This End User License Agreement ("Agreement") is a legal contract between you, either as an individual or a single entity ("you"), and Western Digital Technologies, Inc. ("WDT"), governing your use of the software included in this WD TV ® product ("Product") and related online or electronic documentation (such software and the documentation are collectively referred to herein as the "Software").

YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY USING THE SOFTWARE (OR THE PRODUCT IN WHICH IT IS EMBEDDED). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE (OR THE PRODUCT IN WHICH IT IS EMBEDDED). This Agreement may be amended from time to time by notices posted on WDT’s website (www.wdc.com/company/legal/ ) and you agree that by such notices you are given the opportunity to review any amendments to this Agreement and you agree to be bound to any changes to this Agreement if you continue to use the Software after such modification is posted.

1. LICENSE GRANT
The Software is licensed to you and not sold. Subject to the terms of this Agreement, WDT hereby grants you a personal, non-exclusive, non-transferable (subject to Section 14) and non-sublicensable license to use the Software for your personal or internal and non-commercial purposes solely in connection with your use of the Product.

2. RESERVATION OF RIGHTS
You acknowledge that the Software is protected by copyrights and other intellectual property and proprietary rights. WDT and its third-party licensors (“Licensors”) reserve all such rights with respect to the Software, except for the license expressly granted to you in Section 1. Except for such express license, no right, title, interest or license in or to the Software, whether by implication, estoppel or otherwise, is granted, assigned or transferred to you. You agree not to take any action that interferes, in any manner, with WDT or its Licensors’ rights with respect to the Software.

You also acknowledge that all third-party content accessed through the Software ("Third-Party Content") is the property of the applicable Third-Party Content owners and may be protected by applicable copyright and other intellectual property rights. Neither this Agreement nor your use of the Software to access Third-Party Content gives you any rights to such Third-Party Content. You may not use any Third-Party Content in any manner that has not been authorized by the applicable service provider (“Service Provider”) or content owner. It is your responsibility to ensure that your use of the Software to access, reproduce, display or otherwise use Third-Party Content does not infringe any third-party intellectual property rights. You acknowledge that you may be required to enter into a separate agreement with a Service Provider or content owner, or comply with a Service Provider’s terms or conditions of use in order to access or have the right to access certain Third-Party Content.

3. RESTRICTIONS
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the Software; (b) modify, adapt, translate or create any derivative works of the Software or attempt to do the foregoing; (c) attempt to circumvent or disable the Software or any technology, features or measures in the Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the Software to any third-party (except as permitted under Section 14); (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or used in connection with the Software; or (g) run or attempt to run the Software on another device.

4. UPDATES; NON-PERSONALLY IDENTIFIABLE INFORMATION
You acknowledge that WDT has no obligation to provide you with any Updates (as defined below) to the Software. However, WDT may, from time to time, issue updated versions of the Software, and the Software may automatically connect to WDT or third-party servers via the Internet to check for available updates to the Software, such as bug fixes, error corrections, patches, upgrades, enhanced functions, plug-ins and new versions (collectively, “Updates”) and may either (1) automatically electronically update the version of the Software that you are using with the Product or (2) give you the option of downloading it. You consent to any such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such Updates.

5. REGISTRATION INFORMATION
As part of any product registration process, WDT may request registration-related information, including your name and e-mail address. By providing this information, you consent to its collection and use by WDT to provide non-promotional communications regarding the Product, including notices of availability of any free Updates, notices of Product recalls or notices regarding safety concerns. You will also have the opportunity to opt-in to receive promotional e-mails and materials from WDT and its business partners. By choosing the opt-in option, you give your consent to receive such promotional materials from WDT and its business partners until you exercise your option to unsubscribe from such communications. WDT will not, at any time, share your registration information with third-parties unless (a) specifically authorized by you, (b) as required by law or court order, (c) to third-parties providing related services for WDT under appropriate obligations of confidentiality, (d) in connection with a legal process or (e) to an acquirer of all or substantially all of the stock or assets of WDT or of the WDT division to which this Agreement relates.

6. DISCLAIMER OF WARRANTY
THE SOFTWARE AND ALL THIRD-PARTY CONTENT AND SERVICES WHICH MAY BE ACCESSIBLE VIA THE SOFTWARE OR THE PRODUCT IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WDT AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WDT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY SOFTWARE, THIRD-PARTY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR TV, SYSTEM OR NETWORK, INCLUDING ANY LOSS OR CORRUPTION OF DATA.

7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WDT OR ITS SERVICE PROVIDERS AND LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER SYSTEM FAILURE, MALFUNCTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF, INABILITY TO USE, ACCURACY OF, COMPLETENESS OF OR TIMELINESS OF THE SOFTWARE OR ANY THIRD-PARTY CONTENT OR SERVICES, EVEN IF WDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WDT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN CONNECTION WITH THE SOFTWARE OR THIRD-PARTY CONTENT OR SERVICES EXCEED $25. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

WDT IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR SYSTEMS, OR DELAYS, INACCURACES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD-PARTY CONTENT OR SERVICES. THE SOFTWARE AND THE PRODUCT IS NOT INTENDED FOR USE IN ANY APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE OR THIRD-PARTY CONTENT OR SERVICES COULD LEAD TO DEATH, PERSONALY INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

8. THIRD-PARTY SERVICE PROVIDERS; THIRD-PARTY CONTENT
WDT makes no representation or warranty that you will be able to access or use any Third-Party Content or related services from any particular Service Provider via the Software or Product, and you agree that WDT is under no obligation to enable (or maintain) the Software or Product for use with any particular Third-Party Content or related services from any specific Service Provider. WDT and its Service Providers reserve the right to alter, change, limit, remove, suspend, disable access to, or terminate access to any Third-Party Content or related services via the Software and Product at any time without notice. WDT may add or remove Service Providers at any time, in its sole discretion. In no event will WDT be liable for any such acts of WDT or any Service Provider.

You acknowledge that your ability to access or use certain Third-Party Content through the Software and Product may require that you have access to the Internet and/or enter into an agreement with the applicable Service Provider, which agreement may require you to pay fees to the Service Provider for certain Third-Party Content and related services.

You may only use the Product to access and display Third-Party Content which you are authorized to access and display, in compliance with all terms and conditions of the applicable Service Provider agreement, and/or terms and conditions of use, governing your access and use of the Third-Party Content and related services. WDT does not warrant or endorse any Third-Party Content or related services, and WDT will have no liability whatsoever with respect to your use or inability to use any Third-Party Content or related services in connection with your use of the Software or Product.
By using the Software to access Third-Party Content, you may encounter content that is offensive, indecent or objectionable, or which contains explicit language or images. Because WDT has no control over Third-Party Content, you agree to use the Third Party Content at your sole risk and discretion. You agree that you will not use Third-Party Content accessed via the Software in such a manner as to violate the rights of any other party. WDT respects the rights of copyright holders to control the uses of their intellectual property.
WDT and its Service Providers reserve the right to display advertising and promotional messages through the Software, whether embedded in Third-Party Content, user interfaces, or otherwise.

9. ADVERTISING AND PROMOTIONAL MESSAGES
WDT and its Service Providers reserve the right to display advertising and promotional messages through the Software, whether embedded in Third-Party Content, user interfaces, or otherwise.

10. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227- 7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Western Digital Technologies, Inc., 20511 Lake Forest Blvd., Lake Forest, CA 92630.

WDT makes no representation that the Software is appropriate for use in your country of use. You acknowledge that none of the Software or underlying information or technology may be exported or re-exported into (or to a national or resident of) any countries subject to U.S. trade embargo, currently the countries on the U.S. trade embargo list are Iran, Cuba, Syria, North Korea, and Sudan; or anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using the Software, you are agreeing to the foregoing, and are representing and warranting that you are not located in or under the control of a national or resident of any such country or on any such list.

12. INDEMNITY
You hereby agree to indemnify, defend and hold WDT and its Licensors harmless from and against any and all liabilities, damages, claims, fines and expenses (including reasonable attorneys’ fees and costs) arising out of any breach of this Agreement by you, including, but not limited to, your unauthorized use of Third-Party Content.

You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or the Software. Notwithstanding the foregoing, you may permanently transfer all your rights under this Agreement to a buyer of the Product in which this Software is embedded, provided such buyer agrees to assume all of your obligations under this Agreement. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.

15. OPEN SOURCE SOFTWARE
The Software licensed hereunder may include third-party software, including “Open Source” software (computer software that is distributed under a licensing arrangement, which provides that the computer code can be shared, viewed, and modified by the public). the Restrictions of Section 3 of this Agreement do not apply to any such Open Source software. Any Open Source Software is instead distributed under its respective license(s).

16. AVC NOTICE
To the extent the Product contains encoding and/or decoding functionality, THE PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, LLC. SEE   HTTP://WWW.MPEGLA.COM

17. MPEG-4 NOTICE
To the extent the Product contains encoding and/or decoding functionality, THE PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (I) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD (“MPEG-4 VIDEO”) AND/OR (II) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BBE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE   HTTP://WWW.MPEGLA.COM

18. MPEG-2 NOTICE
To the extent the Product contains encoding functionality, ANY USE OF THE PRODUCT IN ANY MANNER OTHER THAN PERSONAL USE THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, LLC, 6312 S. Fiddles Green Circle, Suite 400E, Greenwood Village, Colorado 80111 USA.

19. VC-1 NOTICE
To the extent the Product contains encoding and/or decoding functionality, THE PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD ("VC-1 VIDEO") AND/OR (II) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, LLC. SEE  HTTP://WWW.MPEGLA.COM

20. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written understandings. This Agreement will be governed by the laws of the State of California, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Neither party will be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.