Vive Service and End User License Agreement

1. Scope & Acceptance. This Vive Service and End User License Agreement ("Terms") applies to your use of our web site whether you reach us directly on http://vive.qualcomm.com/ or indirectly, such as through Facebook (http://apps.facebook.com/getvive/) or another web page (the "Site") and your use of the Vive service (the "Service"). In some instances, using the Service requires that you install our software on your computer or device (the "Software"). By accessing our Site and in order to use the Service or install or use Software, you must agree to these Terms without modification by You. You may terminate these Terms at any time by uninstalling the Software (if any), cancelling your account with the Service, and no longer accessing our Site. Some provisions will continue to be effective after termination of these Terms. Likewise, we may modify or discontinue your right to access or use the Site, Service or the Software at any time and for any reason. The Site, Service and Software are offered by Qualcomm Services Labs, Inc. (hereinafter "we", "us" or "our").

2. Ownership and Authority to Bind All Users. The Service and the Software is intended for people at least 13 years of age. We do not intentionally or knowingly provide the Service to children under the age of 13 and if you are under the age of 13 you may not register for the Service and you are prohibited from installing the Software. In addition, you must either own the computer or device on which the Software will be installed, or you must be authorized by the owner of the computer or device to install it. You are responsible for any hardware, systems and/or software program(s) you use to access and use the Service and any associated fees and expenses to connect to or use the Internet.

3. Privacy. We encourage you to review our privacy policy which can be found at vivemobile.com/privacy-policy.jsp ("Privacy Policy"). By agreeing to these Terms you are also agreeing to our Privacy Policy. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in the United States. By installing the Software or using the Service you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Site or Service, or have installed the Software.

4. Registration. To use the Service, you must register by providing certain information, which may include your username, password, first name, last name, email and/or mobile telephone number ("Registration Info"). It is your responsibility to provide accurate Registration Info and to update your Registration Info as necessary to keep it accurate. We will use your Registration Info as set forth in our Privacy Policy.

Your username and password provides access to your personal account information on our Site. Therefore if you share your username and password, or your username and password otherwise becomes known to a third party (either with or without your permission), such third party could access or view your activities with the Service. It is solely your responsibility to maintain the secrecy of your username and password and you agree that you will not allow others to use your username and password. You agree to notify us immediately if your user name or password has been disclosed to any third party or if there has been any unauthorized use of your account. We shall not be responsible for any losses arising out of the unauthorized use of your username, password, or account and you agree to indemnify and hold harmless us, our partners, corporate parent, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your username, password, or account.

5. Recognition Program. The Site and/or Service may enable you to obtain loyalty points or badges for use or activity with the Site or Service. You acknowledge and agree that any loyalty points or badges offered or granted by us are in our sole and absolute discretion, have no monetary value, and are for entertainment purposes only. Any rewards, gifts, or any other items offered by third parties are solely offered by the third-party and not us. We assume no liability for the performance of any reward, gift, or other item offered by a third party.

6. Recommendations, Ratings, & Other User Provided Content. The Site and the Service may allow you to make product or service recommendations, ratings, or provide other content or information ("Opinions"). You agree that any Opinions you provide, or Opinions of others that you use, are for your personal, non-commercial use and You take full responsibility (and absolve us of any responsibility and liability) for any Opinions You provide or Opinions of others that You use. If You make or otherwise provide Opinions through our Site, Service, or Software You agree:

1. To not impersonate any other person;
2. To disclose in your Opinion any compensation you have received or expect to receive by providing the Opinion including whether you received the product or service free of charge or at a reduced charge;
3. To disclose in your Opinion any affiliation you may have with the manufacturer or distributor of the product or service (such as if you are an employee, consultant, contractor, or vendor to the manufacturer or provider of the product or service);
4. To not provide any Opinion you know or believe may be false, misleading, unfair, deceptive, untruthful, inaccurate, or omits material information;
5. To not provide any Opinion that is unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, tortious, obscene, offensive, or profane;
6. To not provide any Opinion that constitutes Spam, including unauthorized or unsolicited advertising, junk, or bulk email;
7. To not provide any Opinion that violates any intellectual property right including, but not limited to, any patent, copyright, trademark, service mark, trade secret, right of publicity, or any other right of any other person or entity;
8. To not provide any Opinion that violates any confidentiality or contractual obligation You may have; and
9. To not provide any Opinion that links to or contains viruses, spyware, adware, malware, or any other computer code or files that are designed or intended to damage, disrupt, interfere, limit or otherwise hinder the functioning of any software, hardware, computer, system, or device or obtain unauthorized access to any software, files, data, information hardware, computer, system, or device.

We do not guarantee that we will post or make available on the Site or through the Service any Opinions you provide. Opinions include contributions from various sources over which we have no control (including any content submitted by third party users). We do not pre-screen or exercise editorial control over Opinions, and take no responsibility for such Opinions. We reserve the right to edit or remove Opinions at any time and in our sole discretion, including, but not limited to, those that are in breach of these Terms. We will not be liable in relation to the removal of, or failure to remove, any Opinions.

7. Scope of License and License Restrictions. When you register to use the Service, we grant you a personal, limited, non-transferable, non-sublicenseable, non-exclusive copyright license, solely for your own personal, non-commercial purposes, to install the Software on one computer or device and use the Software as it is delivered to you for the sole purpose of receiving the Service. These are your only rights with regard to the Software. You may not decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce the Software into source code form. All communications between us and the Software and the content stored on our computer servers and in the Software includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Software in the ordinary course of operation. You do not have the right to create derivative works of the Software. Nothing in these Terms shall be deemed to grant any right or license to You (expressly or by implication, estoppel, or otherwise), and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law, under any patents. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms.

8. Patent Policy Statement. We may own patent rights for the inventions embodied in the Software or Service. We will respect applicable conditions of the open source licenses for software included in our products regarding such patent rights. By using the Service, Site, or Software, or agreeing to these Terms, we are not granting you any right, title, interest, or license in or to any of our patents or patents of our affiliates including but not limited to those related to (a) system on chip devices or chipsets, including without limitation virtual models thereof, or (b) any proprietary software that may be used or distributed by us or our affiliates or their respective customers, on system on chip devices.

9. Third Party Software included with this Software. Included with the aggregation of software provided to you, that is, the Software, there is software that is licensed and available to you which is subject to third party license agreements. To the extent that this License may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement. You will find these agreements and licenses in a folder called "about_files" in the Software you have received. Also, each bundle contains a top level about.html file with information and links to these licenses as appropriate.

10. Additional Terms for Forums, Blogs, & Other Interactive Media Features. Our Site or Service may provide one or more forums, blogs, or other interactive or social media features ("Forums") for users of our Site or Service to exchange information with each other and with us about the Site and Service (the "Purpose"). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

1. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a "Share" function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
2. Postings Not Necessarily the Opinion of Qualcomm. Some of the individuals posting to Forums work for us; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Qualcomm Services Labs, Inc.
3. Postings. Although we may attempt to keep objectionable messages off the Site and Service, it is impossible for us to review all messages. All messages express the views of the author, and we will not be held responsible for any message or associated content.
4. Your Responsibilities. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, uploading files, inputting data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
5. Be Forewarned. When using the Forums and viewing Postings, you need to be aware of the following issues:
   1. The Forums may include contributions from various sources over which We have no control (including any content submitted by third party users).
   2. We do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings.
   3. We reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality You owe us, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and we will not be liable in relation to the removal of, or failure to remove, any Postings.
6. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
7. License. By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.
8. Our Employees. If you are a Qualcomm Services Lab, Inc. employee, you must also follow the the Social Media Policy in your Postings.
9. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

11. Notices of Copyright Infringement. Notifications of claimed copyright infringement should be sent to Qualcomm Services Labs, Inc.'s Designated Agent in writing at the following address:

Qualcomm Services Labs, Inc.
Attn. Legal Department, Copyright Agent
5775 Morehouse Drive
San Diego, CA 92121-1714

Telephone Number of Designated Agent: (858) 845-1054
Facsimile Number of Designated Agent: (858) 845-1249
Email Address of Designated Agent: copyrightagent@qualcomm.com

To be effective, the Notification must include the following:

1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;
4. Information reasonably sufficient to permit us to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
5. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above we will remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the allegedly infringing material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to our Designated Agent at the above provided address that includes substantially the following:

1. A physical or electronic signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, we will provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that we will replace the removed material or cease disabling access to it within ten (10) business days. If our designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, we will restore the allegedly infringing material.

12. Links. The Site, Service or Software may provide links to third party web sites that we do not own or operate. Such links may include, but are not limited to, advertising, sponsorships, promotions, recommendations, or links to other third party content ("Third Party Sites"). We are not responsible for the content of, or activities conducted by, Third Party Sites and our provision of links to Third Party Sites is not an endorsement by us of the Third Party Sites or any products or services they may offer. Your access and use of Third Party Sites, and your purchase of any products or services from Third Party Sites, is governed by the terms and conditions required by the Third Party Sites - not us or these Terms. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any Third Party Sites or the products or services available through any Third Party Sites.

13. Site and Service Changes and Software Updates and Upgrades. We are continually trying to improve our Site, Service and Software. We reserve the right to modify, temporarily or permanently, the Site or Service (or any part thereof) with or without notice to you and without any liability to you or to any third party. There also may be instances where we need to discontinue all or any part of the Site or Service, with or without notice to you and without any liability to you or to any third party and we reserve the right to do so. The Software may communicate with Vive servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you agree that the Software may automatically check for updates, but we will seek your permission prior to installing any Updates. If you do not grant your permission, however, the Software may not function correctly and we undertake no obligation to maintain the Service to function with prior versions of the Software or without the acceptance of one or more Updates. Notwithstanding the foregoing, we have no obligation to make available to you any subsequent versions of the Site, Service or Software.

14. Indemnity. You agree to indemnity, defend, and hold harmless us and our subsidiaries, affiliates, licensors, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of or access to the Site, Service, or Software or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

15. DISCLAIMER OF WARRANTY. ACCESS TO AND USE OF THE SITE, SOFTWARE, AND SERVICE IS AT YOUR OWN RISK. WE PROVIDE THE SITE, SOFTWARE, AND SERVICE ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR LICENSORS ALSO DISCLAIM ALL LIABILITY WITH REGARD TO: (I) YOUR ABILITY TO ACCESS THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, (II) YOUR VIEWING OF ANY WEB PAGES THAT MAY BE AVAILABLE BY LINK OR OTHERWISE, (III) ANY PRODUCTS OR SERVICES YOU MAY PURCHASE OR OBTAIN FROM ANY THIRD PARTY THAT MAY BE LINKED BY THE SITE, SOFTWARE, OR SERVICE, OR OTHER INFORMATION YOU RECEIVE WHEN USING THE SITE, SOFTWARE, OR SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. WE AND OUR LICENSORS MAKE NO WARRANTY THAT ACCESS TO THE SITE OR INFORMATION PROVIDED BY THE SITE, SOFTWARE, OR SERVICE IS OR WILL BE ACCURATE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OTHERWISE WILL MEET YOUR EXPECTATIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

16. LIMITATION OF LIABILITY. IN NO EVENT WILL WE, DISTRIBUTORS OF THE SITE, SOFTWARE, OR SERVICE, SUPPLIERS, ADVERTISERS, LICENSORS, OR THIRD-PARTY DEVELOPERS, OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF THE DOWNLOAD, USE, OR INABILITY TO ACCESS OR USE THE SITE, SOFTWARE, SERVICE, OR INFORMATION YOU RECEIVE WHEN USING THE SITE, SOFTWARE OR SERVICE. IN NO EVENT WILL THE MAXIMUM CUMULATIVE LIABILITY UNDER THESE TERMS, OR THE PRIVACY POLICY, EXCEED THE LESSER OF $100 OR THE REVENUE ACTUALLY RECEIVED BY US DIRECTLY ATTRIBUTABLE TO YOUR USE OF THE SITE, SOFTWARE, AND SERVICE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Protected Parties' liability shall be limited to the extent permitted by law.

17. Export Compliance. By downloading the Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR"), and sanctions programs, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC"), and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent, warrant and certify that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.

18. U.S. Government Restricted Rights. The Software and Service are provided with Restricted Rights. Federal, state and local governments agree to the terms and conditions of this commercial license.

19. Disputes and Mandatory Arbitration Clause

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.

You may opt out of Mandatory Arbitration within the first sixty (60) days of creating an account with us. Please contact us if you would like to opt out of Mandatory Arbitration. If you do not opt out within sixty (60) days of creating your account, you accept Mandatory Arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

a. The Federal Arbitration Act applies to these Terms. Any dispute, controversy or claim between us, regardless of whether the legal theory is based on these Terms, another common law theory, a statute or another ground, will be settled by neutral arbitrators before the American Arbitration Association (“AAA”). You can also bring any issues you may have to the attention of federal, state, or local government agencies and they can, if the law allows, seek relief against us on your behalf. This arbitration provision is not mandatory in the event of claims below the applicable small claims limit in your jurisdiction. You or we may bring any such small claims matters outside of the arbitration setting, provided they are not brought in a court of general jurisdiction.

b. Forum Selection and Applicable Procedure. Unless you and us agree otherwise, the arbitration will take place in the county of your billing address. For claims over $10,000 the AAA’s Wireless Industry Arbitration (“WIA”) rules will apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and a party may have the award reviewed by a panel of three new arbitrators. For claims of $10,000 or less, the complaining party can choose either the AAA’s Supplementary Procedures for Consumer-Related Disputes or individual action in small claims court. You can obtain procedures, rules and fee information from the AAA (www.ADR.org) or from us. Each of us may be required to exchange relevant evidence in advance. For claims of $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in-person hearing. To initiate arbitration under these Terms, contact the AAA, which will provide the necessary forms for you to submit. In the case of a conflict between any arbitration rules and these Terms, these Terms govern.

c. NO CLASS ARBITRATION. THESE TERMS DO NOT PERMIT CLASS ARBITRATIONS EVEN IF AAA OR WIA PROCEDURES OR RULES WOULD. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. IF THIS PROHIBITION ON CLASS ARBITRATIONS IS DEEMED UNENFORCEABLE UNDER APPLICABLE STATE LAW, THEN THE ENTIRE ARBITRATION CLAUSE SHALL BE DEEMED UNENFORCEABLE AND ANY CLASS CLAIMS SHALL BE BROUGHT AND ADJUDICATED IN A COURT OF COMPETENT JURISDICTION. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

d. Claim Notices. If you or we have a claim that arises from or relates to the Site, the services, your account, any prior account you had with us, your application, or the enforceability of these Terms, before initiating, joining, or participating in any lawsuit, arbitration, or other legal proceeding, the complaining party shall give the other party: (1) a written notice of the claim (referred to below as a “Claim Notice”), at least 30 days before initiating any such proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a lawsuit, arbitration, or other legal proceeding. Any Claim Notice directed to us shall be sent to Qualcomm Services Labs, Inc., Attn: Legal Department, 5775 Morehouse Drive, San Diego, California 92121. Any Claim Notice directed to you shall be sent to your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney’s office.

d. Use of Arbitration Award or Judgments in Subsequent Cases. An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.

e. Applicable Law. Except to the extent we've agreed otherwise in the provisions on arbitration, or as required by Federal law, these Terms and all disputes between us (whether or not based on these Terms) are governed by the laws of the state of your residence, without regard to that state’s conflict of laws principles.

20. General. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. We reserve the right to assign any and all of our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or otherwise. Except as described herein, you may not assign these Terms without our explicit consent. These Terms may change in the future. In such case, and when appropriate, we will obtain your consent prior to the new Terms. Sections 14 - 20 shall survive any termination or expiration of these Terms.

Vive, Vive Logo, and the Person Logo are trademarks of Qualcomm Services Labs, Inc.. All other marks are owned by their respective owners.

Effective: February 1, 2011