TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT

PLEASE READ THIS TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT ("AGREEMENT") CAREFULLY BEFORE USING YOUR VERISMO PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, “VERISMO PRODUCT” IS THE VN 1000SD OR VN 1000HD POD AND THE “ACCESSORIES” ARE THE CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT CAME WITH THE VERISMO PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND VERISMO NETWORKS, INC. (“VERISMO”) GOVERNING YOUR USE OF THE VERISMO PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED VERSIMO SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE VERISMO PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR VERISMO PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE VERISMO PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE VERISMO PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE VERISMO PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED VERISMO PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 30 DAYS AFTER PURCHASE FROM VERISMO FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.

License

(a) Subject to the terms of this Agreement, Verismo grants you a nonexclusive, nontransferable right to use the Software solely on a single Verismo Product on which it was originally installed. (b) General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. Verismo retains ownership of all copies of the Software, and Verismo reserves all rights not expressly granted to you. The rights granted herein are limited to Verismo's intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of Verismo and its licensors.

Open Source Software

Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by Verismo on its web site. Verismo is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Verismo Software or its use on Verismo Products. Consent to Use of Data

You agree that Verismo and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. Verismo shall use customer information in accordance with its Privacy Policy, which can be found at http://www.vunow.com/privacy and which may be modified by Verismo at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of Verismo's Privacy Policy.

VuNow Service Terms of Use

The Software may enable access to Verismo's VuNow Service. By using this Software in connection with the VuNow Service, you agree to and must comply with the latest terms of use for the VuNow Service.

Refund Policy

If you are the original purchaser of the Verismo Product and you are not satisfied with the Verismo Product, you may call at Versimo at (888) 264-3985 for a Return Material Authorization (RMA) request. If Verismo Customer Support then confirms that the Verismo Product is returnable and provides you with an RMA number, you may send the Verismo Product back to Verismo’s designated location, with shipping prepaid by you, undamaged and in the original unopened packaging, including all Accessories, manuals, documentation and registration that shipped with the Verismo Product, within thirty (30) days of purchase, and you may receive a refund of your product purchase price including any sales tax and excluding any costs of shipment and handling. However, if you fail to return the Verismo Product within such 30-day period, you are not eligible for a refund. Verismo will assess a 10% restocking fee on any opened packaging.

Warranty Statement

Limited Warranty. Verismo warrants to you that, for a period of 90-days from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your Verismo Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and Verismo's entire liability under this warranty will be for Verismo at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.

Warranty Service. If a defect arises during the Warranty Period, contact Verismo Support as set forth on www.vunow.com in order to obtain a Return Material Authorization (RMA) number, if applicable. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING. RETURN REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE. If you are requested to return the Product, mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase. You are responsible for shipping defective product to Verismo. Verismo pays for shipping from Verismo back to you only. Customers located outside of the United States of America and Canada are responsible for all shipping and handling charges.

Limitation on Warranty. This warranty does not apply: (a) to damage caused by use with non-Verismo products; (b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Verismo; (d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Verismo; (e) to a product or part that has been modified, except by Verismo; (f) to consumable parts, such as batteries; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use; (h) if any Verismo serial number has been removed or defaced; or (i) if the warranty sticker has been removed or altered.

Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY VERISMO, ITS SUPPLIERS AND LICENSORS. VERISMO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL VERISMO, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VERISMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of Verismo, its suppliers and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Export Restrictions

The Software and technology in the Verismo Products (hereafter referred to as “Software and Technology”) are subject to export controls under the laws and regulations of the United States (U.S.). You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. Verismo and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Government End Users

The Software and related documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.

Microsoft technology

Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The Verismo Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this Verismo Product is prohibited without a license from Microsoft.

MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice

To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Verismo. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.