Qualcomm Product Kit License Agreement

“licensed software”: (i) the file or group of software (except for the reference design or software governed by a separate written license agreement) that downloads LICENSEE with permission from a QTIL customer support website, or (ii) that QTIL provides through other means to LICENSEE (in accordance with this agreement) which, at QTIL`s sole discretion, may be available in source code and/or code. “Licensed software” includes limited-use software. (a) LICENSEE provides QTIL with a written e-mail notification to qct.sublicense-approval-external@qti.qualcomm.com indicating the name and address of this subcontractor and the associated software, software support and/or documentation granted; “Fee-Bearing Software,” a licensed software that does not require a software license key, but is subject to the payment of one-time royalties and/or unit or other incremental royalties to QTIL, a QTIL distributor or a QTIL partner related to the commercial use of this licensed software in a license product, as indicated in the PKLA product kit information or as otherwise indicated by QTIL, a QTIL distributor or a QTIL partner to a QTIL licensing partner. A PKLA product kit may contain DivX, Inc. software. This contract does not offer a licence and does not involve any right to use or distribute DivX, Inc. Software under the copyright or other intellectual property rights of DivX, Inc., and this software cannot be integrated into wireless end-user products or cannot be released without a separate license from DivX, Inc. LICENSEE is solely responsible for obtaining an independent license from DivX, Inc. for this use. 7.1.

Duration. This agreement and certificates issued for this purpose will begin on the effective date and will continue until the end of this section 7 (“Duration”). Licensed software provided as part of PKLA product kits may contain certain audio and video coding technologies. The agreement does not provide a license and does not involve any right to use patents or other third-party intellectual property rights. VIA Licensing and MPEGLA are publicly represented after being mandated to manage implementation licenses on behalf of patent holders for audio and video coding technologies for MPEG-2, MPEG4, AAC, AVC/H.264, VC-1, MPEG-4 Visual and some MPEG4 video profiles.

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