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End User License Agreement

This End User License Agreement (“EULA”) constitutes a valid and binding agreement
between ASUSTeK Computer Inc. (“ASUS“) and You, as a user, for the use of the ASUS
Software (“Software”) defined as set forth below. By installing and continuing to
use the software YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND
AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND ANY NEW VERSIONS HEREOF.

1. SOFTWARE means the ASUS Software provided in or with the applicable ASUS
product including but not limited to any future programming fixes, updates,
upgrades and modified versions.

The Software may be accompanied by other ASUS- or third party created software that
is licensed under one or more of the Free Open Source Software licenses as listed
under www.opensource.org/licenses. Such Free Open Source Software is provided to
you solely under the terms of the respective license agreement or copyright notice
accompanying it or in the FOSS licenses file accompanying the Software. The terms
of this EULA do NOT apply to such Free Open Source Software.

2. LICENSE Subject to the terms of this EULA, ASUS hereby grants You a limited,
personal, non-commercial, non-exclusive license to use the Software solely as
embedded in the ASUS products. You may make one copy of the Software in machine-
readable form for backup purposes only; provided that the backup copy must include
all copyright or other proprietary notices contained on the original. This license
shall not be sublicensed, and is not transferable except to a person or entity to
whom you transfer ownership of the complete ASUS products containing the Software,
provided you permanently transfer all rights under this EULA and do not retain any
full or partial copies of the Software, and the recipient agrees to the terms of
this EULA.

3. REVERSE RESTRICTION You shall not reverse engineer, decompile decrypt or


disassemble the Software or permit or induce the foregoing except to the extent
directly applicable law prohibits enforcement of the foregoing.

4. CONFIDENTIAL ITY You shall have a duty to protect and not to disclose or
cause to be disclosed in whole or in part of confidential information of the
Software including but not limited to trade secrets, copyrighted material in any
form to any third party.

5. Intellectual Property RIGHTS (“IP Rights”) You acknowledge and agree that all
IP Rights, title, and interest to or arising from the Software are and shall remain
the exclusive property of ASUS or its licensor. Nothing in this EULA intends to
transfer any such IP Rights to You. Any unauthorized use of the IP Rights is a
violation of this EULA as well as a violation of intellectual property laws,
including but not limited to copyright laws and trademark laws.
By sending any information, material, ideas, concepts or techniques except for
personal information to ASUS through the Software (“Feedbacks”), You acknowledge
and agree that: (i) Your Feedbacks shall not contain confidential or proprietary
information; (ii) ASUS is under no obligation of any kind of confidentiality,
express or implied, regarding the Feedbacks; (iii)ASUS shall be entitled to use or
disclose, at ASUS’s sole discretion, the Feedbacks for any purpose, in any way,
worldwide; (iv) Your Feedbacks shall become the property of ASUS without any
obligation of ASUS to You; and (v) You are not entitled to any compensation or
reimbursement of any kind from.

6. TERM AND TERMINATION This EULA will be effective as of the date You install
the Software. You may terminate this License at any time by ceasing all use of the
Software and removing the Software from ASUS product. Your right will terminate
without prior notice from ASUS if we think You fail to comply with any provision of
this EULA.

7. Warranty Disclaimer and Limitation of Liability YOU ACKNOWLEDGE THAT THE


SOFTWARE IS PROVIDED “AS IS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THIS SOFTWARE IS WITH YOU, INCLUDING BUT NOT LIMITED TO RELATED COST OF ALL
NECESSARY SERVICING AND REPAIR. TO THE EXTENT PERMITTED BY LAW, ASUS MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE OR ANY OTHER
INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS EULA OR FOR THIS SOFTWARE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR
OUT OF COURSE OF PERFORMANCE. ASUS ALSO MAKES NO WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THIS SOFTWARE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THIS SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF
LIABILITY MAY NOT APPLY TO YOU.

THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THIS SOFTWARE REMAINS
WITH YOU. IN NO EVENT SHALL ASUS, ITS LICENSORS OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR
RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY PART
THEREOF, EVEN IF ASUS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

8. Indemnity YOU agree to defend, indemnify and hold harmless ASUS and its
affiliates, service providers, syndicators, distributors, licensors, officers,
directors and employees, from and against any and all losses, damages, liabilities,
and expenses arising out of any claim or demand (including reasonable attorneys'
fees and court costs), due to or in connection with YOUR violation of this EULA or
any applicable law or regulation, or third-party right.

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