Harmonic ProMediaTM Carbon EULA IMPORTANT-READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Harmonic Inc. for use of certain Harmonic software product(s)/services provided or made available to you, subject to payment, which may include associated media, printed materials, copy protection devices, and "online" or electronic documentation ("SW SERVICE"). By installing, copying, or otherwise using the SW SERVICE (all within the limitations set forth in this EULA), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, DO NOT install or use the SW SERVICE. The SW SERVICE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SW SERVICE is licensed, not sold. 1. GRANT OF LICENSE. The SOFTWARE is licensed as follows: Subject to your payment of the applicable fee(s), Harmonic grants you a non-transferable, nonexclusive, limited license to install and use the SW SERVICE for your internal business purposes, and in accordance with the license key / entitlements and terms of this EULA, and not to exceed the scope of the license purchased (e.g., but not by way of limitation, permitted number of user accounts, time-based, or output). Use of the SW SERVICE may be verified through audit and/or reporting of certain information for purposes of invoicing and/or compliance. Notwithstanding the foregoing, the licenses granted herein exclude any license for patents reasonably necessary to practice or otherwise related to video compression technologies as standardized by the ISO/IEC Motion Picture Experts Group (MPEG), the ITU Telecommunication Standardization Sector (ITU-T), and/or the Society of Motion Picture and Television Engineers (SMPTE); audio compression as standardized by ISO/IEC MPEG; or RF modulation as standardized by DVB/ETSI. 2. RESPONSIBILITIES AND RESTRICTIONS. (a) Your Responsibilities. You are solely responsible for the development, content, operation, maintenance, and use of Your Content which includes but is not limited to the data, video, and images that you use with the SW SERVICE ("Your Content"). You must comply with all applicable laws regarding use of the SW SERVICE. (b) Restrictions. You may not reverse engineer, decompile, or disassemble the SW SERVICE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not sublicense, rent, lease, lend, or transfer the SW SERVICE in any manner or through any medium. You shall not use the SW SERVICE in such a manner that would subject the SW SERVICE to any GPL or similar license. You agree to comply with all laws and regulations that apply to the SW SERVICE required by U.S. or other governments, including but not limited to U.S. Export Administration Regulations and end-use restrictions in the country of destination. 3. TERMINATION. Without prejudice to any other rights, Harmonic may terminate this license and EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must cease use of the SW SERVICE, and if applicable return or destroy any and all SW SERVICE copies. 4. OWNERSHIP. All right, title, and interest in and to the SW SERVICE, including any copies thereof are owned by Harmonic and/or its licensors. All rights not expressly granted are reserved by Harmonic. All title and intellectual property rights in and to the content which may be accessed through use of the SW SERVICE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content. 5. COMMERCIAL ITEM - U.S. GOVERNMENT RIGHTS. The deliverable is a "commercial item" as set forth in 48 CFR 2.101 or 48 CFR 227.7102, including the SW SERVICE which consists of commercial computer software and/or commercial computer software documentation as defined in 48 CFR 12.212 (Sept. 1995) or 48 CFR 227.7202 (June 1995), and 48 CFR 12.211 (Sept. 1995). The Government shall acquire only the same rights as customarily provided to the public. Manufacturer is Harmonic Inc., 4300 N. First Street, San Jose, CA 95134 USA. 6. NO WARRANTIES. Harmonic expressly disclaims any warranty for the SW SERVICE. THE SW SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. HARMONIC DOES NOT WARRANT THE OPERATION OF THE SW SERVICE TO BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SW SERVICE REMAINS WITH YOU. 7. LIMITATION OF LIABILITY. Regardless of whether any remedy set forth herein fails of its essential purpose, and to the extent permissible by law, in no event will Harmonic be liable to you for any direct, special, consequential, indirect, punitive, or similar damages, including any lost profits or lost data arising out of the use or inability to use the SW SERVICE even if Harmonic has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no case shall Harmonic's liability exceed the purchase price for the SW SERVICE. The disclaimers and limitations set forth above will apply regardless of whether you accept the SW SERVICE. 8. GENERAL. This EULA is governed by the laws of the State of California, U.S.A. 9. THIRD PARTY CONTENT. Software from Harmonic third party licensors may be contained in the SW SERVICE, and certain third party license notices are set forth below. The SW SERVICE may contain open source components; please contact Harmonic if you would like a list of such open source components. MPEG LA MPEG-4 AVC/H.264. As an end user of this equipment, you are responsible for obtaining all necessary licenses required from third parties, including third party patent pools such as Via Licensing Corporation and MPEG LA, LLC, and paying all fees required for your use of this equipment. Information regarding patent pools can be obtained at: www.mpegif.org. Via Licensing Corporation's website is located at: www.vialicensing.com. MPEG LA's website is located at: www.mpegla.com. The terms of the MPEG LA MPEG-4 AVC license requires Harmonic to provide the following notice: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. MPEG LA MPEG-4 Visual. THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM. MPEG LA VC-1. THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD ("VC-1 VIDEO") AND/OR (ii) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. Rev A Sept 2012