FOR PURCHASERS OF THE PROFESSIONAL LICENSE: THIS LICENSE ALLOWS FOR UNLIMITED PROFESSIONAL OR COMMERCIAL USE. FOR PURCHASERS OF SOFTWARE UNDER A PERSONAL LICENSE: PROFESSIONAL OR COMMERCIAL USE IS NOT PERMITTED. ------ Thank you for purchasing Firsthand's software. This Agreement describes the license and terms of use for any of the following Firsthand Applications (“the Applications”) you have purchased. By downloading, installing or using the Applications you agree that you have read and understood the following terms of use (the “Terms”) and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST REFRAIN FROM ANY FURTHER USE OF THE APPLICATIONS, AND DELETE ANY COPIES OF THE APPLICATIONS IN YOUR CONTROL. When using or accessing the Applications, you agree that you will comply with any guidelines, rules, terms and conditions applicable to such use according to these Terms. Firsthand may modify the Terms at any time at our sole discretion. Because Firsthand Applications continue to evolve, we may change or discontinue all or any part of any Application at any time and without notice, at Firsthand’s sole discretion. Disclaimer You agree to the following: Firsthand Applications are intended for use as a general wellness product. Firsthand Applications are not intended to diagnose, treat, cure, or prevent any disease. Firsthand Applications are NOT INTENDED to replace professional health care or seeking the advice of a physician, replacement for any type of therapy or medication, or intended to diagnose any type of illness of condition. Firsthand Services and Applications are PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. The Licensee’s use of the Applications is voluntary and at the Licensee’s sole risk. Firsthand is not responsible for any health problems that may result from training programs, consultations, events or clinical sessions that utilize Firsthand Applications. The health-related information available through the Applications, the Application documentation, and the Firsthand web site is general in nature. The Licensee is solely responsible for your use of the Applications and the health decisions or actions resulting from the use of the Application and its content. 1. License Subject to your compliance with these Terms, your purchase of one or more Firsthand Applications listed above grants you a limited non-exclusive, non-transferable license to use a copy of the purchased Firsthand Applications on a single device that you own or control. The App is licensed, not sold, to you. You may utilize the Applications only as permitted by these Terms. You may not, and will not permit any other party to (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) sublicense, distribute, sell, rent or otherwise transfer the Applications to any third party; (3) reverse engineer, decompile or disassemble the Applications; (4) circumvent or attempt to circumvent any electronic protection measures or encryption in place to regulate or control access to the Applications or any product of the Applications. You agree that the Applications, including any content made available through the Applications, are the property of Firsthand or its affiliates, and are protected by applicable intellectual property laws. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications. No agency, partnership, joint venture, employer or franchiser relationship is intended or created by use of the Applications, whether between you and Firsthand, its affiliates or any third party. 2. Product Warranty Firsthand warrants for a period of ninety (90) days from the installation date of the Initial Version (the “Warranty Period”) that the Software, unless modified by Licensee, and the accompanying media, will perform the functions described in the Documentation in all material respects when installed on the Computer(s) and operated on the platform specified by Firsthand. This warranty shall not apply with respect to (i) altered, damaged or modified Software; (ii) Software that is not the then-current version; (iii) Software problems caused by Licensee’s negligence, hardware malfunction or other causes beyond the control of Firsthand; or (iv) Software installed in an operating environment or in a hardware environment for which the Software has not been licensed. Firsthand does not warrant that the Software will meet Licensee’s requirements, that the Software will operate in the combinations which Licensee may select for use, that the operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. Remedy Any claim submitted under this warranty must be submitted in writing to Firsthand within the Warranty Period. Firsthand’s sole and exclusive obligation for warranty claims shall be, at its option, to (i) replace the defective Software or media with Software or media that conforms to the above warranty, (ii) provide a workaround, or (iii) return the applicable license fees paid to Firsthand prorated over a twelve-month period from the Effective Date for the number of quarters or fractions thereof during which the Software was used by Licensee. 3. Supported Equipment Full use and enjoyment of Firsthand Applications depends upon your use of an appropriate VR-ready computer and a compatible VR display. An underpowered computer or low quality VR display can significantly degrade the experience with Firsthand Applications. Please see firsthand.com/products for details of minimal and supported hardware systems. 4. REFUND POLICY All purchases of Firsthand Applications are final and non-refundable. No returns will be accepted. Products downloaded to or shipped out of The United States of America are sold as-is and shall be covered by no warranty. Firsthand Applications must be used on supported hardware systems as described in this Agreement. Failure to use the Applications on unsupported hardware will not be accepted as grounds for any refund. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time of purchase. Prices for products offered at this web site may change at any time. No guarantee is provided of price protection or refunds in the event of a price reduction or promotional offering. 5. Safety and Common Sense Use of the Firsthand App should not replace your good judgment and common sense. You should not rely on the Applications to supersede your personal judgment. Please read and comply with all safety notices that accompany your Firsthand product or service, and with the necessary equipment. 6. Limitation of Liability You agree that, except in jurisdictions where such provisions are restricted, to indemnify and hold harmless Firsthand Inc., its employees, agents and distributors against all claims, proceedings, demand and costs resulting from or in any way connected with your use of Firsthand Applications. In no event (including, without limitation, in the event of negligence) will Firsthand, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Applications, modifications to the Applications, or the inability to use the Applications. The Licensee agrees that, notwithstanding anything to the contrary contained herein, Firsthand’s liability to the Licensee will at all times be limited to the amount paid, if any, by the Licensee to Firsthand for the Applications. 7. Waiver of Claims You agree to waive any and all claims against the Firsthand and affiliates that may arise from this agreement, and any and all claims that may arise from the use of the Applications by any third parties with or without your knowledge or consent. Firsthand and its affiliates will not be responsible or liable for any factual or other error in the Applications. The Applications should NEVER be used by unqualified individuals as a means of self-diagnosis. Unqualified individuals are encouraged to seek professional diagnosis and treatment from a qualified health professional. Any cause of action or claim you may have with respect to the Applications must be commenced within one (1) year after the cause of action or claim arises. Firsthand’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Firsthand nor any trade practices shall act to modify the Terms. Firsthand may assign its rights and duties hereunder to any third party at any time without consent or notice to you. 8. Trademarks and Copyright Firsthand, Firsthand, and associated intellectual property are covered by U.S. trademark, patent, and copyright law. Any logo, trademark, servicemark, domain name or trade name appearing on the Applications, including Firsthand (“Marks”), whether registered or not, are the property of Firsthand or their respective owners. 9. Privacy and Protected Information Firsthand applications do not store or share any information or data about the user. In the course of using the Applications, any data or information about you shall be retained and owned by you. This includes all personal information about yourself or any third party associated with you. To obtain, install or access support of the Applications you may be required to use and maintain a password. Your username and password should be kept confidential for your personal use only, and you are solely responsible for maintaining the confidentiality of any password you may use to access or operate the Applications. You agree not to transfer your password or otherwise lend or transfer your use of or access to the Applications to any third party. You agree to take full responsibility, and hold Firsthand harmless, for the security of your computer or device and the information contained within. 10. Termination If you violate these Terms, we reserve the right to terminate your access to Firsthand content, at our sole discretion, at any time and without notice or liability to you. 11. Governing Law This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Washington, without regard to choice of law principles. Any claim or dispute arising in connection with your use of the Applications shall be brought exclusively in the courts of the State of Washington. Users who access the Applications from outside of the United States of America are responsible for compliance with applicable local laws. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. 12. Export Controls The Applications may not be exported or downloaded to any country which the United States has embargoed goods, or to anyone the U.S. Treasury Department’s list of Specially Designated Nationals or the U. W. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 13. Severability If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. 14. Miscellaneous These Terms, together with all policies referred to herein, are the entire Agreement between you and Firsthand relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Firsthand relating to such subject matter. 15. Third-Party Information and Links to Third Party Websites The Applications may contain information concerning third-party providers, companies, advertisers and products. Third parties may offer products or services through the Applications, including links to third- party web sites. These links are provided for your convenience, and Firsthand and its affiliates are not responsible or liable for such third-party products, services or web sites or the content contained therein. 16. Technical and Customer Support Firsthand provides technical and customer support for the Applications via email at support@Firsthand.com. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Firsthand. By Downloading and/or using the Applications you imply and acknowledge your agreement to the following: - You are at least 18 years old and you have read and agree to the Terms of this Agreement. - You understand that Firsthand does not provide, access, view, compile or maintain medical or patient information through the use of this Application, including any patient identifiable health information. LICENSE END---- Firsthand, Firsthand VR, COOL!, GLOW are the trademarks or registered trademarks of Firsthand Technology Inc. and its affiliates, registered in the USA and other countries. HTC, the HTC logo, and HTC Vive are the trademarks or registered trademarks of HTC Corporation and its affiliates, registered in the USA and other countries. Oculus Rift, the Oculus logo, and Oculus VR are the trademarks or registered trademarks of Facebook Corporation its subsidiaries, registered in the USA and other countries. Scosche, the Scosche logo, and Scosche Rhythm+ are the trademarks or registered trademarks of Scosche Industries its subsidiaries, registered in the USA and other countries. Leap Motion, the Leap Motion logo, and Leap Motion™ Controller are the trademarks or registered trademarks of The Leap Motion Company its subsidiaries, registered in the USA and other countries. Garmin, the Garmin logo, and ANT+ are trademarks of Garmin Ltd. or its subsidiaries, registered in the USA and other countries.