End User License Agreement

IMPORTANT-READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal agreement between you and Thomson Inc. (“Thomson”) for the RCA Player, Device application/driver software program and associated documentation, if any (“Program”).

ACKNOWLEDGMENT

BY INSTALLING THE SOFTWARE OR CLICKING ON THE ACCEPTANCE BUTTON OF THE SOFTWARE, COPYING OR OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE REJECTION BUTTON AND/OR DO NOT INSTALL THE SOFTWARE AND/OR DO NOT USE THE PROGRAM.

LICENSE

a)You are granted the license (i) to use the Program on a single workstation and (ii) to make one (1) copy of the Program into any machine-readable form for backup of the Program, provided the copy contains all of the original ProgramÕs proprietary notices.

b)You may transfer the Program and license, only as part of the Player, to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the Program, you must at the same time either transfer all copies to the same party or destroy any copies not transferred.

LICENSE RESTRICTIONS

a)Except for the licenses expressly granted to you in this Agreement, no other licenses are implied.

b)You may not (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Program or (ii) copy the Program, except as expressly permitted herein. You agree that you shall only use the Program in a manner that complies with all applicable laws in the jurisdictions in which you use the Program, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

c)The Program may contain pre-release code that does not perform at the level of a final code release. In this case, the Program may not operate properly. Updated versions of the Program can be downloaded from www.rca.com.

d)Thomson is not obligated to provide support services for the Program.

e)The Program is provided with ÒRESTRICTED RIGHTSÓ. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013, or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as applicable.

TERM AND TERMINATION

a)The license is effective on the date you accept this Agreement, and remains in effect until terminated by either party.

b)You may terminate this license without any notice or delay, by destroying or permanently erase the Program and all copies thereof.

c)If you use, copy, modify, or transfer the Program, or any copy, in whole or part, except as expressly provided for in this license, your license is automatically terminated.

d)When the license is terminated, you must destroy or permanently erase the Program and all copies thereof.

WARRANTY DISCLAIMER

THE PROGRAM IS PROVIDED ÒAS ISÓ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT THOMSON, ITS SUPPLIERS, ITS AFFILIATES OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION.

This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you, and you may have other rights depending on the law that applies to you.

OWNERSHIP RIGHTS

All title and intellectual property rights in and to the Program and any copies thereof are owned by Thomson or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content.

LIMITATION OF LIABILITY

a)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMSON, ITS AFFILIATES, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.