, and (iii) agree to t ake all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under your control or in your service. GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, non- assignable license solely to use a single copy of the Software on a single computer or device for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying s uch Third-Party Software. “Software” means computer software or de vice rmware, together with any related documentation (including design, systems and user documentation) and other materials for use in conne ction with such software distributed pursuant to this EULA. “Third-Party Software” means Software created and licensed to you by a company other than DivX, LLC, which may be distributed and/or installed along with the So ftware distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights ( as dened below) of Licensor. RESTRICTIONS: (a) You are prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof. (b) You may take a s ingle copy of materials within the packag e or otherwise related to the Software only as required for backup purposes. (c) You are prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source co de of the Software. You may not otherwise modify, alter, adapt, port, or merge the Software. (d) You may not remove, alter, deface, overprint or otherwise obscure Licens or patent, trademark, service mark or copyright notices. (e) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help les, examples, and benchmarks. PREMIUM CONTENT: If your use of the Software includes viewing premium content, the following terms explain and govern your rights: (a) Purchased Conten t. If you have purchased premium content in the DivX format, it will play through the Software or on any DivX Certi ed electronic device, so long as the le format for the content is supported by that particular device (i.e., premium content in the DivX Plus MKV le format will only play on a DivX Plus Certied Device because the MKV le c ontainer is not supported by other DivX Certied Devices ). You may watc h the content an unlimited number of times. (b) Rented Content. There are two mode ls by which you may rent premium c ontent in the DivX format: time- based for Software playback or number-of-views-based for playback on DivX Certied devices. For content which is time-based rental for PC playback, you may play your rental content an unlimited number of times during the rental period. The rental period is set by the merchant, not Licensor. The viewing p eriod begins as soon as the user begins dow nload of the content. Some (but not all) rental content will play on DivX Certied devices. For content which is licensed for de vice playback, you may start playback of their video a dened number of times (set by the merchant, not Licensor) for each device registered to the user s account. Stopping and restarting the video will count as a new play. The play count is independent for each registered device. Additionally, you can only have 8 simultaneous titles for device playback. If you license a 9th rental to your account, one of your other eight rentals will be deleted. (c) Service Availability. Licensor does not guarantee the availability of the Software for premium content playback. From time to time, Licensor may go ofine for maintenan ce or other issues. During this time, you

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DIVX, LLC (“Licensor”) LICENSE

THE FOLLOWING TERMS AND CONDITIONS (THE “EULA”) SET FORTH THE RIGHTS BEING LICENSED TOYOU (THE “CUSTOMER”) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS YOUHAVE TO THE SOFTWARE, SO IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA,DO NOT USE THE SOFTWARE.

ASSENT: By clicking “I Agree” below, or by opening the file package containing the Software, you agree (i) that

this EULA is a legally binding and valid contract, (ii) agree to abide by all of the terms and conditions of thisEULA, and (iii) agree to take all necessary steps to ensure that the terms and conditions of this EULA are notviolated by any person or entity under your control or in your service.

GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use a single copy of the Software on a single computer or device for use by asingle concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA.The Third-Party Software distributed along with the Software is distributed pursuant to the respective licensegrants accompanying such Third-Party Software. “Software” means computer software or device firmware,together with any related documentation (including design, systems and user documentation) and othermaterials for use in connection with such software distributed pursuant to this EULA. “Third-Party Software”means Software created and licensed to you by a company other than DivX, LLC, which may be distributedand/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited

use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (asdefined below) of Licensor.

RESTRICTIONS:

(a) You are prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, ortransferring in any matter, the Software or any portion thereof.

(b) You may take a single copy of materials within the package or otherwise related to the Software only asrequired for backup purposes.

(c) You are prohibited from reverse engineering, decompiling, translating, disassembling, deciphering,decrypting, or otherwise attempting to discover the source code of the Software. You may not otherwise modify,alter, adapt, port, or merge the Software.

(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service markor copyright notices.

(e) You may not publish or distribute in any form of electronic or printed communication the materials within orotherwise related to the Software, including but not limited to the object code, documentation, help files,examples, and benchmarks.

PREMIUM CONTENT: If your use of the Software includes viewing premium content, the following termsexplain and govern your rights:

(a) Purchased Content. If you have purchased premium content in the DivX format, it will play through theSoftware or on any DivX Certified electronic device, so long as the file format for the content is supported by that

particular device (i.e., premium content in the DivX Plus MKV file format will only play on a DivX Plus CertifiedDevice because the MKV file container is not supported by other DivX Certified Devices). You may watch thecontent an unlimited number of times.

(b) Rented Content. There are two models by which you may rent premium content in the DivX format: time-based for Software playback or number-of-views-based for playback on DivX Certified devices. For contentwhich is time-based rental for PC playback, you may play your rental content an unlimited number of timesduring the rental period. The rental period is set by the merchant, not Licensor. The viewing period begins assoon as the user begins download of the content. Some (but not all) rental content will play on DivX Certifieddevices. For content which is licensed for device playback, you may start playback of their video a definednumber of times (set by the merchant, not Licensor) for each device registered to the userʼs account. Stoppingand restarting the video will count as a new play. The play count is independent for each registered device.Additionally, you can only have 8 simultaneous titles for device playback. If you license a 9th rental to your

account, one of your other eight rentals will be deleted.

(c) Service Availability. Licensor does not guarantee the availability of the Software for premium contentplayback. From time to time, Licensor may go offline for maintenance or other issues. During this time, you

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may be unable to license new content, watch previously licensed content, and/or register or manager deviceregistration. We apologize for this inconvenience and will try to minimize disruptions.

(d) Playback. You must have an internet connection to be able to playback content using the Software. Somepremium content licensed in high definition (HD) may only playback in standard definition (SD) using theSoftware on a PC, even if it plays in HD on your DivX Certified devices

(e) Device registration. You must have an internet connection to be able to register new devices to your

account.

(f) End of Life. Licensor reserves the right to discontinue older versions of the Software, and this may affectyour ability to playback content you previously purchased using the Software. For example (and withoutlimiting Licensorʼs right to end-of-life any of its Software) once an operating system is no longer supported by itsmanufacturer, Licensor may cease updating and supporting the Software which is designed for that operatingsystem; in this event, you may not be able to view premium content using the Software due to the outdateddigital rights management system in that version of the Software, even though the Software will still work formost other content.

(g) Revoked Licenses. Licensor may revoke or suspend your license to the Software, your account, and/oraccess to specific content if you attempt, or assist others in attempting, to circumvent the security features withinand for the content.

NO COMMERCIAL USE: This EULA grants you the right to use the Software for personal use only. Commercialuse of the Software or of the work products resulting from its use is not permitted under this EULA. If yourequire a commercial license, please contact [email protected].

NO TRANSCODING: You are prohibited from using the Software with software or hardware products whosepurpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format.

COMPLIANCE WITH LAWS: You agree that in obtaining, installing, distributing, running, or otherwise makinguse of the Software, you will abide by all applicable laws, including without limitation intellectual property lawsand export control laws.

OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own all rights that may existfrom time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law,publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similarprotections, regardless of whether or not such rights or protections are registered or perfected (the "IntellectualProperty Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWAREARE AND SHALL REMAIN IN LICENSOR OR ITS SUPPLIERS.

TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluationprior to purchase. Trial periods may begin either upon installation, upon first use of a component, or as the userelects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software maycease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed byLicensor, indicated during installation, specified in the Software documentation, or displayed on the SoftwareGUI.

PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration

technology. Unregistered Software may be non-functional or subject to trials. During registration, a serialnumber will be issued to you by Licensor or its affiliates for one or more components. Upon entering a validserial number for a component (“registering” the component), the registered component will be released of itstrial and/or non-functional limitations. You agree not to disclose any serial number issued to you to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates.

PRIVACY POLICY: During the installation process and through use of the software covered hereunder, wemay collect non-personally identifiable information, as well as personally-identifiable information, all as set forthin our Privacy Policy, available at http://www.divx.com/en/privacy-policy; please read it. By using or installingthe Software, you agree to the terms and conditions of the Privacy Policy.

NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUALSTANDARD, THE AVC STANDARD, OR THE MPEG-2 STANDARD IS PROHIBITED, EXCEPT FOR USE BY A

CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES. The Software contains MP3audio coding technology and mp3 Surround audio coding technology (the “MP3 Technology”) subject topatents licensed from Fraunhofer IIS (“Fraunhofer”), Agere, and/or Thomson Licensing S.A. (“TLS”).

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THIRD PARTY OFFERS: During the installation process you may be offered software components on behalf ofLicensor's partners or affiliates. Such offers are optional and do not affect your use of the Software or youreligibility for trials and product registration. Installation and use of affiliate software is subject to the terms of use,end user license agreement and/or privacy policy set by the third party for their products. In addition, you agreenot to: (a) tamper or modify the installation screen displays or display flows for such affiliate products; and (b)distribute the Software or affiliate software with any adware, third party peer-to-peer software, spyware,malware or other malicious programs or code.

TERM: This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling theSoftware. Upon any termination, you agree to uninstall the Software and return or destroy all copies of theSoftware, any accompanying documentation, and all other associated materials. Licensor may update thisEULA from time to time, in its sole discretion, by adding or removing terms. Licensor will promptly make suchrevised EULA available to you. Such updates shall be binding upon you by your continued use of the Software.

GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of theUnited States, excluding their conflicts of law principles. The United Nations Convention on Contracts for theInternational Sale of Goods (1980) is hereby excluded in its entirety from application to this License.

WARRANTIES AND DISCLAIMER:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS".

THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTYOF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES ORLIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS ABOVE MAY NOTAPPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TOTHIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES,REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCHWARRANTY, GUARANTEE, REPRESENTATION AND/OR CONDITION IS: (1) HEREBY LIMITED TO THEPERIOD OF EITHER (A) THIRTY (30) DAYS FROM DOWNLOADING THE SOFTWARE OR (B) THESHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAYLIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORʼS SOLE LIABILITY FOR ANY BREACH OFANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDEYOU WITH A NEW COPY OF THE SOFTWARE.

IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYSPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGESWHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA ORPROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THESOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANYLIMITED REMEDY.

SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the

validity, legality and enforceability of any of the remaining provisions shall not in any way be affected orimpaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substitutedtherefore.

ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between you andLicensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may beamended only in a writing signed by both parties.

DivX, LLC4780 Eastgate MallSan Diego, California 92121

November 16, 2010