GRANT OF NON-EXCLUSIVE LICENSE

This Software Product is licensed, not sold. You are granted a personal, non-exclusive, non-transferable and limited right for a single user to use this Software Product. Each concurrent user of the Software Product must obtain an additional Software Product license. Certain features of this Software Product are limited only to registered account users or registered and paid users, and you are allowed to use these features only if you are using a registered user account or a registered and paid user account and the user account must remain effective at the time of your use. These registered or registered and paid features does not allow concurrent use and each concurrent user must obtain his/her own registered or registered and paid user account.

LICENSE LIMITATIONS.

The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by ViewSonic and/or its licensor(s). You are not permitted to:

1. work around any technical limitations in the Software Product or to use the Software Product in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in Software Product;

2. tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities;

3. reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software Product, except and only to the extent that applicable law expressly permits, despite this limitation;

4. rent, lease, lend, distribute or in any way transfer any rights in this EULA or the Software Product to any third party without ViewSonic’s prior written approval provided that such successor agrees to the terms of this EULA and the initial user shall not retain any copies of the Software Product;

5. modify or make any derivative works or copies of the Software Product, in whole or in part;

6. remove any proprietary notices or labels on the Software Product or any copy thereof; or

7. make any use of the Software Product in any manner not permitted by this EULA.

8. disclose or give others your registered or registered and paid user account information whether in public or in private, or in any way allow others to use your registered or registered and paid user account.

INTELLECTUAL PROPERTY

The Software Product is protected by copyright and other intellectual property laws and treaties. Except for the license rights expressly set forth in this EULA, you are not granted or received any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing.

INDEMNIFICATION

You hereby agree to indemnify ViewSonic and its licensor(s) against and hold harmless ViewSonic and its licensor(s) from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of this EULA.

THIRD PARTY SOFTWARE

Third party software may be provided along with the Software Product subject to separate license agreement(s) from such third party(s). By using this Software Product, you agree to be bound and abide by the aforesaid separate license agreement(s). The license under this EULA does not apply to such third party software. ViewSonic and its Licensor(s) are not responsible for any third party software and shall have no liability for your use of third party software.

SUPPORT SERVICES

PRIVACY POLICY

1. Applicability

   This clause is not applicable to personal information collected in the European Union (EU), European Economic Area (EEA) or the United Kingdom (UK), or obtained in any manner from these jurisdictions. If you are an individual in the EU, EEA or the UK, your privacy rights will be subject to the General Data Protection Regulation (EU) or the United Kingdom General Data Protection Regulation (UK GDPR) as applicable, as stated in Appendix One.

2. Purpose

   When you use the Software Product, ViewSonic and/or its authorized third party service provider may collect, store and run statistics and carry out analysis based on the use condition and information of the Software Product by you, which is purported to analyze the use condition of the Software Product, monitor market share, and improve services and to provide automatic software upgrade, so that ViewSonic can improve product, provide best user-friendly experience and personalized content to users. ViewSonic will take necessary protective measures, to protect your personal information. You can choose not to provide personal information or choose to provide part of personal information, but under such circumstance ViewSonic will not be able to provide product or services to you, or the product function and services provided by ViewSonic will not be able to meet the general requirements of the market.

3. Way

   In order to better improve the Software Product, when user clicks the Software function button, the Software Product will record user’s operation behavior; under the condition that individual user’s privacy information is not disclosed illegally, ViewSonic or its authorized third party service provider has the right to analyze the database of operation behaviors of all users, and use the data of user’s operation behaviors for commercial purpose. Here are some examples of how ViewSonic and its authorized third party service provider may collect personal information and how ViewSonic and its authorized third party service provider may use such information:

   1. When user creates a user account, purchases product, downloads and updates the Software, or participates in online survey, ViewSonic may collect various information, including but not limited to user’s name, mailing address, telephone number, email address, contact information, mac address, IP address, preference, bank card, hardware specification, and Windows version.

   2. In accordance with laws, ViewSonic may, during the individual user real-name certification procedures, request user to provide authentic and valid identity certificate issued by the relevant government authority, but such request only applies to a small number of cases.

4. Use

   1. By using the personal information so collected, ViewSonic can notify user of the release of the latest product, software update and activities and provide automatic software update.

   2. ViewSonic will also use personal information for the following purposes: help ViewSonic to create, develop, operate, provide and improve ViewSonic’s product, services, content and advertising, and other normal and reasonable commercial activities.

   3. ViewSonic may use personal information to send important notices, for example, information about product purchase, and change in terms, conditions and policies. Given that such information is critical to the communication between user and ViewSonic, in principle user cannot refuse to receive such information, unless user ceases to use the Software.

5. Collection and Use of Non-personal Information

   1. ViewSonic also collects and uses data that cannot be directly linked to any specific person (i.e. non-personal information).

   2. ViewSonic can collect, use, transfer and disclose non-personal information for any purpose.

   3. Here are some examples of How ViewSonic and its authorized third party service provider may collect non-personal information and how ViewSonic and its third part service provider may use such information: ViewSonic may collect information such as occupation, language, zip code, area code, unique device identifier, referral URL, location and user’s time zone when using the Software, so that ViewSonic can better understand user’s behavior, improve ViewSonic’s product, services and advertising.

   4. ViewSonic may collect information generated when user logs on and does retrieval in the Software Product. ViewSonic will summarize such information, to help ViewSonic to provide more useful information to user and to help ViewSonic to know which part of ViewSonic’s product and services user is most interested in, so that ViewSonic can improve the service quality and make it more relevant.

6. Disclosure to Third Parties

   ViewSonic may not sell user’s personal information to a third party. However, ViewSonic may disclose user’s personal information or appoint a third party service provider to collect, store and process user’s personal information under the following circumstances:

   1. Disclosure with express consent: VIEWSONIC may, after obtaining express consent from user, share user’s personal information with a third party. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH VIEWSONIC’S AUTHORIZED THIRD PARTY SERVICE PROVIDER.

   2. Disclosure to VIEWSONIC’s affiliated company: user’s personal information may be shared with VIEWSONIC’s affiliated company. As a policy, VIEWSONIC may only disclose necessary data. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH VIEWSONIC’S AFFILIATED COMPANY.

   3. Disclosure to authorized partner (hereinafter referred to as “Partner”): if VIEWSONIC’s certain services are provided by Partner, ViewSonic may share user’s certain personal information with Partner, in order to provide better customer services and user experience. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH PARTNER.

   4. Disclosure based on legal or reasonable grounds: where laws, legal procedures, litigation, or public authorities and government departments request, for example, personal information is involved in sensitive events such as national security and society stability, ViewSonic may disclose user’s personal information. In addition, if ViewSonic is reorganized, merged or sold, ViewSonic may transfer all personal information as collected by ViewSonic to the relevant third party.

7. Protection Measures

   ViewSonic attaches great importance to the safety of user’s personal information. ViewSonic will take necessary measures, such as transmission encryption technology, to protect user’s personal information in the transmission process.

   When ViewSonic stores your personal data, ViewSonic uses compute system with limited access and such system is deployed in the facilities that are protected by physical security measures.

DISCLAIMER OF WARRANTIES

LIMITATION OF DAMAGES AND LIABILITIES

HIGH RISK ACTIVITIES

GENERAL

Governing LAWS AND JURISDICTION

CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact ViewSonic for any reason, please direct correspondence:

Company: ViewSonic Corporation Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA https://support.viewsonic.com/support/home

INTRODUCTION

If you are an individual in the EU or EEA or UK, your privacy rights are subject to the following under the General Data Protection Regulation (the “GDPR”) and relevant national data protection laws. References herein to the GDPR shall be taken to be references to the UK GDPR for individuals in the jurisdiction of the UK. The GDPR and UK GDPR are substantially similar.

At ViewSonic we take protecting the confidentiality and personal information of our partners and customers seriously, and with this in mind we adhere to the following Privacy Policy and provide the following information in accordance with Art. 13 and Art. 14 of the GDPR.

You may be using the Software Product through your respective organisation (e.g. school, company or institution). According to the GDPR, your organisation is the controller when they make the Software Product available for your use. Your data is processed under the responsibility of your organisation, depending on the Software Product usage. We (ViewSonic Corporation) are then a data processor. This means that we process the data exclusively upon the instructions of your organisation. Your organisation as the responsible body continues to bear the responsibility for confidential and compliant data processing. The data that we process on behalf of your organisation and receive from your organisation is processed exclusively based on an appropriate legal basis. You can find this in the privacy policy of your respective organisation. There you will also find further information about the processing, e.g. recipients of the data, storage period, etc. In the following, we name further processing that exists through the use of the Software Product and for which you can also take information from the privacy policy of your organisation. They are listed here again for your information. Please note the use of the Software Product always involves a third country transfer. We do not mention this in each processing activity below, but rather inform you here that each processing step of the Software Product requires a third country transfer due to the operation and maintenance of the Software Product. The collected data may be transferred to the US and Taiwan. Standard Contractual Clauses are in place for this transfer to ensure adequate data protection standards.

THE RESPONSIBLE PARTY

The responsible party within the meaning of data protection laws, in particular the GDPR, for processing activities were ViewSonic Corporation is the controller is:

YOUR DATA SUBJECT RIGHTS

You can exercise the following rights at any time using the contact details provided by our data protection officer:

• Information about your data stored by us and its processing (Art. 15 GDPR),
• Correction of incorrect personal data (Art. 16 GDPR),
• Deletion of your data stored by us (Art. 17 GDPR),
• Restriction of data processing, unless we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR),
• Objection to the processing of your data by us (Art. 21 GDPR) and
• Data portability, insofar as you have consented to the data processing or have concluded a contract with us (Art. 20 GDPR).

If you have given us consent, you can revoke it at any time with effect for the future.

You may at any time lodge a complaint with a supervisory authority, e.g. the competent supervisory authority in the federal state, province, or country of your residence or the authority responsible for us as the controller.

YOUR ACCOUNT THROUGH YOUR ORGANISATION

If you are using the Software Product through your organisation the following may be applicable:

1. Registration of an account directly

   Nature and purpose of processing: When you create an account for using TeamOne, the following data is processed:

   • Your chosen TeamOne name
   • Your personal avatar, if you have chosen one
   • Your address, if you have indicated it
   • The time of your registration as well as the last change of your user data
   • Logging of accesses
   • Logging of failed login attempts and software errors
   • Notifications received, as well as information about which notification has already been seen/clicked on

   Other account information should be collected by ViewSonic Account. For the Terms of Use on ViewSonic Account, please reference here: [ViewSonic Account ToU here]. For privacy policy in ViewSonic Account, please reference here: [ViewSonic Account Privacy policy here]

   This data is used to log you into your account, maintain your account, communicate with you, bill you, allow you to use the Software Product, uphold our contractual obligations and if you have consented thereto, provide you with monthly reports, newsletters and similar material. If you are school administrator the data shall also be used for the purposes of the MSP Portal.

   Depending on whether you have chosen a subscription or not, we may be subject to various legal obligations regarding your subscription that entail data processing. These include, for example, requirements under tax laws and statutory accounting, the fulfilment of requests by external parties, e.g. the requirements of supervisory or law enforcement authorities, as well as the fulfilment of tax control and reporting obligations. Legal basis: The legal basis for the processing is Art. 6 (1) (a) GDPR, consent to the processing, and Art. (6) (1) (b) GDPR, fulfilment of a contract. Recipients: Recipients of the data are, if applicable, technical service providers who act as data processors for the operation and maintenance of the Software Product and your account and subscription. Depending on which payment method you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the payment service selected by you in the ordering process.

   Other recipients of your personal data are, for example, public bodies and institutions (e.g. tax authorities, law enforcement agencies) in the event of a legal or official obligation, tax advisors, business and payroll tax auditors (legal audit mandate). Storage period: Your organisation, as the data controller, is responsible for implementing all deletion deadlines. If you wish to delete your account, because you have withdrawn your consent to the processing, please use the “delete my account” option. Provision prescribed or required: The data collected on the basis of your consent is deleted as soon as it is no longer required for the purpose for which it was collected or you have withdrawn your consent. Should your account be inactive for a period of 3 year, we will delete the account and all related personal information, as it is deemed to be no longer

   required for the purpose for which it was collected. Alternatively, if you wish to delete your account, please use the “delete my account” option. We store data processed on the basis of a contract in our systems until the statutory retention periods have expired. These are generally 6 or 10 years for reasons of proper accounting and tax law requirements.

2. General Use of the Software Product

   Depending on which features your organisation uses, different data will be processed. The possible features and the data they could process are listed below.

YOUR ACCOUNT

1. Registration of an account directly

   Nature and purpose of processing: When you create an account for using TeamOne, the following data is processed:

   • Your chosen TeamOne name
   • Your role (e.g. Product manager/Owner, Program/Project manager, Engineer/Developer, Scrum master/Agile coach, UX researcher/Designer, Designer, PR/Communications, Operations, Sales/Sucess, Teacher/Student, Analyst/Data Scientist, HR/People, Writer/Editor, Strategist/Consultant, Team/Department leader or Other)
   • Your subscription
   • Your personal avatar, if you have chosen one
   • Your address, if you have indicated it
   • Your chosen settings, if you have indicated these, such as cloud integrations, themes, language, etc..
   • The time of your registration as well as the last change of your user data
   • Notifications received, as well as information about which notification has already been seen/clicked on

   This data is used to log you into your account, maintain your account, communicate with you, bill you, allow you to use the Software Product, uphold our contractual obligations and if you have consented thereto, provide you with monthly reports, newsletters and similar material.

   Depending on whether you have chosen a subscription or not, we may be subject to various legal obligations regarding your subscription that entail data processing. These include, for example, requirements under tax laws and statutory accounting, the fulfilment of requests by external parties, e.g. the requirements of supervisory or law enforcement authorities, as well as the fulfilment of tax control and reporting obligations. Legal basis: The legal basis for the processing is Art. 6 (1) (a) GDPR, consent to the processing, and Art. (6) (1) (b) GDPR, fulfilment of a contract. Recipients: Recipients of the data are, if applicable, technical service providers who act as data processors for the operation and maintenance of the Software Product and your account and subscription. Depending on which payment method you select in the ordering process, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the payment service selected by you in the ordering process.

   Other recipients of your personal data are, for example, public bodies and institutions (e.g. tax authorities, law enforcement agencies) in the event of a legal or official obligation, tax advisors, business and payroll tax auditors (legal audit mandate). Storage period: Your organisation, as the data controller, is responsible for implementing all deletion deadlines. If you wish to delete your account, because you have withdrawn your consent to the processing, please use the “delete my account” option. Provision prescribed or required: The data collected on the basis of your consent is deleted as soon as it is no longer required for the purpose for which it was collected or you have withdrawn your consent. Should your account be inactive for a period of 3 year, we will delete the account and all related personal information, as it is deemed to be no longer

   required for the purpose for which it was collected. Alternatively, if you wish to delete your account, please use the “delete my account” option. We store data processed on the basis of a contract in our systems until the statutory retention periods have expired. These are generally 6 or 10 years for reasons of proper accounting and tax law requirements.

2. Cloud Integrations

   When you integrate your chosen cloud provider and cloud, e.g. Microsoft Teams, OneDrive, your personal information is transferred between the respective third party and us. For example, we may receive your preferred settings, profile and contact information, information on your product usage, information on your scheduled Microsoft Teams their participants and content of your Microsoft Teams if you integrate Microsoft Teams with your Software Product. How these third parties deal with personal information depends on their respective privacy policies

   Legal basis: The legal basis for the processing is Art. 6 (1) (a) GDPR, consent to the processing.

   Recipients: Recipients of the data are the cloud provider you have chosen and, if applicable, technical service providers who act as data processors for the operation and maintenance of our Software Product.

   Storage period: The data is deleted as soon as it is no longer required for the purpose for which it was collected. Should your account be inactive for a period of 3 year, we will delete the account and all related personal information, as it is deemed to be no longer required for the purpose for which it was collected.

   Alternatively, if you wish to delete your account, please use the “delete my account” option.

   Provision prescribed or required: The provision of your personal data is not required by law or contract, but is necessary for the creation of an account for the Software Product. If you do not consent to the processing, you will not be able to integrate a cloud within the Software Product.

3. TeamOne monthly report Nature and purpose of processing: We wish to provide you an oversight of your monthly uses of the TeamOne features. In order to do so we track your use of the features and provide you with monthly statistics per email. Legal basis: The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent. Recipients: Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product. Provision prescribed or required: The provision of the aforementioned personal data is not required by law or contract. However, without this data, the service cannot be provided.

Boards Nature and purpose of processing

In order to use the Whiteboard some personal information from you is required. When you use the Whiteboard and its integrated features the following information may be processed:

• Your account
• Your chosen TeamOne name
• Your subscription
• Your personal avatar, if you have chosen one
• Your chosen settings, if you have indicated these, such as cloud integrations, themes, language
• Your use of the TeamOne Boards
• Your Boards content
• Your behaviour when interacting with the Board
• Your device specification

Legal basis: The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent. Recipients: Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product. Provision prescribed or required: The provision of the aforementioned personal data is not required by law or contract. However, without this data, the service and functionality of the Whiteboard cannot be guaranteed. In addition, individual features may not be available or may be restricted.

CUSTOMER SUPPORT

Nature and purpose of processing: Should you require technical support or have a query regarding any of the features of the Software Product we provide a Support function. In order to assist you with your support query we may have to process personal information, for example:

• Your support query
• Your myViewBoard account details
• Your contact details
• Information regarding your device
• Further information you provide to us

Legal basis and legitimate interest: The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in providing customer support, eliminating technical issues within the Software Product, and learning from any technical issues in order to improve the functionality of the Software Product.

Recipients: Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product. Provision prescribed or required: The provision of the aforementioned personal data is not required by law or contract. However, without this data, the service and functionality of our website cannot be guaranteed. In addition, individual services and services may not be available or may be restricted. Objection: Please read the information about your right to object according to Art. 21 GDPR below.

INFORMATION ABOUT YOUR RIGHT OF OBJECTION ACCORDING TO ART. 21 GDPR

Individual right of objection You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6(1)(f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims. Recipients of an objection ViewSonic Corporation Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA myviewboardsupport@viewsonic.com

CHANGES TO OUR PRIVACY POLICY

DATA PROTECTION

Introduction

1. These terms and conditions shall govern your use of the TeamOne (the “Application”).

2. By using our Application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you may not use our Application.

3. If you register on our Application we will ask you to expressly agree to these terms and conditions.

4. We will not collect child or minor information. If you are below the age defined by local requirement, you may not agree to these terms and conditions unless you have received parents (or guardian) consent.

Copyright notice

1. All rights reserved by ViewSonic Corporation and/or its affiliate or subsidiary companies. All other Corporate names and trademarks are the property of their respective companies. All prices and specifications are subject to change without written notice. Images are for illustrative purpose only. Offers and programs may vary by country. Terms & Conditions Apply. Copyright © ViewSonic Corporation 2024. All rights reserved.

2. Subject to the express provisions of these terms and conditions:

   a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

   b) (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Your content:

1. You warrant and represent that your content will comply with these terms and conditions.

2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

   • a) be libelous or maliciously false;
   • b) be obscene or indecent;
   • c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
   • d) infringe any right of confidence, right of privacy or right under data protection legislation;
   • e) constitute negligent advice or contain any negligent policy;
   • f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
   • g) be in contempt of any court, or in breach of any court order;
   • h) be in breach of racial or religious hatred or discrimination legislation;
   • i) be blasphemous;
   • j) be in breach of official secrets legislation;
   • k) be in breach of any contractual obligation owed to any person;
   • l) depict violence in an explicit, graphic or gratuitous manner;
   • m) be pornographic, lewd, suggestive or sexually explicit;
   • n) be untrue, false, inaccurate or misleading;
   • o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
   • p) constitute spam;
   • q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
   • r) cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties

1. We do not warrant or represent:
   • a) the completeness or accuracy of the information published on our Application;
   • b) that the material on the website or Application is up to date; or
   • c) that the website or any service on the website or Application will remain available.

2. We reserve the right to discontinue or alter any or all of our services, and to stop publishing our Application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the website or Application.

3. To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Application and the use of our Application.

Limitations and exclusions of liability

1. Nothing in these terms and conditions will:
   • a) limit or exclude any liability for death or personal injury resulting from negligence;
   • b) limit or exclude any liability for fraud or fraudulent misrepresentation;
   • c) limit any liabilities in any way that is not permitted under applicable law; or
   • d) exclude any liabilities that may not be excluded under applicable law.

2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

   • a) are subject to Section 10.1; and
   • b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

3. To the extent that our Application and the information and services on our Application are provided free of charge, we will not be liable for any loss or damage of any nature.

4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6. We will not be liable to you in respect of any loss or corruption of any data, database or software.

7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or Application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
   • a) send you one or more formal warnings;
   • b) temporarily suspend your access to our Application;
   • c) permanently prohibit you from accessing our Application;
   • d) block computers using your IP address from accessing our Application;
   • e) contact any or all of your internet service providers and request that they block your access to our Application;
   • f) commence legal action against you, whether for breach of contract or otherwise; and/or
   • g) suspend or delete your account on our Application.

2. Where we suspend or prohibit or block your access to our Application or a part of our Application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

1. We may revise these terms and conditions from time to time.

2. The revised terms and conditions shall apply to the use of our Application from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

1. Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Application and shall supersede all previous agreements between you and us in relation to your use of our Application.

Law and jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with English law.

2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Our details

1. This website is owned and operated by ViewSonic Corporation and/or its affiliate or subsidiary companies.

2. ViewSonic Corporation is a company registered in Delaware, USA, with its principal place of business at 10 Pointe Drive, Suite 200, Brea, CA 92821, USA..

3. You can contact us:

   • a) by post, to the postal address given above;
   • b) using our website contact form;
   • c) by telephone, on the contact number published on our website