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VIA Software License Agreement

Please read this VIA SOFTWARE LICENSE AGREEMENT (“Agreement”) carefully before your
downloading, installing, or using any software program and all related updates and
modifications supplied by VIA Technologies, Inc. (“VIA SOFTWARE”) that you are currently trying
to download install, or use.

This Agreement is a legally binding contract between yourself (as a natural or a legal person) and
the company VIA Technologies, Inc. (“VIA”) for VIA SOFTWARE.

 

You agree that any installing or use of the VIA SOFTWARE is subject to the terms and conditions
of this Agreement. If you do not agree with the conditions of this Agreement, you are not
entitled to install or use the VIA SOFTWARE. Should this be the case, you may return the VIA
SOFTWARE to the place where you obtained it for a refund and IF THE VIA SOFTWARE WAS
ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”.

 

1. Use of Software. For the duration of this Agreement, VIA hereby grants to you a limited, nonexclusive,
non-transferable, non-sublicensable, worldwide license to use the VIA SOFTWARE
solely in conjunction with VIA products. You are NOT permitted to reproduce and distribute VIA
SOFTWARE to any third party for any purpose.

2. Restrictions. You are not allowed, and you may not enable others, to disassemble, decompile,
or conduct reverse-engineering on the VIA SOFTWARE, or remove any proprietary notice or
label on the VIA SOFTWARE.

 

3. Open Source Software. If VIA SOFTWARE contains any open source software, such open
source software is not licensed under the terms of this Agreement, but is instead licensed under
the terms of applicable open source license(s), such as (as examples only) the BSD License,
ApacheLicense or the GNU Lesser General Public License. Your use of the open source software
shall be subject to the terms of each applicable license. You must agree to the terms of each
such applicable license, or you shall not use the open source software.

 

4. Exclusions. If VIA SOFTWARE incorporates any technologies belonging to third parties, such as
(as examples only) audio and video compression and decompression technology that is
embodied in the MPEG-1 standard and follow-on MPEG standards (as described in the Draft
International Standard ISO/IEC DIS 11172), patent holders of such technology may contact you
and request the payment of royalties. You acknowledge that VIA is not responsible for the
payment of such royalties and you will negotiate in good faith with the respective patent
holders to address their claims and obtain necessary licenses as required. IN NO EVENT SHALL
VIA BE RESPONSILBLE FOR INDEMNIFYING YOU AGAINST ANY PATENT INFRINGEMENT OR
ROYALTY CLAIMS. VIA FURTHER DISCLAIMS ALL WARRANTIES AGAINST INFRINGEMENT,
EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD PARTY’S TECHNOLOGY.

 

5. Ownership and Copyrights. The VIA SOFTWARE is protected by copyright laws and
international copyright conventions/treaties as well as other laws and agreements concerning
intellectual property. All title and copyrights in and to the VIA SOFTWARE (including but not
limited to all images, photographs, animations, video, audio, music, text, and other information
incorporated into the VIA SOFTWARE), the accompanying printed materials, and any copies of
the VIA SOFTWARE, are owned by VIA, or its third party licensors or suppliers. The VIA
SOFTWARE is protected by copyright laws and international treaty provisions.

 

6. Disclaimer of Warranty. VIA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR
PERFORMANCE OF THE VIA SOFTWARE FOR ANY PURPOSE. THE VIA SOFTWARE IS PROVIDED
“AS IS,” AND VIA DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL
EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT WITH RESPECT TO THE VIA SOFTWARE. VIA IS NOT OBLIGATED TO
SUPPORT OR ISSUE UPDATES TO THE VIA SOFTWARE.

 

7. Limitation on Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES SHALL VIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR
COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS VIA SOFTWARE,
EVEN IF VIA HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

 

8. Export Controls. You agree that the VIA Software will not be shipped, transferred, or exported
into any country or used in any manner prohibited by the United States Export Administration
Act or any other applicable export laws, restrictions, or regulations.

 

9. Termination. Your license will automatically terminate without notice from VIA upon any
failure by you to comply with the terms under this Agreement. Upon termination, you must
cease all use of the VIA SOFTWARE and destroy the VIA SOFTWARE along with all copies and
merged portions in any form.

 

10. Third Party Beneficiary. Licensors or suppliers of VIA and their affiliates are third party
beneficiaries of this Agreement, and thus this Agreement is directly enforceable by such
licensors/suppliers and their affiliates.

 

11. Governing Law and Jurisdiction. This Agreement shall be governed by, construed, and
enforced in accordance with the laws of Taiwan. Any action or proceeding to enforce or resolve
disputes relation to this Agreement shall be brought before the Taipei District Court in Taiwan.


VIA Technologies, Inc.
8F., 535, Zhongzheng Rd.,
Xindian Dist., New Taipei City 231,
Taiwan