APPENDIX 3: END USER SOFTWARE LICENSE AGREEMENT

IMPORTANT — READ CAREFULLY: By using the software in your SoundBridge, you agree to be bound by the license terms and conditions below. If you do not agree to these terms and conditions, you must immediately return your SoundBridge in its original condition and packaging to the point of purchase for a refund of your purchase price (after inspection).

iTunes Disclaimer

Roku SoundBridge interfaces to iTunes using the Apple DAAP protocol, under license from Apple. This license gives Apple the right to terminate the license for any reason. Roku has no control over this, and is not responsible in the unlikely event Apple does so. In this event, Roku will use commercially reasonable efforts to provide software that installs on your PC via a download that provides similar functionality, but Roku makes no representations or warranties regarding the features available in such a situation.

Roku Software License

Subject to these terms and conditions, ROKU grants you a non-exclusive license, with no right to sublicense, to execute the software included with the SoundBridge or subsequently provided to you by ROKU (together, the “Software”) on your SoundBridge solely for your personal use of the intended features and functions of the SoundBridge. The license may be transferred only with the transfer of the SoundBridge on which ROKU has installed the software; any transferee will be subject to the terms and conditions of this license. This license will terminate automatically, without notice, if you fail to comply with the terms and conditions, including the restrictions, of this license.

ROKU and its licensors own and retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the SoundBridge Software. You acknowledge that the license granted above does not provide you with title to or ownership of the Software, but only a right of limited use under these terms and conditions. The Software embodies ROKU’s trade secrets and other proprietary information and materials. Any attempt to modify, enhance, disassemble, decompile, reverse engineer or otherwise gain access to the source code to the Software, to remove or unbundle the Software from the SoundBridge, or to sublicense or distribute the Software is strictly prohibited, except as may be otherwise agreed by ROKU in writing.

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Section 11: Appendices

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Roku Music Player manual ITunes Disclaimer, Roku Software License