End-User License Agreement (EULA)

Generally.

Transcend Information, Inc. ("Transcend") is willing to grant the following license to

use the software and/or firmware (“Licensed Software”) pursuant to this End-User

License Agreement (“Agreement”), whether provided separately or associated with a

Transcend product (“Product”), to the original purchaser of the Product upon or with

which the Licensed Software was installed or associated as of the time of purchase

("Customer") only if Customer accepts all of the terms and conditions of this

Agreement. PLEASE READ THESE TERMS CAREFULLY. USING THE

LICENSED SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF

THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT

AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT

INSTALL OR USE THE LICENSED SOFTWARE.

License Grant.

Transcend grants to Customer a personal, non-exclusive, non-transferable, non-

distributable, non-assignable, non-sublicensable license to use the Licensed Software

on the Product in accordance with the terms and conditions of this Agreement.

Intellectual Property Right.

As between Transcend and Customer, the copyright and all other intellectual property

rights in the Licensed Software are the property of Transcend or its supplier(s) or

licensor(s). Any rights not expressly granted in this Agreement are reserved to

Transcend.

License Limitations.

Customer may not, and may not authorize or permit any third party to: (a) use the

Licensed Software for any purpose other than in connection with the Product or in a

manner inconsistent with the design or documentations of the Licensed Software; (b)

license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the

Licensed Software or use the Licensed Software in any commercial hosted or service

bureau environment; (c) reverse engineer, decompile, disassemble or attempt to

discover the source code for or any trade secrets related to the Licensed Software,

except and only to the extent that such activity is expressly permitted by applicable

law notwithstanding this limitation; (d) adapt, modify, alter, translate or create any

derivative works of the Licensed Software; (e) remove, alter or obscure any copyright

notice or other proprietary rights notice on the Licensed Software or Product; or (f)

circumvent or attempt to circumvent any methods employed by Transcend to control

access to the components, features or functions of Licensed Software or the Product.

Copying.

Customer may not copy the Licensed Software except that one copy of any separate

software component of the Licensed Software may be made to the extent that such

copying is necessary for Customer's own backup purposes.

Disclaimer.

TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF

VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE

INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR

ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"

WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY DISCLAIMS

ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS

INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING

OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE

OR ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR

INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH

WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,

EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

Limitation of Liability.

IN ANY CASE, TRANSCEND'S LIABILITY ARISING OUT OF OR IN

CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL

AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY CUSTOMER

FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will

apply to the maximum extent permitted by applicable law. Some jurisdictions do not

allow the exclusion or limitation of incidental or consequential damages, so the

exclusions and limitations set forth above may not apply.

Privacy.

Transcend may collect, process and use your personal information and/or non-

personal information through Firebase Analytics or otherwise.

Learn more details about Transcend’s Privacy Policy: https://www.transcend-

info.com/Legal/?no=1.

Learn about what and why personal information and/or non-personal information

would be collected when you use the Licensed Software :

https://www.transcend-info.com/Legal/?no=18

Termination.

Transcend may, in addition to any other remedies available to Transcend, terminate

this Agreement immediately if Customer breaches any of its obligations under this

Agreement.

Miscellaneous.

(a) This Agreement constitutes the entire agreement between Transcend and Customer

concerning the subject matter hereof, and it may only be modified by a written

amendment signed by an authorized executive of Transcend. (b) This Agreement will

be governed by the laws of the Republic of China, excluding its conflict of law

provisions. (c) If any part of this Agreement is held invalid or unenforceable, and the

remaining portions will remain in full force and effect. (d) A waiver by either party of

any term or condition of this Agreement or any breach thereof, in any one instance,

will not waive such term or condition or any subsequent breach thereof. (e) Transcend

may assign its rights under this Agreement without condition. (f) This Agreement will

be binding upon and will inure to the benefit of the parties, their successors and

permitted assigns.