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ATTENTION: READ THIS BEFORE USING THE SOFTWARE

This End-user Licence Agreement (“EULA”) is a legal agreement between you, either an individual person or a single entity, and Bose Corporation (“Bose”, or “we”) that governs your use of the software that operates or works in conjunction with your Bose product (the “Software”). The Software includes Bose product software, Bose product firmware, Bose application software, Bose user interface software developed by Bose, and software developed by Bose that may be downloaded to your smartphone, tablet or other device. The Software also may be integrated with, or may otherwise interact with, third-party applications, websites and services or other third-party software and firmware as components (collectively, “Third-party Software”). The terms of this EULA also apply to Third-party Software unless such Third-party Software is subject to different licensing rights, as hereinafter indicated. The term “Software” shall also be deemed to include any associated diagnostic tools, media, printed materials, online or other electronic documentation, or telephone-based or on-site technical support services distributed or made available in connection with the Software.

A written amendment or addendum to this EULA may accompany the Software. The terms of this EULA and any amendment or addendum thereof shall also apply to any subsequent updates of the Software, including but not limited to firmware updates, bug fixes, patches, updates, enhancements and new versions of the Software, (collectively, "Updates") and to additional services that Bose may provide to you in connection with the Software, unless different licensing or service terms accompany those items. If so, those different licensing or service terms shall apply.

Bose may amend or make changes to this EULA if it distributes new versions of the Software to you (i.e. software or firmware upgrades). When these amendments or changes are made, Bose will make a new version of the EULA accessible to you. Your continued use of the Software confirms your acceptance of the EULA, as amended. If you do not agree to these amendments or changes, you must not use the corresponding new version(s) of the Software. Any amendment to or waiver proposed by you of the terms of this EULA requires express consent from Bose.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE. YOUR USE OF THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE COLLECTION, TRANSMISSION, STORAGE AND USE OF CERTAIN NETWORKING INFORMATION AND BOSE PRODUCT INFORMATION, INCLUDING WITHOUT LIMITATION DEVICE USAGE DATA AND DIAGNOSTIC DATA, VIA THE INTERNET TO SERVERS OWNED OR OPERATED BY BOSE OR ITS AFFILIATED THIRD-PARTY SERVICE PROVIDERS. SUCH ACTIVITIES MAY IN SOME CASES RESULT IN THE AUTOMATIC DOWNLOADING AND INSTALLATION, WITH OR WITHOUT NOTICE TO YOU, OF BOSE PRODUCT SOFTWARE OR FIRMWARE UPDATES ON YOUR BOSE PRODUCT OR YOUR SMARTPHONE, TABLET OR OTHER DEVICE.

You must be over the age of majority in your jurisdiction to use the Software, unless your parent or legal guardian agrees to this EULA on your behalf and grants you permission to use the Software. If you are agreeing to this EULA on behalf of an organisation or entity, you represent and warrant that you are authorised to do so. You represent and warrant that you are not barred from using or downloading the Software under applicable law, that you are not located in a restricted country or territory, that you are not currently listed on any United States or non-United States restricted parties list. You represent and warrant that you will not use or download the Software for any purpose prohibited by applicable law, or disguise your location through IP proxying or other methods. You represent and warrant that any registration and account information that you submit to Bose is true, accurate and complete, and that any registration and account information that you submit to Bose remains true and accurate while this EULA remains in effect.

1. LICENCE GRANT. Bose grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 USE. Bose hereby grants you a non-exclusive, limited, non-transferable, non-sublicensable, revocable licence to use the Software in the Bose product and on your smartphone, tablet or other device for your personal non-commercial use only. Except as otherwise expressly provided for in the case of certain Third-Party Software components, you may only use the Software in connection with operation of the Bose product you purchased or otherwise received lawfully as a transferee. Except as otherwise expressly provided for in the case of certain Third-party Software components, if you desire to use the Software for commercial purposes you must receive separate written permission from Bose. This licence grant is subject to, and conditional on your compliance with, the terms and restrictions set forth in this EULA.

1.2 DIAGNOSTIC SERVICES. If the Software includes code supporting diagnostic and/or debug reporting services such as that provided by Segment, Localytics, or another third-party diagnostic service provider (“Diagnostic Service Provider”), then the following provisions apply. You acknowledge and agree that this EULA is entered into by and between Bose and you only, and not with Diagnostic Service Provider or its worldwide affiliates, and that Bose, not Diagnostic Service Provider, is solely responsible and liable for the Software, including to the extent applicable: (i) any related maintenance and support, (ii) any and all express, implied or statutory warranties associated with the Software and (iii) any disputes or claims arising out of or related to the access and use of the Software. Irrespective of which country you live in, you authorise Bose to use your information in, and as a result to transfer it to and store it in, the United States and any other country where Bose or Diagnostic Service Provider operates. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.

1.3 RESTRICTIONS. Except as otherwise expressly provided for in the case of certain Third-party Software components, you may not copy, sublicense, make derivative works of, transfer or otherwise distribute the Software to any third party. Except as otherwise expressly provided for in regard to certain Third-Party Software components or as otherwise expressly permitted by applicable law, you may not modify, translate, reverse assemble, reverse engineer, decompile or disassemble the Software or any of its subcomponents without express written permission from Bose and you are granted no rights to authorise anyone else to modify, reverse engineer, disassemble, translate or make any copies of the Software. Notwithstanding anything in the foregoing to the contrary, you may transfer the Software to a third party in connection with the lawful sale or transfer of the Bose product containing the Software, but only provided that such third party agrees to be bound by the terms and conditions of this EULA.

1.4 RESERVATION OF RIGHTS. Except as otherwise expressly provided for in the case of certain Third-party Software components, no other licences or rights shall be deemed granted by implication, estoppel or otherwise. As between you and Bose, except as otherwise expressly provided for in regard to certain Third-party Software components, Bose retains all applicable rights in patents, copyrights, trademarks and trade secrets for the Software, all rights not expressly granted hereunder by Bose are expressly reserved by Bose or its licensors, and no other licence or right shall be granted to you by implication, estoppel or otherwise.

2. WIRELESS CONNECTIVITY, UPDATES AND INFORMATION

2.1 WIRELESS CONNECTIVITY. The Software implements wireless connectivity for the Bose product using the Wi-Fi® protocol and, in some product versions, the Bluetooth® and the Airplay protocols.¹ The Software can connect a Bose product to the internet via a local Wi-Fi enabled access point, such as a home wireless router. In performing these connectivity functions, the Software may collect, assign, store, display or transmit via the Internet to servers owned or operated by Bose or its affiliated third-party service providers information necessary or desirable for establishing, maintaining and operating wireless Internet connectivity for the Bose Product. These connectivity functions also include establishing, maintaining and operating wireless connectivity between a Bose product and your smartphone, tablet or other device via the Wi-Fi protocol and in some cases the Bluetooth or Airplay protocols.

2.2 UPDATES. The Software may check servers owned or operated by Bose or its third-party service providers for any Updates available for the Software. If Updates are available, the Software may either automatically download and install them with or without notice to you, or will provide you with the option of downloading and installing them. By using the Software, you consent to the collection, transmission, storage and use of the above described information and the downloading and installation of Updates for your Bose product.

2.3 PRIVACY. For information about our data practices, including our collection and use of your information, please see the Bose Privacy Policy. The Bose privacy policy applies to your use of the Software and is incorporated by reference into this EULA.

3. YOUR OBLIGATIONS

3.1 PERMISSIBLE USES. You agree to use the Software only for purposes that are permitted by (a) this EULA and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or Software to and from the United States or other relevant countries). Without limitation, you agree that you will not engage in any activity with the Software: that interferes with, disrupts, damages or accesses in an unauthorised manner the servers, networks, or other properties or services of any third party including, but not limited to, Bose, Apple or any wireless communications carrier; to abuse, defame, threaten, intimidate, stalk, harass or harm another individual; alter or tamper with any materials of or associated with the Software; to attempt to circumvent any technological measure implemented by Bose or any of our providers or any other third party (including another user) to protect or restrict access to the Software; to attempt to decipher, decompile, disassemble, or reverse engineer any of the Software or any other underlying code used to provide the Software; to disrupt, overwhelm, attack, modify or interfere with the Software or its associated hardware or servers in any way; to impede or interfere with others’ use of the Software; to impersonate any person or entity or perform any other similar fraudulent activity; to post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data or any other personal or private information from any user; to take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; to transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems; to violate, infringe or misappropriate other people’s intellectual property, privacy, publicity or other legal rights; to violate any law or regulation; or to advocate, encourage or assist any third party in doing any of the foregoing.

3.2 YOUR CONTENT. If you use the Software to display, perform, transmit or otherwise process any content (e.g. copyrighted music files) owned or possessed by you, you represent and warrant to Bose that you either own such content or have sufficient right and licence under applicable law to display, perform, transmit or otherwise process such content. Furthermore, you agree that you are solely responsible for (and that Bose has no responsibility to you or to any third party for) any breach of your obligations under this EULA, any applicable third-party contract or terms of service or any applicable law or regulation, and for the consequences (including any loss or damage which Bose or any third party may suffer) of any such breach.

3.3 USE OF THIRD-PARTY CONTENT SERVICES. If you use the Software to run applications or services developed by a third party or that access data, content or resources provided by a third party, you agree that Bose is not responsible for those applications, services, data, content or resources. You understand that all data, content or resources which you may access through such third-party applications are the sole responsibility of the person or entity from which they originated and that Bose is not liable for any loss or damage that you may experience as a result of the use or access of such third-party applications, data, content or resources. You should be aware that the data, services, content and resources presented to you through such a third-party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such data, services, content or resources (either in whole or in part) unless you have been specifically given permission to do so by the respective owners. You acknowledge that your use of such third-party applications, data, services, content or resources may be subject to separate terms between you and the relevant third party. In that case, this EULA does not affect your legal relationship with these third parties.

3.4 ACCOUNT REGISTRATION. You may be required to create an account to use parts of the Software. To create an account, you may need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign or sublicense your account without prior written approval from Bose. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Software by any person who uses your account, with or without authorisation. You agree to immediately notify Bose of any unauthorised use or any other breach of security of your account. Information submitted by you is governed according to the Bose Privacy Policy. You may not use anyone else’s account without the express permission and consent of the holder of that account.

BOSE WILL NOT BE LIABLE FOR LOSSES INCURRED AS A RESULT OF AN UNAUTHORISED USE OF YOUR ACCOUNT. BOSE SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS.

4. TERM AND TERMINATION. This EULA will continue to be in effect unless and until terminated by you or by Bose. If you want to terminate this EULA, you may do so by ceasing your use of the Software. Bose may, in its sole and absolute discretion, terminate this EULA. Notwithstanding anything in the foregoing to the contrary, and except as otherwise expressly provided for in the case of certain Third-party Software components, your rights with respect to use of the Software under this EULA shall terminate automatically in the event you fail to comply with any of the restrictions on use of the Software or with any other obligation under this EULA. Alternatively, Bose may, at its sole discretion, provide you with a written notice of an opportunity to cure any such non-compliance, either immediately or after a cure period not exceeding thirty (30) days of the date of Bose's written notice to you. Upon any termination of this EULA, except as otherwise expressly provided for in the case of certain rights in Third-party Software components, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software, whether made in accordance with this EULA or otherwise. If requested by Bose, you agree to provide a certificate evidencing such non-use. Bose may also terminate this EULA in the event it is required to do so by applicable law.

5. RESTRICTION ON ASSIGNMENT. Except as otherwise expressly provided for herein or in the case of certain Third-party Software components, the Software and this EULA may not be assigned, sublicensed, sold, pledged or otherwise transferred, and you may not allow this EULA to be assumed by a successor, whether voluntarily, by operation of law or otherwise, without prior written consent from Bose. Any purported assignment or assumption made in violation of this provision shall be null and void.

6. INTELLECTUAL PROPERTY. The Software is protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in this EULA and as otherwise expressly provided for in the case of certain Third-party Software components, Bose and its licensors exclusively own all right, title and interest in and to the Software, including all associated intellectual property rights. The Software is licensed, not sold. As between you and Bose, you acknowledge that the Software contains proprietary and confidential information and valuable trade secrets of Bose, which Bose has entrusted to you in confidence to use only as expressly permitted herein. This Software is not for sale, distribution, or inclusion with other products. You will not copy, reproduce, distribute, post, publish, upload, transmit, or encode any part of the Software to any computer server, third-party website or other medium for commercial purposes, without Bose’s express prior consent. For a full listing of Bose trademarks and trademark attributions of Bose and our third-party licensing partners, please see our Trademarks list.

7. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN WRITING BY BOSE IN CONNECTION WITH YOUR PURCHASE OF A BOSE PRODUCT, OR IN REGARD TO CERTAIN THIRD-PARTY SOFTWARE COMPONENTS, THE SOFTWARE AND ANY RELATED SERVICES ARE BEING PROVIDED TO YOU EXCLUSIVELY “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOSE EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR CONFORMANCE TO DESCRIPTION. SPECIFICALLY, BUT WITHOUT LIMITATION, BOSE DOES NOT WARRANT THAT: (i) THE SOFTWARE OR ANY DATA USED BY, OR ANY SERVICES INCLUDED IN, THE SOFTWARE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES OF THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; (iv) THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (v) IT WILL BE ABLE TO PROVIDE TECHNICAL SUPPORT OR ANY OTHER FORM OF SERVICE TO YOU; OR (vi) THAT USE OF THE SOFTWARE OR ANY ASSOCIATED SERVICES WILL NOT CAUSE LOSS OF DATA IN OR IMPAIR THE SECURITY OF YOUR NETWORK OR COMPUTER SYSTEMS. BOSE MAKES NO WARRANTY THAT BOSE WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SOFTWARE, AND BOSE RESERVES THE RIGHT TO MODIFY, UPDATE, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SOFTWARE WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. BOSE DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN USERS USE THE SOFTWARE OR THE FEATURES, SERVICES AND INTERFACES THE SOFTWARE PROVIDES, AND YOU AGREE THAT YOUR USE OF THE SOFTWARE, INCLUDING ANY ASSOCIATED SUPPORT OR OTHER SERVICES, IS ENTIRELY AT YOUR OWN RISK. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA OR YOUR USE OF THE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS AND USE OF THE SOFTWARE REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOSE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOFTWARE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SOFTWARE), ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SOFTWARE, WHETHER OR NOT BOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

IN ANY EVENT, BOSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SOFTWARE WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SOFTWARE OR, IF THE CLAIM DOES NOT RELATE TO A PAID PRODUCT OR SOFTWARE, $10.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE AMOUNTS PAYABLE HEREUNDER REFLECT THIS ALLOCATION OF RISK BETWEEN THE PARTIES. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BOSE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages, and where applicable the above limitations or exclusions shall apply to the maximum extent permitted by applicable law. Accordingly, the limitations in this Section may not apply to you.

8. INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Bose, its affiliates, and its and their respective officers, directors, stockholders, employees, contractors, suppliers, agents, and all successors and assigns of any of the foregoing, from and against any losses, claims, demands, damages, liabilities and/or reasonable expenses (including reasonable lawyer, accountant, other expert fees and costs of investigation and litigation) arising out of any breach of your obligations under this EULA or otherwise arising out of your use of, misuse of, or inability to use the Software. We reserve the right, at our expense, to assume the exclusive defence and control of such disputes and, in any event, you will cooperate with Bose in asserting any available defences.

9. CONFIDENTIALITY. Excluding Third-party Software subject to contrary free or open source licensing rights, you agree that you shall promptly notify Bose in writing if you are requested or required, by any governmental agency, any judicial or administrative proceeding or any law or regulation, to copy, transfer, reverse engineer, disassemble, or otherwise disclose any of the contents of the Software. In such an event, Bose shall be entitled to object to the disclosure, seek a protective order or pursue an alternative appropriate remedy, or to waive compliance with the applicable provisions of this EULA prior to the disclosure. If such protective order or other remedy is not obtained or Bose waives compliance with the applicable provisions of this EULA, you shall disclose only such elements of the Software as are legally required to be disclosed, and you shall use your best efforts to ensure that confidential treatment is accorded to the Software so disclosed.

10. THIRD-PARTY NOTICES

10.1 THIRD-PARTY SOFTWARE. The Third-party Software included in the Software is copyrighted to certain third-party licensors of Bose Corporation and your use of such Third-party Software may be subject to licensing terms and conditions that differ from those set forth in this EULA. Please refer to your Owner’s Manual for your product for instructions on how to view the licence disclosures applicable to your product.

10.2 THIRD-PARTY RIGHTS. You acknowledge that Bose is the intended beneficiary of this EULA and has the right to enforce this EULA directly against you. Other than set out in this section, there shall be no third-party beneficiaries to this EULA.

10.3 iOS APPLICATIONS. If you have downloaded any Software from the Apple Inc. (“Apple”) App Store, or if you are using any Software on an iOS device, you acknowledge that you have read, understood, and agree to the following additional terms regarding Apple: Bose grants you a non-transferable limited licence to use the iOS application for personal, non-commercial uses on any iOS-based device (including but not limited to iPhone, iPad and iPod devices) that you own or control and as permitted and restricted by the additional terms and conditions set forth by Apple Inc. (“Apple”) at (collectively, the “Apple Terms”). The terms iPhone®, iPad®, iPod® and iPod touch® are registered trademarks of Apple. This EULA is an agreement between you and Bose only, and not Apple, and that as between Bose and Apple, Bose, not Apple, is solely responsible for the Software and the contents thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. You may cancel your licence to the iOS application in exchange for a full refund of the purchase price (if any) at any time and for any reason within the 90-day period following the date of your original download. You may do this by giving notice to Apple in accordance with their terms and conditions. In the event of any failure of the iOS application to conform to any warranties implied by law, you may notify Apple, and Apple will refund to you the purchase price you paid for the iOS application, and Apple will have no other warranty obligation whatsoever with respect to the iOS application. Apple is not responsible for addressing any claims by you or a third party relating to the Software or your possession or use of the Software, including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Software’s use of the HealthKit and HomeKit frameworks. In the event of any third-party claim that the Software or your use of the Software infringes any third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement and discharge of any such intellectual property claim. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary of this EULA.

11. CONTROLLING LAW. This EULA and its subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. Any dispute arising out of this EULA or the use of or access to the Software shall be initiated and conducted in the state or federal courts of Middlesex County, Massachusetts, and you and Bose consent to the exclusive jurisdiction of such courts notwithstanding the foregoing, (a) if any court of competent foreign jurisdiction rules that the laws of the Commonwealth of Massachusetts shall not apply to this EULA, then the parties agree that the laws governing this EULA shall be the laws of the foreign jurisdiction in which you originally acquired the Software to the fullest extent permissible by local law, and (b) if the local law in the country or territory in which you reside or are located does not permit enforceability of foreign laws in connection with an adjudication of this EULA, then the parties agree that this EULA shall be governed by and construed in accordance with such local law.

12. GENERAL AND MISCELLANEOUS PROVISIONS

12.1. INJUNCTIVE RELIEF. You acknowledge and agree that remedies at law would be inadequate to protect Bose against any actual or threatened breach of this EULA by you, and you agree not to oppose the granting of equitable relief in favour of Bose (without proof of actual damages) in the event of any such actual or threatened breach (in addition to any remedies to which Bose may be entitled at law). You further agree to pay all reasonable costs and expenses of Bose (including lawyer, accountant and expert fees) in enforcing this EULA.

12.2 SEVERABILITY. If any term, provision, or portions thereof, of this EULA shall be found to be illegal or unenforceable then, notwithstanding, the remaining provisions of this EULA shall remain in full force and effect and such term or provisions shall be deemed stricken.

12.3 NOTICES. Any notices to Bose or other communications required or permitted hereunder shall be sufficiently given when delivered by hand and acknowledged thereof, or sent by postal or courier service that provides proof of delivery, postage prepaid, addressed as follows: Bose Corporation, The Mountain, Framingham, MA 01701; Attn: Legal Department.

12.4 WAIVER. Any failure or delay in exercising or enforcing any right under this EULA shall not operate as a waiver thereof; any waiver of any right under this EULA on any one occasion shall not be construed as a continuing waiver or waiver on any subsequent occasion; and any single or partial exercise of any right under this EULA shall not preclude any subsequent or further exercise of such right or of any other right under this EULA. No waiver of rights shall be effective unless in writing and signed by the party against whom the waiver may be asserted.

12.5 ENTIRE AGREEMENT. You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. Except as otherwise is expressly provided for in regard to certain Third-party Software subject to different licensing terms, you agree that this EULA is the complete and exclusive statement of the agreement between the parties and except as permitted or provided herein supersedes any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of this EULA. There are no prior representations, warranties or agreements between the parties relating hereto.

12.6 NO AGENCY. No agency, partnership, joint venture or employee-employer relationship is intended or created by this EULA, and you shall have no right or authority to assume or create any obligations or to make any representation on behalf of Bose, or to bind Bose in any respect.

12.7 EXPORT CONTROLS. You agree to comply with all applicable export and re-export laws, regulations, decrees and trade sanctions laws imposed by the government of the United States or any applicable foreign jurisdiction. You will not, directly or indirectly, cause the transfer, export or re-export of the Software without first obtaining all required export licences, assurances and other documentation.

12.8 GOVERNMENT RIGHTS. Any use, duplication, or disclosure of the Software by the U.S government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

12.9 HEADINGS. Headings and subheadings in this EULA are for convenience only and have no legal or contractual effect.

12.10 SURVIVAL. Any provision of this EULA that by its nature is reasonably intended to survive beyond the termination of this EULA shall survive any expiration or termination of this EULA.

12.11 LANGUAGE. This EULA is written in English (United Kingdom). Any translated version is provided solely for your convenience. To the extent that any translated version of this EULA conflicts with the English version of this EULA, the terms in the English version of this EULA control.

12.12 FORCE MAJEURE. Under no circumstances will Bose be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

¹ To use AirPlay, the latest version of iOS, iPadOS, or macOS is recommended. Airplay is a trademark of Apple Inc. Wi-Fi is a registered mark of Wi-Fi Alliance®. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Bose Corporation is under licence.

Ver. 22/12/2025