End User License Agreement and Terms of Use

PLEASE READ THESE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING YOUR NETGEAR PRODUCT. FOR THE PURPOSES OF THIS AGREEMENT, "NETGEAR PRODUCT" IS THE EVA2000. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND VERISMO NETWORKS, INC. ("VERISMO") GOVERNING YOUR USE OF THE VERISMO SOFTWARE (INCLUDING THE EMBEDDED VERSIMO SOFTWARE AND THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE NETGEAR PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO ("SOFTWARE") AND RELATED DOCUMENTATION. BY USING YOUR NETGEAR PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE NETGEAR PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE NETGEAR PRODUCT AND ARE THE ORIGINAL END USER PURCHASER OF THE NETGEAR PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED NETGEAR PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 30 DAYS AFTER PURCHASE FROM NETGAR.

Modification of End User License Agreement

You acknowledge and agree that Verismo may, in its sole discretion, revise this Agreement or the Terms of Use at any time. By continuing to access or use the VuNow Services after Verismo makes any such revision, you agree to be bound by the revised Agreement and/or the revised Terms of Use.

License

1. Subject to the terms of this Agreement, Verismo grants you a nonexclusive, nontransferable right to use the Software solely on a single NETGEAR Product on which it was originally installed.
2. General Limitations. This is a license, not a transfer of title, to the Software, for use only under the terms of this Agreement. Verismo retains ownership of all copies of the Software, and Verismo reserves all rights not expressly granted to you. The rights granted herein are limited to Verismo's intellectual property rights in the Software and do not include any other patents or intellectual property rights. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. Any attempt to do so is a violation of the rights of Verismo and its licensors.

Open Source Software

Certain software libraries and other third party software included in the Software are "free" or "open source" software and are subject to separate license terms ("Open Source Software"). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by Verismo on its web site. Verismo is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified Verismo Software or its use on NETGEAR Products.

Consent to Use of Data

You agree that Verismo and its subsidiaries may collect, use and disclose personally identifiable and anonymous technical and other information to facilitate the provision of software updates, upgrades or bug fixes, product support and for other reasons. Verismo shall use customer information in accordance with its Privacy Policy, which can be found at http://www.vunow.com/privacy and which may be modified by Verismo at any time for any reason and which is incorporated here by reference. By using the Software, you agree to the latest terms of Verismo's Privacy Policy.

VuNow Service Terms of Use

The Software may enable access to Verismo's VuNow Service. By using this Software in connection with the VuNow Service, you agree to and must comply with the latest Terms of Use for the VuNow Service, which Terms of Use are attached to this Agreement as Appendix A and incorporated by reference into this Agreement and made a part of this Agreement.

Third Party Service Terms of Use

The Software may enable access to other third party services. By using this Software in connection with such services, you agree to and must comply with the respective latest terms of use. For a list of third party services and their terms of use please visit the product description page on Verismo's website

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY VERISMO, ITS SUPPLIERS AND LICENSORS. VERISMO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL VERISMO, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VERISMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the total liability of Verismo, its suppliers and licensors 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.

Export Restrictions

The Software and technology in the Verismo Products (hereafter referred to as "Software and Technology") are subject to export controls under the laws and regulations of the United States (U.S.). You shall comply with such laws and regulations governing export, re-export, transfer and use of the Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. Verismo and you each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Government End Users

The Software and related documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, you may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and documentation with only those rights set forth in the Agreement. Use of any of the Software or documentation or all constitutes agreement by the Government that the Software and documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.

Microsoft technology

Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The Verismo Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation ("Microsoft") to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this Verismo Product is prohibited without a license from Microsoft.

MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice

To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Miscellaneous

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Verismo. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement 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 Agreement shall govern.

APPENDIX A

TERMS OF USE

These Terms of Use ("Terms of Use") govern your access to and use of the VuNow Service by Verismo Networks, Inc. ("Verismo") and any videos, information, text, graphics, files or other materials or services (the "Content") displayed or accessible through the VuNow Service (collectively, the VuNow Service and the Content sometimes referred to as the "Services"). Your access to and use of the Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Services, you agree to be bound by these Terms of Use and you agree to Verismo's privacy policy, found at http://www.vunow.com/privacy, which may be modified by Verismo at any time for any reason and which is incorporated here by reference. If you do not agree to any of these terms or Verismo's latest privacy policy, please do not use the Services.

Modification of Terms of Use

You acknowledge and agree that Verismo may, in its sole discretion, revise these Terms of Use at any time. By continuing to access or use the Services after Verismo makes any such revision, you agree to be bound by the revised Terms of Use.

Privacy

See Verismo's Privacy Policy (http://www.vunow.com/privacy) for information and notices concerning Verismo's collection and use of your personal information.

Registration and Passwords

Some Services may require you to register. If you choose to register, you must submit a valid e-mail address, select a username and password during the registration process, and be at least 18 years of age. You are responsible for safeguarding the password that you use to access any secure areas of the Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Verismo of any unauthorized use of your password. Verismo reserves the right to refuse providing Services to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

Your Use of the Services

You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use. Furthermore, the Services may contain links to or Content and services from other websites or sources that are completely independent of Verismo 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. While you are encouraged to read, understand and accept the terms and use of such Content provided by third party content providers, it shall be deemed that you have agreed to such terms of use of the third party content providers by the virtue of you accessing or using such Content.

These Terms of Use do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. Verismo and its third-party content providers reserve the right to charge fees, change, suspend, remove, or disable access to any Content, services or any other aspect of the Services at any time without notice in its sole discretion. Verismo in its sole discretion may charge fees for providing the VuNow Service. In no event will Verismo be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. Verismo may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. 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. Nevertheless, you agree to use the Services at your sole risk and that Verismo shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that Verismo is not responsible for examining or evaluating the Content or accuracy, completeness or authenticity of any Content. Verismo, its officers, affiliates and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. You agree that you will not use the Services in a manner that would infringe or violate the rights of any other party, and that Verismo is not in any way responsible for any such use by you. By accessing or using the Services, you acknowledge that Verismo makes no representations or warranties with regard to the appropriateness or accuracy of the Content.

Verismo Networks Property

All right, title, and interest in and to the Services including but not limited to any Content, are and will remain the exclusive property of Verismo and the respective owners. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not copy or modify the HTML code used to generate web pages related to the Services. You may not use Services on or in connection with any hardware or software other than a Verismo device, for any purpose.

Trademarks

Product names, logos, brands, and other trademarks featured, or referred to, on VuNow.com or VerismoNetworks.com, are the property of their respective trademark holders. These include, but are not limited to, Verismo Networks, VuNow, YouTube, CinemaNow and BitTorrent.

Except for VuNow and Verismo Networks, trademarks and trademark holders are not affiliated with Verismo Networks or its products, promotional materials, or website(s), nor do they sponsor or endorse VuNow or Verismo Networks.

Verismo will have the right to investigate and prosecute violations of the Terms of Use, including intellectual property rights infringement and security issues, to the fullest extent of the law. Verismo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Verismo has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the VuNow Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination

If you violate any of these Terms of Use, your permission to use the Services will automatically terminate. Verismo reserves the right to revoke your access to and use of the Services at any time, with or without cause.

The SERVICES ARE PROVIDED "AS-IS"

THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VERISMO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VERISMO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VERISMO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

Indemnity

You agree to defend, indemnify, and hold harmless Verismo, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VERISMO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT VERISMO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT VERISMO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, VERISMO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF VERISMO TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS ($50). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VERISMO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.

Waiver

The failure of Verismo to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by and interpreted in accordance with the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Santa Clara County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between Verismo and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between Verismo and you regarding the Services.

Contact

If you have any questions about these Terms of Use, please contact Verismo Networks at info@vunow.com.