END USER LICENCE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY:
THIS END USER LICENSE AGREEMENT (ˇ§EULAˇ¨) IS A LEGAL AGREEMENT BETWEEN YOU (AS AN INDIVIDUAL OR ENTITY, ˇ§YOUˇ¨, ˇ§YOURˇ¨ or THE ˇ§CUSTOMERˇ¨) AND ASMEDIA TECHNOLOGY INC. (ˇ§ASMEDIAˇ¨, ˇ§WEˇ¨, ˇ§USˇ¨ or ˇ§OURˇ¨). BY ACCEPTING ˇ§YESˇ¨ OR ˇ§OKˇ¨WHILE INSTALLING OR OTHERWISE USING THE SOFTWARE (ˇ§SOFTWAREˇ¨), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE OR INSTALL THE SOFTWARE.
WE PROVIDE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. THIS EULA SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO USING ANY VERSION OF SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE SOFTWARE WILL NOT BE LICENSED TO YOU.

    1	LICENSE GRANT:

    1.1	This EULA grants you, a non-exclusive, non-transferable license to install and use the Software, for your internal purpose under the terms and conditions stated herein.

    1.2	An acknowledgment that although copyrighted, the Software is unpublished and embodies valuable trade secrets proprietary to us.

    2	RESTRICTIONS:

    2.1	You may not
    	(a) disassemble, decompile, reverse engineer or modify in any manner, any of the Software, or otherwise analyze the Software;
    	(b) modify, convert, change, combine or create derivative works of the Software;
    	(c) delete or modify the copyright notice contained on or within the Software;
    	(d) sublicense, rent, distribute, assign, transfer or otherwise dispose of the Software and its license to any third party;
    	(e) use the Software in violation of any applicable laws and regulations

    2.2	U.S. Government Export Administration Act Compliance Clause. This EULA shall include a covenant by which you agrees to not export, license or otherwise transfer the Software in any form to any country where such transfer is prohibited by the United States Export Administration Act, or any successor legislation, or in violation of the laws of any other country.

    3	PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
    	All right, title and interest to the intellectual property rights in and to the Software, and any copies that you are permitted to make, are owned by us. The Software is protected by law, including, but not limited to, the copyright laws of Taiwan, U.S.A. and other applicable countries.  We reserve all rights in and to the Software. This Software is LICENSED, NOT SOLD.

    4	NO SUPPORT

    4.1	You agree that we will not be liable for providing any support services (including, but not limited to, maintenance, Q&A support, technical consultation or troubleshooting) with regard to the Software.

    4.2	We may also modify the Software at any time without notice and may discontinue any service through website designated by us at any time without notice.

    5	NO WARRANTY

    	THE SOFTWARE IS PROVIDED ˇ§AS ISˇ¨ WITHOUT WARRANTY OF ANY KIND. WE DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE. BE LIABLE WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING OUT OF THE USE OF SOFTWARE. USE OF THE SOFTWARE IS AT YOUR OWN RISK. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

    6	LIMITATION OF LIABILITY

    	IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY PART THEREOF, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    7	INDEMNITY

    	You agree to indemnify and hold us, and our parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this EULA, or your violation of any law, regulation or third-party right.

    8	TERMINATION

    8.1	Without prejudice to any other rights, your rights to use the Software will be terminated automatically without notice, if you fail to comply with the terms and conditions of this EULA. In this case, you must promptly destroy any and all of the Software either in copies, full or partial and cease all use of the Software.

    8.2	This EULA is effective until terminated by you, us, or the licensors.

    9	GENERAL

    9.1	The Software may not be shipped, transferred, exported or re-exported, directly or indirectly, into any country or used in any manner prohibited by the export control laws and regulations of Taiwan, U.S.A. and other countries.

    9.2	This EULA will be governed by and construed in accordance with laws of Taiwan. You agree that the exclusive jurisdiction with respect to any disputes which may arise between you and us in connection with this EULA will be the Taiwan Taipei District Court.

    9.3	Even if any part of this EULA is found void and unenforceable, it will not affect the validity of the remainder of this EULA, which will remain valid and enforceable according to its terms.

    9.4	This is the entire EULA between you and us relating to the Software and it supersedes any prior representations or communications relating thereto.

    9.5	This EULA will be amended from time to time in our sole discretion and you will always comply with the terms and conditions of any versions of this EULA.