Elgato Systems, LLC

Software License Agreement

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”)

CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU
ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO
NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF
YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE
SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “QUIT”. FOR SOFTWARE
INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE
ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.

IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to

you only for reproduction of non-copyrighted materials, materials in which you own the
copyright, or materials you are authorized or legally permitted to reproduce. If you are
uncertain about your right to copy any material, you should contact your legal advisor.

1. General. The software, documentation and any fonts accompanying this License whether on
disk, in read only memory, on any other media or in any other form (collectively the “Software”)
are licensed, not sold, to you by Elgato Systems, LLC (“Elgato”) for use only under the terms of
this License, and Elgato reserves all rights not expressly granted to you. The rights granted herein
are limited to Elgato’s and its licensors’ intellectual property rights in the Software and do not
include any other patents or intellectual property rights. You own the media on which the
Software is recorded but Elgato and/or Elgato’s licensor(s) retain ownership of the Software
itself. The terms of this License will govern any software upgrades provided by Elgato that
replace and/or supplement the original Software product, unless such upgrade is accompanied by
a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the
Software belongs to the respective content owner. 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. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions. This License allows you to install and use one
copy of the Software on a single computer at a time. The Software may be used to reproduce
materials so long as such use is limited to reproduction of non-copyrighted materials, materials in
which you own the copyright, or materials you are authorized or legally permitted to reproduce.
This License does not allow the Software to exist on more than one computer at a time, and you
may not make the Software available over a network where it could be used by multiple
computers at the same time. If the Software was included with a Hardware product then this
License does not allow you to use the Software with another Hardware product. You may make
one copy of the Software in machine-readable form for backup purposes only; provided that the
backup copy must include all copyright or other proprietary notices contained on the original.
Except as and only to the extent expressly permitted in this License or by applicable law, you may
not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the
Software or any part thereof. THE SOFTWARE IS NOT INTENDED FOR USE IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT
MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE. 

3. Transfer. You may not rent, lease, lend or sublicense the Software. You may, however, make a
one-time permanent transfer of all of your license rights to the Software to another party,
provided that: (a) the transfer must include all of the Software, including all its component parts,
original media, printed materials and this License; (b) you do not retain any copies of the
Software, full or partial, including copies stored on a computer or other storage device; and (c)
the party receiving the Software reads and agrees to accept the terms and conditions of this
License. All components of the Software are provided as part of a bundle and may not be
separated from the bundle and distributed as standalone applications. 

NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Elgato Software
labeled or otherwise provided to you on a promotional basis may only be used for demonstration,
testing and evaluation purposes and may not be resold or transferred.

Academic Copies: If the Software package has an academic label or if you acquired the Software
at an academic discount, you must be an Eligible Educational End User to use the Software.
“Eligible Educational End Users” means students, faculty, staff and administration attending
and/or working at an educational institutional facility (i.e., college campus, public or private K-12
schools).

4. Termination. This License is effective until terminated. Your rights under this License will
terminate automatically without notice from Elgato if you fail to comply with any term(s) of this
License. Upon the termination of this License, you shall cease all use of the Software and destroy
all copies, full or partial, of the Software.

5. Limited Warranty on Media. Elgato warrants the media on which the Software is recorded
and delivered by Elgato to be free from defects in materials and workmanship under normal use
for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy
under this Section shall be, at Elgato’s option, a refund of the purchase price of the product
containing the Software or replacement of the Software which is returned to Elgato or an Elgato
authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND
OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET
FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU
OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR
PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranties. 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.
EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS
PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND ELGATO AND ELGATO’S LICENSORS (COLLECTIVELY REFERRED TO AS
“ELGATO” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. ELGATO 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. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY ELGATO OR AN ELGATO AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT

SHALL ELGATO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION 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 ELGATO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no
event shall Elgato’s total liability 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.

8. Export Law Assurances. You may not use or otherwise export or reexport the Software except
as authorized by United States law and the laws of the jurisdiction in which the Software was
obtained. In particular, but without limitation, the Software may not be exported or re-exported
(a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq,
Libya, North Korea, Sudan and Syria), or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Software, you represent and warrant that you are not located in, under
control of, or a national or resident of any such country or on any such list.

9. Government End Users. The Software and related documentation are “Commercial Items”, as
that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and (b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright
laws of the United States.
10. Controlling Law and Severability. This License will be governed by and construed in
accordance with the laws of the Federal Republic of Germany. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder
of this License shall continue in full force and effect. 

11. Complete Agreement; Governing Language. This License 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 License will be binding unless in writing and signed by Elgato. Any
translation of this License 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 License shall govern.

12. MPEG-2 Notice. To the extent that the Software contains MPEG-2 functionality, the
following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER
PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD
FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY
PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2
PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250
STEELE STREET, SUITE 300, DENVER, COLORADO 80206, USA.