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DIVX, LLC (Licensor) LICENSE THE FOLLOWING TERMS AND CONDITIONS (THE EULA) SET FORTH THE RIGHTS

BEING LICENSED TO YOU (THE CUSTOMER) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS YOU HAVE TO THE SOFTWARE, SO IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE SOFTWARE. ASSENT: By clicking I Agree below, or by opening the le package containing the Software, you agree (i) that this EULA is a legally binding and valid contract, (ii) agree to abide by all of the terms and conditions of this EULA, and (iii) agree to take all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under your control or in your service. GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, nonassignable license solely to use a single copy of the Software on a single computer or device for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. Software means computer software or device rmware, together with any related documentation (including design, systems and user documentation) and other materials for use in connection with such software distributed pursuant to this EULA. Third-Party Software means Software created and licensed to you by a company other than DivX, LLC, which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as dened below) of Licensor. RESTRICTIONS: (a) You are prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof. (b) You may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes. (c) You are prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software. You may not otherwise modify, alter, adapt, port, or merge the Software. (d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices. (e) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help les, examples, and benchmarks. PREMIUM CONTENT: If your use of the Software includes viewing premium content, the following terms explain and govern your rights: (a) Purchased Content. If you have purchased premium content in the DivX format, it will play through the Software or on any DivX Certied electronic device, so long as the le format for the content is supported by that particular device (i.e., premium content in the DivX Plus MKV le format will only play on a DivX Plus Certied Device because the MKV le container is not supported by other DivX Certied Devices). You may watch the content an unlimited number of times. (b) Rented Content. There are two models by which you may rent premium content in the DivX format: timebased for Software playback or number-of-views-based for playback on DivX Certied devices. For content which is time-based rental for PC playback, you may play your rental content an unlimited number of times during the rental period. The rental period is set by the merchant, not Licensor. The viewing period begins as soon as the user begins download of the content. Some (but not all) rental content will play on DivX Certied devices. For content which is licensed for device playback, you may start playback of their video a dened number of times (set by the merchant, not Licensor) for each device registered to the users account. Stopping and restarting the video will count as a new play. The play count is independent for each registered device. Additionally, you can only have 8 simultaneous titles for device playback. If you license a 9th rental to your account, one of your other eight rentals will be deleted. (c) Service Availability. Licensor does not guarantee the availability of the Software for premium content playback. From time to time, Licensor may go ofine for maintenance or other issues. During this time, you

may be unable to license new content, watch previously licensed content, and/or register or manager device registration. We apologize for this inconvenience and will try to minimize disruptions. (d) Playback. You must have an internet connection to be able to playback content using the Software. Some premium content licensed in high denition (HD) may only playback in standard denition (SD) using the Software on a PC, even if it plays in HD on your DivX Certied devices (e) Device registration. You must have an internet connection to be able to register new devices to your account. (f) End of Life. Licensor reserves the right to discontinue older versions of the Software, and this may affect your ability to playback content you previously purchased using the Software. For example (and without limiting Licensors right to end-of-life any of its Software) once an operating system is no longer supported by its manufacturer, Licensor may cease updating and supporting the Software which is designed for that operating system; in this event, you may not be able to view premium content using the Software due to the outdated digital rights management system in that version of the Software, even though the Software will still work for most other content. (g) Revoked Licenses. Licensor may revoke or suspend your license to the Software, your account, and/or access to specic content if you attempt, or assist others in attempting, to circumvent the security features within and for the content. NO COMMERCIAL USE: This EULA grants you the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this EULA. If you require a commercial license, please contact Sales@divx.com. NO TRANSCODING: You are prohibited from using the Software with software or hardware products whose purpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format. COMPLIANCE WITH LAWS: You agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, you will abide by all applicable laws, including without limitation intellectual property laws and export control laws. OWNERSHIP OF SOFTWARE: The Licensor and/or its afliates or subsidiaries own all rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR OR ITS SUPPLIERS. TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluation prior to purchase. Trial periods may begin either upon installation, upon rst use of a component, or as the user elects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software may cease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed by Licensor, indicated during installation, specied in the Software documentation, or displayed on the Software GUI. PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration technology. Unregistered Software may be non-functional or subject to trials. During registration, a serial number will be issued to you by Licensor or its afliates for one or more components. Upon entering a valid serial number for a component (registering the component), the registered component will be released of its trial and/or non-functional limitations. You agree not to disclose any serial number issued to you to any thirdparty for any reason, except for the purposes of acquiring product support from Licensor or its afliates. PRIVACY POLICY: During the installation process and through use of the software covered hereunder, we may collect non-personally identiable information, as well as personally-identiable information, all as set forth in our Privacy Policy, available at http://www.divx.com/en/privacy-policy; please read it. By using or installing the Software, you agree to the terms and conditions of the Privacy Policy. NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD, THE AVC STANDARD, OR THE MPEG-2 STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES. The Software contains MP3 audio coding technology and mp3 Surround audio coding technology (the MP3 Technology) subject to patents licensed from Fraunhofer IIS (Fraunhofer), Agere, and/or Thomson Licensing S.A. (TLS).

THIRD PARTY OFFERS: During the installation process you may be offered software components on behalf of Licensor's partners or afliates. Such offers are optional and do not affect your use of the Software or your eligibility for trials and product registration. Installation and use of afliate software is subject to the terms of use, end user license agreement and/or privacy policy set by the third party for their products. In addition, you agree not to: (a) tamper or modify the installation screen displays or display ows for such afliate products; and (b) distribute the Software or afliate software with any adware, third party peer-to-peer software, spyware, malware or other malicious programs or code. TERM: This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software. Upon any termination, you agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials. Licensor may update this EULA from time to time, in its sole discretion, by adding or removing terms. Licensor will promptly make such revised EULA available to you. Such updates shall be binding upon you by your continued use of the Software. GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of the United States, excluding their conicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License. WARRANTIES AND DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR CONDITION IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM DOWNLOADING THE SOFTWARE OR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSORS SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE. IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.

DivX, LLC 4780 Eastgate Mall San Diego, California 92121 November 16, 2010

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