Legal

PacketVideo, PV, TwonkyMedia, TwonkyManager, TwonkyServer, TwonkyMedia mobile manager, TwonkyServer mobile, TwonkyMedia Gamer’s Package, CORE, MediaFusion, PVConnect, pvPlayer, pvCamcorder, and pv2way are trademarks or registered trademarks of PacketVideo Corporation. All other trademarks are the property of their respective owners.

PacketVideo Legal Notice for www.twonky.com; October, 2010

Welcome to PacketVideo Corporation’s Twonky Web Site (“Site”). By using this Site you agree to comply with and be bound by this Terms of Use Agreement (“Agreement”). Therefore, please review the Agreement carefully. If you do not agree with the Agreement do not use this Site.”

Acceptance. By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and PacketVideo. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall control.

Amendments. This Agreement may be amended by PacketVideo from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.

Limited Right to Use. The Site and the contents herein are the intellectual property of PacketVideo and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sublicense, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received PacketVideo’s express written permission for such use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by PacketVideo. Intellectual Property Notice. All web site design, text, graphics, the selection and arrangement thereof, and software are the copyrighted works of PacketVideo Corporation ® 2008. All Rights Reserved. PacketVideo, PV, the PacketVideo logo, and associated tag lines are trademarks of PacketVideo Corporation, which may be registered in some jurisdictions. All other trademarks used are owned by their respective owners.

Privacy Policy. Please review the PacketVideo privacy policy at http://twonky.com/privacy. By using this Site you agree that PacketVideo’s privacy policy is part of the Agreement and may be updated from time to time without specific notice to you.

Licenses. You agree that by purchasing products through the PacketVideo Store, you will be bound by any end user licenses accompanying the purchased product.

Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED “”AS IS”" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR PARTICULAR PURPOSE).

LIMITATION OF LIABILITY. IN NO EVENT WILL PACKETVIDEO BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF PACKETVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.

Indemnification. You agree to defend, indemnify and hold PacketVideo harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Site.

Links to other Websites. This Site contains links to other Internet sites and information provided by persons not affiliated with PacketVideo. Such links are not endorsements or referrals of any products, services or information contained in such sites, and no information in any such site has been endorsed or approved hereby. Information provided and opinions expressed by others do not necessarily represent the opinion of PacketVideo, and . PacketVideo expressly disclaims any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned on this Site. Mention of these products, manufacturers or service providers does not constitute an endorsement by PacketVideo.

Governing Law. By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of San Diego County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California.

Technical questions or concerns about this Site should be directed to: webmaster@twonky.com.

Governing Law. By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of San Diego County, State of California, United States of America or, for matters involving federal jurisdiction, in the United States District Court for the Southern District of California.

Technical questions or concerns about this Site should be directed to: webmaster@twonky.com.