END User License Agreement

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IMPORTANT: READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you, the End User (“End User” or “You”), and Bose Corporation (“Bose”) governing your use of the technology and software and data and data content belonging to Bose, its vendors and licensors (“Technology”), that is contained in this audio/video device (“System”). By tearing open the protective wrapping on this System, you are agreeing to be bound by the terms of this EULA. In the event you disagree with any of the terms contained herein, DO NOT UNWRAP THIS SYSTEM. Return the sealed System to Bose Corporation for a full refund.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Technology contained within this System. The Technology is being licensed, not sold. This EULA grants you the right to use the Technology only on this Bose® System. You may NOT transfer, lend, distribute, prepare derivative works, reverse engineer, de-compile, or disassemble the Technology, except and only to the extent that applicable law expressly permits such activity. You agree that you will use the Technology and the System solely for your own personal non-commercial use.

The Technology contains software that allows You to obtain vendor-supplied music-related information, including name, artist, track, and title information (“Data”). You may use Data only by means of the intended End User functions of the Technology. You agree not to assign, copy, transfer or transmit such Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT DATA EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Technology will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Technology or Data. Bose, its vendors and licensors reserve all rights in the Technology, including all ownership rights. You agree that the vendors and licensors of Bose may enforce their rights under this Agreement directly in their own name.

Bose warrants this System in accordance with the provisions of the warranty card delivered with this System. EXCEPT AS EXPRESSLY SET FORTH THEREIN, BOSE, ITS VENDORS, AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, IN CONNECTION WITH THE TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BOSE, ITS VENDORS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE TECHNOLOGY. IN NO EVENT SHALL BOSE BE LIABLE FOR ANY DAMAGES.

None of the Technology shall be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder shall be void. This Agreement shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BOSE AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.