Vuzix Corporation Vuzix Software Development Kit License Agreement In order to begin your download, you must agree to this license agreement. Please read it carefully and click on the Accept button to begin your download. 1 - License Vuzix Corporation ("Vuzix") grants you a non-exclusive, nontransferable, royalty-free license to use this Vuzix Software Development Kit (the "SDK"), mainly including sample source code (the "Sample Code"), documentation files (the "Documentation") and Application Program Interface (the "API"). Under this License, You MAY (i) use, modify, and incorporate all or portions of the Sample Code and API into Your own programs (the "User Programs"); (ii) distribute the Sample Code in object code format and API in DLL format only as substantially modified or only as part of the User Programs; (iii) use the SDK subject to end user license agreement or conditions stated on the documentation, respectively. (iv) use the SDK solely for the purpose of internal development. You MAY NOT (i) distribute the SDK as a stand-alone product without any modification; (ii) sell, sublicense, rent, loan, lease or assign the SDK and the documentation to any third party; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SDK or (iv) breach or violate the Terms of Use subject to Section 2 of this Agreement; (v) use the SDK and the documentation to create any software or hardware which is substantially similar to Vuzix Software Development Kit, Vuzix Video Eyewear or other Vuzix products. 2 - Terms of Use Please strictly comply with the terms set forth below under this SDK License Agreement: (i) All or portions of the Sample Code, API and documentation may be distributed with User Programs to Your customers under the terms of Your end user license agreement, provided it includes terms that are substantially similar to those applicable to the Sample Code and API, as described herein; (ii) You are required to include Vuzix' copyright notices "Some of the API included in this software is copyrighted and is proprietary of Vuzix Corporation" in User Programs which include all or portions of the SDK. (iii) You shall use your reasonable best efforts to provide Vuzix an executable copy (object code) of each User Program, where the SDK is used. All such User Programs received will kept for internal evaluation and testing within Vuzix Corporation only. 3 - Intellectual Property Rights This SDK is copyrighted and is proprietary products of Vuzix Corporation. You agree to protect Vuzix' copyright and other ownership interests in all items in this SDK. You agree that all copies of items in this SDK reproduced and distributed by You subject to the terms of this Agreement will contain the same copyright, trademark, and other proprietary notices as appropriate and appear on or in the master items delivered by Vuzix in this SDK. Except as stated herein, this Agreement does not grant You any rights or other licenses, express or implied, by estoppel or otherwise to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in this SDK. 4 - Limitation of Liability IN NO EVENT WILL VUZIX BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SDK, EVEN IF VUZIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. 5- Disclaimer of Warranty Vuzix licenses the SDK to You only on an "AS IS" basis, without any requirement for Vuzix to provide any technical support, and does not warrant the uninterrupted or error free operation of the SDK. With respect to the SDK, Vuzix makes no representation as to their adequacy for any particular purpose or to produce any particular result. Vuzix disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Vuzix shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of User Programs. Vuzix does not and cannot warrant the performance or results you may obtain by using the SDK. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. 6 - Indemnification You agree to indemnify, hold harmless, and defend Vuzix from and against any claims or lawsuits, including attorneys' reasonable fees, that arise or result from the use or distribution of User Programs containing the Sample Code, provided that Vuzix gives You prompt written notice of any such claim, tenders to You the defense or settlement of such a claim at Your expense, and cooperates with You, at Your expense, in defending or settling such claim. 7 - Duration This License shall continue for as long as you use the Software, except that it will terminate if You fail to comply with any term or condition of this Agreement. Upon such termination, or in order for You to terminate this Agreement, You agree to: (a) Immediately return all full and partial copies of the SDK to Vuzix or destroy all User Programs which have contained Sample Code. (b) Immediately cease any further distribution of your User Programs that contain any portions of the SDK. If this License is terminated for any reason, the provisions of Sections 1, 2, 3, 4, 5, 6, 7(b) and 8 shall survive such termination. 8 – Export Restrictions The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. 9 - Miscellaneous This Agreement is governed by the laws of the State of New York, USA. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between us relating to the subject matter of this Agreement.

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