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SUN GLOBAL MEDIA INC. SUN TV (“SUN TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR SUN TV. BY USING YOUR SUN TV, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE SUN TV IN ACCORDANCE WITH SUN GLOBAL MEDIA'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SUN TV. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE SUN TV WITHIN THE RETURN PERIOD TO THE SUN GLOBAL MEDIA STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO SUN GLOBAL MEDIA'S RETURN POLICY FOUND AT http://www.suntv.tv/legal/sales_policies/.

1. General

(a) The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your SUN TV, whether on disk, in read only memory, on any other media or in any other form (collectively the "SUN GLOBAL MEDIA Software") are licensed, not sold, to you by SUN GLOBAL MEDIA INC. ("SUN GLOBAL MEDIA") for use only under the terms of this License. SUN GLOBAL MEDIA and/or SUN GLOBAL MEDIA's licensor(s) retain ownership of the SUN GLOBAL MEDIA Software itself and reserve all rights not expressly granted to you.

(b) SUN GLOBAL MEDIA, at its discretion, may make available future updates to the SUN GLOBAL MEDIA Software for your SUN TV. The SUN GLOBAL MEDIA Software updates, if any, may not necessarily include all existing software features or new features that SUN GLOBAL MEDIA releases for newer or other models of SUN TV. The terms of this License will govern any software upgrades provided by SUN GLOBAL MEDIA that replace and/or supplement the original SUN GLOBAL MEDIA Software on your SUN TV, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions

(a) Subject to the terms and conditions of this License, you are granted a limited non- exclusive license to use the SUN GLOBAL MEDIA Software on a single SUN GLOBAL MEDIA-branded SUN TV. You agree not to install, use or run the SUN GLOBAL MEDIA Software on any non-SUN GLOBAL MEDIA-branded device, or to enable others to do so. This License does not allow the SUN GLOBAL MEDIA Software to exist on more than one device at a time, and you may not make the SUN GLOBAL MEDIA Software available over a network where it could be used by multiple devices or multiple computers at the same time. This License does not grant you any rights to use SUN GLOBAL MEDIA proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the SUN TV.

(b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the SUN GLOBAL MEDIA Software or any services provided by the SUN GLOBAL MEDIA Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the SUN GLOBAL MEDIA Software). Any attempt to do so is a violation of the rights of SUN GLOBAL MEDIA and its licensors of the SUN GLOBAL MEDIA Software.

(c) The SUN GLOBAL MEDIA Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the SUN GLOBAL MEDIA Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

(d) You agree to use the SUN GLOBAL MEDIA Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the SUN GLOBAL MEDIA Software and Services.

3. Transfer You may not rent, lease, lend, sell, redistribute or sublicense the SUN GLOBAL MEDIA Software. You may, however, make a one-time permanent transfer of all of your license rights to the SUN GLOBAL MEDIA Software to another party in connection with the transfer of ownership of your SUN TV, provided that:

(a) the transfer must include your SUN TV and all of the SUN GLOBAL MEDIA Software, including all its component parts, original media, printed materials and this License;

(b) you do not retain any copies of the SUN GLOBAL MEDIA Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the SUN GLOBAL MEDIA Software reads and agrees to accept the terms and conditions of this License. All components of the SUN GLOBAL MEDIA Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. SUN GLOBAL MEDIA Software provided with a particular SUN GLOBAL MEDIA- branded hardware product may not run on other models of SUN GLOBAL MEDIA-branded hardware.

4. Consent to Use of Data

(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that SUN GLOBAL MEDIA and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to technical information about your SUN TV, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SUN GLOBAL MEDIA Software, and to verify compliance with the terms of this License. SUN GLOBAL MEDIA may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve SUN GLOBAL MEDIA’s products and services. To enable SUN GLOBAL MEDIA’s partners and third party developers to improve their software, hardware and services designed for use with SUN GLOBAL MEDIA products, SUN GLOBAL MEDIA may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

(b) Location Data. SUN GLOBAL MEDIA and its partners and licensees may provide certain services through your SUN TV that rely upon location information. To provide and improve these services, where available, SUN GLOBAL MEDIA and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your SUN TV, and location search queries. The location data and queries collected by SUN GLOBAL MEDIA are collected in a form that does not personally identify you and may be used by SUN GLOBAL MEDIA and its partners and licensees to provide and improve location-based products and services. By using any location-based services on your SUN TV, you agree and consent to SUN GLOBAL MEDIA's and its partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by disabling the location-based features in the SUN TV. Not using these location features will not impact the non location-based functionality of your SUN TV. When using third party applications or services on the SUN TV that use or provide location data, you are subject to and should review such third party's terms and privacy policy on use of location data by such third party applications or services.

(c) At all times your information will be treated in accordance with SUN GLOBAL MEDIA’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: www.suntv.tv/legal/privacy/.

5. Services and Third Party Materials

(a) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that SUN GLOBAL MEDIA shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(b) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that SUN GLOBAL MEDIA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SUN GLOBAL MEDIA, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

(c) You agree that the Services contain proprietary content, information and material that is owned by SUN GLOBAL MEDIA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or SUN GLOBAL MEDIA. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SUN GLOBAL MEDIA is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(d) In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the SUN GLOBAL MEDIA Software are not available in all languages or in all countries. SUN GLOBAL MEDIA makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SUN GLOBAL MEDIA and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SUN GLOBAL MEDIA be liable for the removal of or disabling of access to any such Services. SUN GLOBAL MEDIA may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

6. Termination This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from SUN GLOBAL MEDIA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SUN GLOBAL MEDIA Software. Sections 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.

7. Disclaimer of Warranties

7.1 If you are a customer who is a consumer (someone who uses the SUN GLOBAL MEDIA Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES PERFORMED BY THE SUN GLOBAL MEDIA SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SUN GLOBAL MEDIA AND SUN GLOBAL MEDIA'S LICENSORS (COLLECTIVELY REFERRED TO AS "SUN GLOBAL MEDIA" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 SUN GLOBAL MEDIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SUN GLOBAL MEDIA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SUN GLOBAL MEDIA SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN GLOBAL MEDIA OR AN SUN GLOBAL MEDIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SUN GLOBAL MEDIA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SUN GLOBAL MEDIA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SUN GLOBAL MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SUN GLOBAL MEDIA's total liability 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.

9. Export Control You may not use or otherwise export or re-export the SUN GLOBAL MEDIA Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SUN GLOBAL MEDIA Software was obtained. In particular, but without limitation, the SUN GLOBAL MEDIA Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SUN GLOBAL MEDIA Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SUN GLOBAL MEDIA Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 10. Government End Users The SUN GLOBAL MEDIA Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48

C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished- rights reserved under the copyright laws of the United States.

Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Complete Agreement; Governing Language This License constitutes the entire agreement between you and SUN GLOBAL MEDIA relating to the SUN GLOBAL MEDIA Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SUN GLOBAL MEDIA. Any translation of this License 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 License shall govern, to the extent not prohibited by local law in your jurisdiction.

Third Party Acknowledgements

A. Portions of the SUN GLOBAL MEDIA Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the SUN GLOBAL MEDIA Software, and your use of such material is governed by their respective terms.

B. Use of MPEG-4. This 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 by MPEG LA to provide MPEG-4 video. No license is granted or shall be 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.

C. H.264/AVC Notice. To the extent that the SUN GLOBAL MEDIA Software contains AVC encoding and/or decoding functionality, commercial use of H.264/ AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE SUN GLOBAL MEDIA SOFTWARE IS

LICENSED HEREIN ONLY 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 NONCOMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

NOTICES FROM SUN GLOBAL MEDIA

If SUN GLOBAL MEDIA needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

EA0101 Rev. 11/6/12

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SUN GLOBAL MEDIA INC. SUN TV (“SUN TV”) SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING YOUR SUN TV. BY USING YOUR SUN TV, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, UNLESS YOU RETURN THE SUN TV IN ACCORDANCE WITH SUN GLOBAL MEDIA'S RETURN POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SUN TV. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE SUN TV WITHIN THE RETURN PERIOD TO THE SUN GLOBAL MEDIA STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO SUN GLOBAL MEDIA'S RETURN POLICY FOUND AT http://www.suntv.tv/legal/sales_policies/.

1. General

(a) The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your SUN TV, whether on disk, in read only memory, on any other media or in any other form (collectively the "SUN GLOBAL MEDIA Software") are licensed, not sold, to you by SUN GLOBAL MEDIA INC. ("SUN GLOBAL MEDIA") for use only under the terms of this License. SUN GLOBAL MEDIA and/or SUN GLOBAL MEDIA's licensor(s) retain ownership of the SUN GLOBAL MEDIA Software itself and reserve all rights not expressly granted to you.

(b) SUN GLOBAL MEDIA, at its discretion, may make available future updates to the SUN GLOBAL MEDIA Software for your SUN TV. The SUN GLOBAL MEDIA Software updates, if any, may not necessarily include all existing software features or new features that SUN GLOBAL MEDIA releases for newer or other models of SUN TV. The terms of this License will govern any software upgrades provided by SUN GLOBAL MEDIA that replace and/or supplement the original SUN GLOBAL MEDIA Software on your SUN TV, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions

(a) Subject to the terms and conditions of this License, you are granted a limited non- exclusive license to use the SUN GLOBAL MEDIA Software on a single SUN GLOBAL MEDIA-branded SUN TV. You agree not to install, use or run the SUN GLOBAL MEDIA Software on any non-SUN GLOBAL MEDIA-branded device, or to enable others to do so. This License does not allow the SUN GLOBAL MEDIA Software to exist on more than one device at a time, and you may not make the SUN GLOBAL MEDIA Software available over a network where it could be used by multiple devices or multiple computers at the same time. This License does not grant you any rights to use SUN GLOBAL MEDIA proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with the SUN TV.

(b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the SUN GLOBAL MEDIA Software or any services provided by the SUN GLOBAL MEDIA Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the SUN GLOBAL MEDIA Software). Any attempt to do so is a violation of the rights of SUN GLOBAL MEDIA and its licensors of the SUN GLOBAL MEDIA Software.

(c) The SUN GLOBAL MEDIA Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the SUN GLOBAL MEDIA Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

(d) You agree to use the SUN GLOBAL MEDIA Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the SUN GLOBAL MEDIA Software and Services.

3. Transfer You may not rent, lease, lend, sell, redistribute or sublicense the SUN GLOBAL MEDIA Software. You may, however, make a one-time permanent transfer of all of your license rights to the SUN GLOBAL MEDIA Software to another party in connection with the transfer of ownership of your SUN TV, provided that:

(a) the transfer must include your SUN TV and all of the SUN GLOBAL MEDIA Software, including all its component parts, original media, printed materials and this License;

(b) you do not retain any copies of the SUN GLOBAL MEDIA Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the SUN GLOBAL MEDIA Software reads and agrees to accept the terms and conditions of this License. All components of the SUN GLOBAL MEDIA Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. SUN GLOBAL MEDIA Software provided with a particular SUN GLOBAL MEDIA- branded hardware product may not run on other models of SUN GLOBAL MEDIA-branded hardware.

4. Consent to Use of Data

(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that SUN GLOBAL MEDIA and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to technical information about your SUN TV, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the SUN GLOBAL MEDIA Software, and to verify compliance with the terms of this License. SUN GLOBAL MEDIA may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve SUN GLOBAL MEDIA’s products and services. To enable SUN GLOBAL MEDIA’s partners and third party developers to improve their software, hardware and services designed for use with SUN GLOBAL MEDIA products, SUN GLOBAL MEDIA may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.

(b) Location Data. SUN GLOBAL MEDIA and its partners and licensees may provide certain services through your SUN TV that rely upon location information. To provide and improve these services, where available, SUN GLOBAL MEDIA and its partners and licensees may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your SUN TV, and location search queries. The location data and queries collected by SUN GLOBAL MEDIA are collected in a form that does not personally identify you and may be used by SUN GLOBAL MEDIA and its partners and licensees to provide and improve location-based products and services. By using any location-based services on your SUN TV, you agree and consent to SUN GLOBAL MEDIA's and its partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by disabling the location-based features in the SUN TV. Not using these location features will not impact the non location-based functionality of your SUN TV. When using third party applications or services on the SUN TV that use or provide location data, you are subject to and should review such third party's terms and privacy policy on use of location data by such third party applications or services.

(c) At all times your information will be treated in accordance with SUN GLOBAL MEDIA’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: www.suntv.tv/legal/privacy/.

5. Services and Third Party Materials

(a) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that SUN GLOBAL MEDIA shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

(b) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that SUN GLOBAL MEDIA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SUN GLOBAL MEDIA, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

(c) You agree that the Services contain proprietary content, information and material that is owned by SUN GLOBAL MEDIA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or SUN GLOBAL MEDIA. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that SUN GLOBAL MEDIA is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(d) In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the SUN GLOBAL MEDIA Software are not available in all languages or in all countries. SUN GLOBAL MEDIA makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SUN GLOBAL MEDIA and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SUN GLOBAL MEDIA be liable for the removal of or disabling of access to any such Services. SUN GLOBAL MEDIA may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

6. Termination This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from SUN GLOBAL MEDIA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the SUN GLOBAL MEDIA Software. Sections 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination.

7. Disclaimer of Warranties

7.1 If you are a customer who is a consumer (someone who uses the SUN GLOBAL MEDIA Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES PERFORMED BY THE SUN GLOBAL MEDIA SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SUN GLOBAL MEDIA AND SUN GLOBAL MEDIA'S LICENSORS (COLLECTIVELY REFERRED TO AS "SUN GLOBAL MEDIA" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 SUN GLOBAL MEDIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SUN GLOBAL MEDIA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SUN GLOBAL MEDIA SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN GLOBAL MEDIA OR AN SUN GLOBAL MEDIA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SUN GLOBAL MEDIA SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SUN GLOBAL MEDIA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SUN GLOBAL MEDIA SOFTWARE AND SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SUN GLOBAL MEDIA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SUN GLOBAL MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SUN GLOBAL MEDIA's total liability 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.

9. Export Control You may not use or otherwise export or re-export the SUN GLOBAL MEDIA Software except as authorized by United States law and the laws of the jurisdiction(s) in which the SUN GLOBAL MEDIA Software was obtained. In particular, but without limitation, the SUN GLOBAL MEDIA Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SUN GLOBAL MEDIA Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SUN GLOBAL MEDIA Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 10. Government End Users The SUN GLOBAL MEDIA Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48

C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished- rights reserved under the copyright laws of the United States.

Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Complete Agreement; Governing Language This License constitutes the entire agreement between you and SUN GLOBAL MEDIA relating to the SUN GLOBAL MEDIA Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SUN GLOBAL MEDIA. Any translation of this License 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 License shall govern, to the extent not prohibited by local law in your jurisdiction.

Third Party Acknowledgements

A. Portions of the SUN GLOBAL MEDIA Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the SUN GLOBAL MEDIA Software, and your use of such material is governed by their respective terms.

B. Use of MPEG-4. This 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 by MPEG LA to provide MPEG-4 video. No license is granted or shall be 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.

C. H.264/AVC Notice. To the extent that the SUN GLOBAL MEDIA Software contains AVC encoding and/or decoding functionality, commercial use of H.264/ AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE SUN GLOBAL MEDIA SOFTWARE IS

LICENSED HEREIN ONLY 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 NONCOMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

NOTICES FROM SUN GLOBAL MEDIA

If SUN GLOBAL MEDIA needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

EA0101 Rev. 11/6/12

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Returns, Refunds and Exchanges Policy

Return Policy

Like many retailers, we guarantee our products; if an item hasn¡¯t met your expectations, please let us know. If an item you¡¯ve purchased turns out to be unsuitable, you can bring it back.

If you have any questions about our guarantee, please, email us at <>, or call us at 855-SUNTV99.

Returns and Exchanges

Returns and exchanges can be made by mail. Please call our Service Center, if you wish to return or cancel an order.

Merchandise that has been altered will not be accepted for return or exchange.

Returning by mail

Within the US: Returned items must be sent via insured, prepaid Regular US Mail. Ensuring your return allows you to track your parcel with the US Postal Service. Please Note: We cannot accept CODs or courier deliveries.

Outside the US: Ship goods prepaid, by insured ground shipping. To avoid unnecessary delays, please write ¡°U.S. Goods returning¡± on the outside of the package.

Please return items to 7361 Calhoun Place, Suite 460, Rockville, MD 20855

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Eula Hardware
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IMPORTANT: THIS END USER LICENSE AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS HARDWARE ("YOU" OR "CUSTOMER") AND SUN. BY USING THE HARDWARE, CUSTOMER ACCEPTS THE HARDWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE HARDWARE. BY INSTALLING AND/OR USING THE HARDWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE HARDWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE HARDWARE AND RETURN THE HARDWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.

THIS EULA SHALL APPLY ONLY TO THE HARDWARE SUPPLIED BY SUN HEREWITH REGARDLESS OF WHETHER OTHER HARDWARE IS REFERRED TO OR DESCRIBED HEREIN.

1. Definitions

(a) "Sun" means Sun Global Media USA, Ltd. and its licensors, if any.

(b) "Hardware" means only the Sun hardware program(s) and third party hardware programs, in each case, supplied by Sun herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Hardware which you are entitled to receive and that has been provided to you by Sun shall also mean Hardware for purposes of this Agreement.

2. License Grants

The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:

(a) Subject to Section 2(b), you may use the Hardware, provided you have a license. Except as otherwise specifically provided in Section 2(b), a license for the Hardware may not be shared. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Hardware on any single computer or device.

(b) You agree that Sun may audit your use of the Hardware for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Hardware by you other than in full compliance with the terms of this Agreement, you shall reimburse Sun for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

(c) Your license rights under this EULA are non-exclusive.

(d) Mandatory Product Activation. The license rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Hardware unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Hardware. You may need to activate the Hardware through the use of the Internet or telephone; toll charges may apply. There are technological measures in this Hardware that are designed to prevent unlicensed or illegal use of the Hardware. You agree that Sun may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Hardware if you modify your computer hardware, alter the Hardware, or install the Hardware on another computer. Product activation is based on the exchange of information between your computer and Sun. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute copies of the Hardware.

(b) You may not alter, merge, modify, adapt or translate the Hardware, or decompile, reverse engineer, or disassemble the Hardware.

(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Hardware.

(d) Other than with respect to a Trial Version or a Not For Resale Version of the Hardware, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Hardware (including all component parts, the media and printed materials, any upgrades, all platforms, this EULA, the serial numbers, and, if applicable, all other hardware products provided together with the Hardware), and the recipient agrees to the terms of this EULA. If the copy of the Hardware is licensed as part of the whole Studio (as defined above), the Hardware shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Hardware. You may not sell or transfer any Hardware purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Hardware. If the Hardware is an Education Version, You may not sell or transfer any such Hardware to anyone except to another entity or person who is otherwise qualified to purchase Education Versions of the Hardware.

(e) Unless otherwise provided herein, you may not modify the Hardware or create derivative works based upon the Hardware.

(f) Education Versions may not be used for, or distributed to any party for, any commercial purpose.

(g) You may not export the Hardware into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(h) You shall not use the Hardware to develop any product having the same primary function as the Hardware.

(i) In the event that you fail to comply with this EULA, Sun may terminate the license and you must destroy all copies of the Hardware (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

4. Upgrades

Except if the Hardware is an Education Version:

If this copy of the Hardware is an upgrade from an earlier version of the Hardware, you must possess a valid full license to a copy of an earlier version of the Hardware used to upgrade to this upgrade copy in order to install and/or use this upgrade copy. You may continue to use each earlier version copy of the Hardware to which this upgrade copy relates on your computer after you receive this upgrade copy, provided that, (i) the upgrade copy and the earlier version copy are installed and/or used on the same computer only and the earlier version copy is not installed and/or used on any other computer; (ii) you comply with the terms and conditions of the earlier version's end user license agreement with respect to the installation and/or use of such earlier version copy; (iii) the earlier version copy or any copies thereof on any computer are not transferred to another computer unless all copies of this upgrade copy on such computer are also transferred to such other computer; (iv) the earlier version copy or any copies thereof are not transferred to any other party unless you also transfer this upgrade copy and any copies thereof to such other party in accordance with Section 3; and (v) you acknowledge and agree that any obligation Sun may have to support and/or offer support for the earlier version of the Hardware may be ended upon availability of the upgrade.

If the Hardware is an Education Version:

If this copy of the Hardware is an upgrade from an earlier version of the Hardware, you must possess a valid full license to a copy of an earlier version of the Hardware used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Hardware to voluntarily terminate your earlier EULA and uninstall, destroy and cease using the earlier version of the Hardware or transfer it to another person or entity.

5. Prior Same Version License and Exchanges

If this copy of the Hardware is licensed as part of the Studio (as defined above), and you have a prior license to the same version of the Hardware, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Hardware is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Hardware to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior license of the Hardware or transfer it to another person or entity.

If this copy of the Hardware ("New License") has been acquired via a permitted exchange (other than in connection with an upgrade) with a different type of Hardware license previously acquired by you ("Old License") (e.g. Education Version license for a Commercial Version license, where permitted), you must possess a valid full license to a copy of such Old License in order to install and/or use this New License, and the New License is provided to you on a license exchange basis. You agree by your installation and/or use of such copy of the New License to voluntarily terminate your earlier EULA to the Old License and uninstall, destroy and cease using the Old License. You agree to not transfer the Old License to another person or entity.

6. Ownership

The foregoing license gives you limited license to use the Hardware. Sun and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Hardware (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Sun and its suppliers.

7. LIMITED WARRANTY AND DISCLAIMER

(a) Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Hardware, Sun warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) the physical case on which the Hardware is furnished will be free from defects in materials and workmanship under normal use.

(b) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO HARDWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, SUN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. SUN DOES NOT WARRANT THAT THE HARDWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE HARDWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. SUN SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE HARDWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. Exclusive Remedy

Your exclusive remedy under the preceding is to return the Hardware to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Sun no more than ninety (90) days following delivery to you, Sun will use reasonable commercial efforts to supply you with a replacement copy of the Hardware that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Hardware, at its option. Sun shall have no responsibility if the Hardware has been altered in any way, if the Hardware has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Hardware with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Hardware will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE HARDWARE AND RELATED DOCUMENTATION.

9. LIMITATION OF LIABILITY

(a) NEITHER SUN NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE HARDWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) SUN'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE HARDWARE THAT CAUSED SUCH DAMAGE.

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

10. Basis of Bargain

The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Sun and you. Sun would not be able to provide the Hardware on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Sun's licensors.

11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

This Hardware and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Sun, Inc., 601 Townsend, San Francisco, CA 94103.

12. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

13. General

This EULA shall be governed by the internal laws of the State of Maryland, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Montgomery County, Maryland or the federal courts in the District of Maryland to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Hardware licensed hereunder shall be of no effect. The failure or delay of Sun to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

No Sun dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Sun.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to: Sun Global Media USA., Ltd, Attention: General Counsel.

Sun and other trademarks contained in the Hardware are trademarks or registered trademarks of Sun in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Hardware. This EULA does not authorize you to use Sun's or its licensors' names or any of their respective trademarks.

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Eula Software
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IMPORTANT: THIS END USER LICENSE AGREEMENT (or "EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS LICENSED THIS SOFTWARE ("YOU" OR "CUSTOMER") AND SUN. BY INSTALLING AND USING THE SOFTWARE, CUSTOMER ACCEPTS THE SOFTWARE AND AGREES TO THE TERMS OF THIS AGREEMENT. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND CUSTOMER TO THESE TERMS, THEN DO NOT INSTALL AND/OR USE THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND IN ACCORDANCE WITH ITS REFUND POLICIES.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY SUN HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

1. Definitions

(a) "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.

(b) "End User Product" means an Output File, which contains the Sun service, generated by you. Examples of End User Products include the courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like.

(c) "Sun Run-Time" means that portion of the Software required in order for the End User Product to operate on hardware on which the Software itself is not resident.

(d) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.

(e) "Sun" means Sun Global Media USA, Ltd. and its licensors, if any.

(f) "Output File" means an output file generated by you using the Software.

(g) "Software" means only the Sun software program(s) and third party software programs, in each case, supplied by Sun herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. Any updates to such Software which you are entitled to receive and that has been provided to you by Sun shall also mean Software for purposes of this Agreement.

(h) "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.

2. License Grants

The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:

(a) Subject to Section 2(b), you may install and use the Software on a single computer or device; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise specifically provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers. Except solely for purposes of installing the Software on a computer as described above, a license for the Software may not be accessed and used via a server or network storage device, including without limitation through Citrix and Citrix-type environments. Subject to the terms and conditions set forth in this EULA, you shall not have more than one installation of the Software on any single computer or device.

(b) Portable or Home Computer Use for Software (Excluding Software Licenses Acquired under a Volume Discount). Subject to the terms and conditions of this Agreement, in addition to the copy of the Software permitted in Section 2(a), the primary user of the primary computer on which the Software is installed may make one other copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that:

(A) the copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the copy of the Software on the portable or home computer is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.

(c) Subject to the terms and conditions of this Agreement, in the event the Software is distributed along with other Sun software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer.

(d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. In addition, you may make copies of the End User Product, and the associated Sun Run-Time, and distribute those copies; provided, however, that (i) the Sun Run-Time may not be distributed or used other than as bundled with the Output File as part of the End User Product, and (ii) you shall require each party to whom the End User Product is distributed to agree that no title to, or ownership rights in, the Sun Run-Time are transferred and that the End User Product, including the Sun Run-Time, shall not be reverse compiled or disassembled.. In addition, you may not distribute an End User Product the purpose of which is to replay the courseware, presentations, interactive multimedia material, interactive entertainment products and the like of others.

(e) You agree that Sun may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Sun for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

(f) Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Sun, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, "Sample Application Code") in the accompanying documentation solely for the purposes of designing, developing and testing websites and website applications developed using Sun software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website development; and (3) you do not use Sun's name, logos or other Sun trademarks to market your application. You agree to indemnify, hold harmless and defend Sun from and against any loss, damage, claims or lawsuits, including attorney's fees, which arise or result from the use or distribution of your application.

(g) Your license rights under this EULA are non-exclusive.

(h) Mandatory Product Activation. The license rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the use of the Internet or telephone; toll charges may apply. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Sun may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware, alter the Software, or install the Software on another computer. Product activation is based on the exchange of information between your computer and Sun. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.

(b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

(c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.

(d) Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, all platforms, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the copy of the Software is licensed as part of the whole Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software. If the Software is an Education Version, You may not sell or transfer any such Software to anyone except to another entity or person who is otherwise qualified to purchase Education Versions of the Software.

(e) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.

(f) Education Versions may not be used for, or distributed to any party for, any commercial purpose.

(g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Sun's prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.

(h) You may only use the Not for Resale Version of the Software to review and evaluate the Software.

(i) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(j) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.

(k) You may receive the Software in more than one platform but you shall only install or use one platform.

(l) You shall not use the Software to develop any product having the same primary function as the Software.

(m) In the event that you fail to comply with this EULA, Sun may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

(o) You may receive the Software in more than one language but you shall only install or use one language version.

4. Upgrades

Except if the Software is an Education Version:

If this copy of the Software is an upgrade from an earlier version of the Software, you must possess a valid full license to a copy of an earlier version of the Software used to upgrade to this upgrade copy in order to install and/or use this upgrade copy. You may continue to use each earlier version copy of the Software to which this upgrade copy relates on your computer after you receive this upgrade copy, provided that, (i) the upgrade copy and the earlier version copy are installed and/or used on the same computer only and the earlier version copy is not installed and/or used on any other computer; (ii) you comply with the terms and conditions of the earlier version's end user license agreement with respect to the installation and/or use of such earlier version copy; (iii) the earlier version copy or any copies thereof on any computer are not transferred to another computer unless all copies of this upgrade copy on such computer are also transferred to such other computer; (iv) the earlier version copy or any copies thereof are not transferred to any other party unless you also transfer this upgrade copy and any copies thereof to such other party in accordance with Section 3; and (v) you acknowledge and agree that any obligation Sun may have to support and/or offer support for the earlier version of the Software may be ended upon availability of the upgrade.

If the Software is an Education Version:

If this copy of the Software is an upgrade from an earlier version of the Software, you must possess a valid full license to a copy of an earlier version of the Software used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and uninstall, destroy and cease using the earlier version of the Software or transfer it to another person or entity.

5. Prior Same Version License and Exchanges

If this copy of the Software is licensed as part of the Studio (as defined above), and you have a prior license to the same version of the Software, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity.

If this copy of the Software ("New License") has been acquired via a permitted exchange (other than in connection with an upgrade) with a different type of Software license previously acquired by you ("Old License") (e.g. Education Version license for a Commercial Version license, where permitted), you must possess a valid full license to a copy of such Old License in order to install and/or use this New License, and the New License is provided to you on a license exchange basis. You agree by your installation and/or use of such copy of the New License to voluntarily terminate your earlier EULA to the Old License and uninstall, destroy and cease using the Old License. You agree to not transfer the Old License to another person or entity.

6. Ownership

The foregoing license gives you limited license to use the Software. Sun and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Sun and its suppliers.

7. LIMITED WARRANTY AND DISCLAIMER

(a) Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Software, Sun warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.

(b) SUN PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".

(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, SUN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. SUN DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. SUN SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

(e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUN, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

8. Exclusive Remedy

Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Sun no more than ninety (90) days following delivery to you, Sun will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Sun shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

9. LIMITATION OF LIABILITY

(a) NEITHER SUN NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) SUN'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

10. Basis of Bargain

The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Sun and you. Sun would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Sun's licensors.

11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Sun, Inc., 601 Townsend, San Francisco, CA 94103.

12. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

13. Third Party Software

The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at <> and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

14. General

This EULA shall be governed by the internal laws of the State of Maryland, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Montgomery County, Maryland or the federal courts in the District of Maryland to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Sun to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

No Sun dealer, agent or employee is authorized to make any amendment to this EULA unless such amendment is in writing and signed by a duly authorized representative of Sun.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to: Sun Global Media USA., Ltd. Attention: General Counsel.

Sun and other trademarks contained in the Software are trademarks or registered trademarks of Sun in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Sun's or its licensors' names or any of their respective trademarks.

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Privacy Policy
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PRIVACY POLICY

THIS Privacy Policy is being provided by Sun Global Media USA, Ltd., (hereinafter referred to as “SUN”), a Maryland Corporation, with a mailing address of 7361 Calhoun Place Suite 460, Rockville, MD 20855.

SUN is committed to protecting our client’s privacy. This privacy policy explains SUN’s data collection and use practices.

PERSONAL INFORMATION

At times, SUN will ask its clients to provide us with your personal contact information for the use of designing and targeting promotional and informational mailings, resources, and for assistance in evaluating our software and services. We will use this information to help customize our customers’ product and service experience. The clients will be prompted to supply SUN with this information when signing up to use SUN’s services, to purchase hardware from SUN, or when initiating communication though the site. Clients may opt-out of receiving future mailings at any time (see the Opt-Out section below).

The personal information collected will be solely used to provide the service(s) or carry out the transaction(s) clients have requested or authorized. SUN will never share, sell, or rent clients’ personal information with third parties for promotional use. SUN may disclose or report personal information in limited circumstances where SUN believes, in good faith, that disclosure is required under State and Federal Law. For example, SUN may be required to disclose personal information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as court order, subpoena, search warrant, or law enforcement request.

ACCESS YOUR PERSONAL INFORMATION

Clients can review and edit said personal information and contact preferences by visiting the “My Account” page on the SUN platform. Clients will need to log into the client’s account and visit the account information section.

SECURITY OF YOUR PERSONAL INFORMATION

SUN uses reasonable precautions to keep user information disclosed to us secure. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect. Additionally, when we transmit sensitive personal information (such as a credit card number) over the Internet, we protect it through the use of PNC Bank payment center.

LOST OR STOLEN INFORMATION

Clients must notify SUN promptly if the clients’ user name or password is lost, stolen or used without permission. Upon notice, SUN will cancel that user name or password and update SUN’s records accordingly.

COOKIES

The SUN website may set Cookies on your computer. A cookie is a text file that is placed on the clients’ hard disk by our web server. Cookies are uniquely generated and assigned to the client, and can only be read by a web server in the same domain that set the cookie on your computer. Cookies cannot be used to run programs or deliver viruses to the clients’ computer.

The primary purposes of Cookies used by SUN are to provide convenience and to save clients’ time. SUN will use Cookies to automate login, enable personalization, facilitate clients’ movement through the site and allow SUN to measure site usage.

Clients have the ability to control any website's ability to set Cookies on a computer through the computer’s web browser (i.e. Netscape or Internet Explorer) privacy settings. Consult the documentation or help files for your web browser for instructions on setting Cookie preferences.

LOGGING

SUN makes extensive use of web logging to understand the usage of SUN’s services, diagnose problems and identify future enhancements to SUN’s products and services. In addition to logging the pages viewed, and features used, SUN’s logs will also collect referring IP addresses or /domain names of site visitors. This information is used in the reporting and analysis of SUN’s website some of which will be shared, when appropriate and at SUN’s discretion with SUN partners and clients.

PUBLIC FORUMS

SUN may provide you with chat features, instant messaging, message boards, and/or news groups. Please remember that any information that clients may disclose in the public areas will become public information, and any information that is disclosed in a private forum will become accessible to all other members of that forum. SUN may not intend to monitor, moderate, screen or otherwise be responsible for the contents of postings. Clients should exercise caution when deciding to disclose personal information in public or private forums.

LINKS

SUN’s Sites may provide links to third-party websites, such as those of SUN’s business partners and online advertisers. While on these sites, SUN or its partners may collect information about clients. Because SUN does not control the information policies or practices of these third parties, clients should review their privacy policies to learn more about how said third-party sites collect and use personally identifiable information.

OPT-OUT CHOICE

SUN provides clients with the opportunity to opt-out of receiving communication from both SUN’s partners and SUN when SUN requests information from our clients. Clients may send a written request to remove said information from SUN’s database, stop future communication, limit the use of clients’ information, or to review and modify information that clients may have previously provided. Such requests must be sent via email to <>. To cancel your service email your name to <> and see the refund policy for cancellation details.

ENFORCEMENT OF THIS PRIVACY STATEMENT

If you have questions regarding this statement, please contact SUN.

CHANGES TO THIS STATEMENT

SUN may occasionally update this privacy statement at SUN’s discretion. When these updates occur, SUN will post the updated version on SUN’s informational materials. For material changes to this privacy statement, we will notify clients either by placing a prominent notice on the application home page of SUN’s web site or by directly sending clients a notification regarding such an update. SUN encourages you to periodically review this privacy statement to stay informed about how SUN is helping to protect the personal information we collect. Clients’ continued use of the Service constitutes clients’ agreement to this privacy statement and any updates thereof.

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Refund Policy
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REFUND POLICY


At Sun Global Media USA Ltd. (“Sun”) we are confident in the quality of the SUN TV that we will give the consumer thirty (30) days to use the SUN TV with no risk to the consumer through Sun’s 30 Days Refund Policy (the “Policy”).


Upon purchasing the SUN TV, the consumer agrees to remit to Sun a deposit (“Deposit”) in the amount of One Hundred Sixty-Eight and 00/100 Dollars ($168.00), plus any applicable state tax collected on the Deposit.   Sun will retain the Deposit for a period of thirty (30) days from the date of purchase


If, within thirty (30) days of using the SUN TV, the consumer would like to return the SUN TV to Sun and cancel the service, the Deposit, plus any applicable collected state tax, will be refunded to the consumer within fourteen (14) business days of Sun’s receipt of the SUN TV. After thirty (30) days of using the SUN TV, should the consumer choose to retain the SUN TV, Sun will retain the Deposit, plus the applicable collected state tax.


Return of the SUN TV to Sun


To be eligible for the Policy, please adhere to the following instructions:


  • The consumer has to call Sun at 855-786-8899 to obtain specific shipping instructions to send the SUN TV from the consumer to Sun. For security and identity purposes, the consumer will be asked to provide the last four (4) digits of the credit card used by the consumer to purchase the SUN TV.

  • The consumer must send the SUN TV back to Sun in the original packaging, with all of the items included in the original packaging, including: the SUN TV, the power supply, the power cable and the remote control.

  • The Policy on the SUN TV purchased directly from Sun begins on the date of the packing slip, invoice, receipt or other sales documentation and lasts for thirty (30) days from said date. For SUN TV purchased from third-party retailers or resellers, the Policy begins on the date of the original sales receipt and lasts for thirty (30) days from said date.

  • If the consumer contacts Sun after the above-mentioned thirty (30) days period has expired, the consumer’s SUN TV will not be eligible for the Policy.

  • The postal mark on the SUN TV must reflect a date that is within the aforementioned thirty (30) days period.

  • Within the US: Returned items must be sent via insured, prepaid Regular US Mail at the consumer’s expense. Ensuring the SUN TV’s return allows the consumer to track their parcel with the US Postal Service.Please Note: Sun cannot accept CODs or courier deliveries.

  • Outside the US: Ship goods prepaid, by insured ground shipping at the consumer’s expense. To avoid unnecessary delays, the consumer shall write “U.S. Goods returning” on the outside of the package.

  • Sun is not responsible for any SUN TVes that are lost in transit.

  • Within fourteen (14) business days of the receipt by Sun of the consumer’s SUN TV, Sun will determine whether the SUN TV is eligible for the Policy. If the consumer’s SUN TV is deemed eligible for the Policy, Sun will send the consumer a refund check, by regular mail, to the address listed by the consumer on their customer file. It is the responsibility of the consumer to ensure the consumer to provide timely updates of their contact information to Sun.

    Exceptions to the Policy


    SUN TV that have been altered or damaged will not be eligible for the Policy. For the purposes of the Policy, SUN TV will not be eligible for the Policy that have experienced, including, but not limited to, the following:


  • External causes such as accident, abuse, misuse or problems with electrical power.

  • Servicing not authorized by Sun.

  • Usage that is not in accordance with product instructions.

  • Failure to follow the product instructions or failure to perform preventive maintenance.

  • Problems caused by using accessories, parts or components not supplied by Sun.

  • Products with missing or altered service tags or serial numbers.

  • Normal wear and tear

  • If the Consumer has any questions about our guarantee, please, email us at return@suntv.tv, or call us at 1-855-786-8899 (Local & International). 

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