End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE OR ANY SOFTWARE AVAILABLE ON A HYPERX PRODUCT:

This End User License Agreement ("EULA") is an agreement between (a) you (either an individual or a legal entity) and (b) HYPERX Inc. ("HYPERX") that governs your use of the software that is either installed on the HYPERX Product or provided to you by HYPERX for use as a standalone product or with the HYPERX Product ("HYPERX Product"), and is not subject to the terms of any separate license agreement between you and HYPERX or its suppliers. "Software Product" includes application software, firmware, operating systems, drivers, and all other types of software, as well as any associated media, printed materials, and online or electronic documentation.

A MODIFICATION OR SUPPLEMENT TO THIS EULA MAY BE ACCOMPANIED WITH THE HYPERX PRODUCT OR SOFTWARE PRODUCT. IN THE EVENT OF A CONFLICT BETWEEN SUCH MODIFICATION OR SUPPLEMENT AND THIS EULA, THE TERMS OF THE MODIFICATION OR SUPPLEMENT WILL PREVAIL.

RIGHTS TO THE SOFTWARE PRODUCT ARE GRANTED ONLY ON THE CONDITION THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) TO THE RETAILER FROM WHICH YOU OBTAINED IT WITHIN 14 DAYS FOR A REFUND OF THE PURCHASE PRICE IN ACCORDANCE WITH THE REFUND POLICY.

THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE, OR JURISDICTION. IF YOU ACQUIRED THE HYPERX PRODUCT OR THE SOFTWARE PRODUCT AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER LAWS IN YOUR COUNTRY, STATE, OR JURISDICTION, THEN, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA SHALL AFFECT ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES YOU MAY HAVE UNDER SUCH CONSUMER LAW; THIS EULA SHALL BE SUBJECT TO THOSE RIGHTS AND REMEDIES.

1. GRANT OF LICENSE. HYPERX grants you the following rights, provided that you comply with all the terms and conditions of this EULA:

a. Use. You may use the Software Product on a single HYPERX product. If you obtained the Software Product over the Internet and it was originally licensed for more than one HYPERX product, you may install and use the Software Product only on those HYPERX products. You may not separate the components of the Software Product for use on more than one HYPERX product. You may not distribute the Software Product. You may load the Software Product into the temporary random access memory (RAM) of your HYPERX product for the purpose of using the Software Product.

b. Storage. You may copy the Software Product to the local storage or storage media of the HYPERX Product.

c. Copying. You may make copies of the Software Product for archival or backup purposes, provided that the copies retain all proprietary notices from the original Software Product and are used for backup purposes only.

d. Reservation of Rights. To the extent permitted by law, HYPERX and its suppliers reserve all rights not expressly granted to you in this EULA.

e. Freeware. Notwithstanding the terms of this EULA, all or any portion of the software product not owned by HYPERX or software provided under a third-party public license ("Freeware") is provided subject to the terms of the software license agreement accompanying such Freeware, whether in the form of a separate agreement, a license agreement on the packaging, or electronic license terms acknowledged at the time of download. Your use of the Freeware is governed solely by the terms of such license.

f. Recovery Solution. Recovery solutions provided with or for your HYPERX product, whether in the form of a hard drive-based solution, a solution provided on external media (e.g., CD or DVD), or an equivalent solution provided in another form, may only be used to recover the hard drive of the HYPERX product with or for which the recovery solution was originally acquired. Use of any Microsoft operating system software included in such a recovery solution is governed by the Microsoft License Agreement.

2. UPGRADES. To use a software product identified as an upgrade, you must first own a license for the original software product, which is specified by HYPERX as a prerequisite for the upgrade eligibility. After the upgrade, you may no longer use the original software product that formed the basis for your upgrade eligibility as a standalone software product.

3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original software product supplied by HYPERX, unless HYPERX provides other terms along with the update or supplement. If such other terms conflict with the terms of this EULA, they will prevail over the terms of this EULA.

4. TRANSFER.

a. To third parties. The original user of the software product may transfer the software to another end user, relinquishing their rights. Any transfer must include all components, media, printed materials, this EULA, and, if applicable, the Certificate of Authenticity (COA). The transfer may not be made as an indirect transfer, such as a consignment. Before transferring, the end user receiving the transferred product must agree to all EULA terms. Upon transfer of the software product, your license automatically terminates.

b. Restrictions. You may not rent, lease, or lend the Software Product, or use the Software Product for commercial timesharing or office use. You may not sublicense, assign, or transfer the license or the Software Product except as set forth in this EULA.

5. OWNERSHIP RIGHTS. All rights in the Software Product and user documentation are owned by HYPERX or its suppliers and are protected by law, including, without limitation, U.S. copyright, trade secret, and trademark laws, as well as other applicable laws and international treaties. You may not remove any product markings, copyright notices, or proprietary rights restrictions from the Software Product.

6. RESTRICTIONS ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product except to the extent that a right to reverse engineer is required by law or expressly provided in this EULA.

7. TERM. This EULA will remain in effect until terminated or rejected. This EULA will also be deemed terminated if any terms and conditions elsewhere in this EULA apply, or if you fail to comply with any of the terms and conditions of this EULA.

8. NOTICE REGARDING DATA COLLECTION. HYPERX and its affiliates may collect, aggregate, and use device data and individual user data you provide as part of support services for this software product. HYPERX will not use this data for marketing purposes without your consent. For more information about HYPERX's data collection practices, please visit www.HyperX.com/go/privacy.

9. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYPERX AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (i) FITNESS FOR A PARTICULAR PURPOSE; (ii) MERCHANTABILITY; (iii) TITLE; (iv) NON-INFRINGEMENT; (v) OPERATION OF THE SOFTWARE PRODUCT IN CONJUNCTION WITH NON-HYPERX EQUIPMENT OR ACCESSORIES; AND (vi) FREEDOM FROM VIRUSES WITH RESPECT TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties. In such cases, the above exclusion may not apply to you in its entirety.

10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages you may incur for any reason whatsoever, the entire liability of HYPERX and its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to actual damages up to the amount actually paid by you for the Software or $5.00, whichever is greater. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HYPERX OR ITS SUPPLIERS BE LIABLE FOR A) ANY LOSS OF PROFITS, BUSINESS, REVENUE, ANTICIPATED SAVINGS, GOODWILL, DATA OR CONTRACTS, B) ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, C) BUSINESS INTERRUPTION, D) PERSONAL INJURY OR E) LOSS OF PROTECTION OF PERSONAL DATA, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE. INABILITY TO USE THE SOFTWARE PRODUCT OR OTHERWISE RELATING TO THE TERMS OF THIS EULA), EVEN IF HYPERX OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.

11. U.S. GOVERNMENT CUSTOMERS. In accordance with FAR 12.211 and 12.212, commercial computer software, computer software documentation, and technical data for commercial items are licensed to the U.S. Government pursuant to HYPERX's standard commercial license.

12. COMPLIANCE WITH EXPORT LAWS. You must comply with the laws and regulations of the United States and other countries ("Export Laws") to ensure that (1) the export of the Software Product does not directly or indirectly violate Export Laws and (2) the Software Product is not used for any purpose prohibited by Export Laws, including, without limitation, nuclear proliferation.

13. CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT. You represent that you are of legal age under the laws of your place of residence and, if applicable, that your employer has authorized you to enter into this Agreement.

14. APPLICABLE LAW. If the Software Product is provided as part of a HYPERX Product, this EULA is governed by the laws of the country, state, or territory in which the HYPERX Product was acquired. If the Software Product is licensed to you as a standalone product, this EULA is governed by the laws of the State of California, USA.

15. ENTIRE AGREEMENT. This EULA (including any additions or modifications to this EULA accompanying this HYPERX product) constitutes the entire agreement between you and HYPERX with respect to the Software Product and supersedes all prior or contemporaneous oral or written understandings, proposals, or representations regarding the Software or any other subject matter covered by this EULA. To the extent that the terms of any HYPERX policies or support services programs conflict with the terms of this EULA, the terms of this EULA shall prevail. If any term or provision of this EULA is held to be invalid or unenforceable against any party or circumstance, the validity and enforceability of the remaining terms and provisions of this EULA shall not be affected.

16. CONSUMER RIGHTS. Consumers in some countries, states, or territories may have certain statutory rights, remedies, localizations, and limitations under consumer law for which HYPERX's liability cannot be lawfully excluded. If you acquired or licensed the HYPERX Product or Software Product as a consumer within the meaning of the applicable consumer protection laws in your country, state, or territory, the terms of this EULA (including the disclaimers, limitations of liability, and exclusions of liability) must be read in accordance with applicable law, notwithstanding anything to the contrary in this EULA, and may only be applied to the fullest extent permitted by such applicable law. For example:

AUSTRALIA: If you acquired the Software Product as a consumer within the meaning of Australian Consumer Law under the Australian Competition and Consumer Act 2010 (Cth), the following applies notwithstanding anything else in this EULA:

(1) The Software Product is provided with warranties that cannot be excluded under the Australian Consumer Law, including warranties that the goods are of acceptable quality and that the services will be provided with reasonable care and skill. If HYPERX fails to comply with any such consumer warranty, the liability of HYPERX or its licensors is limited to the following:

(A) in connection with the provision of warranty and support services for the Software Product, to one or more of the following actions (at HYPERX's discretion): (i) the re-provision of the Services; or (ii) the payment of the costs incurred for re-provision of the Services; and

(B) in connection with the provision of the Software Product, one or more of the following actions (at HYPERX's discretion): (i) replacement of the Software Product or supply of equivalent software; (ii) repair of the Software Product; (iii) payment of the cost of replacing the Software Product or acquiring equivalent software; or (iv) payment of the cost of repairing the Software Product; and

(C) otherwise, to the maximum extent permitted by law.

(2) Nothing in this EULA shall exclude, limit or modify any rights or remedies or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited; and

(3) The benefits provided to you by the warranties in this EULA are in addition to any other rights and remedies available to you under applicable law with respect to the goods or services to which those warranties apply.

If you believe you are entitled to a warranty under this EULA or any of the remedies above, please contact HYPERX:

HYPERX PPS Australia Pty Ltd

353 Burwood Hwy

Forest Hill

VIC 3131

Australia

For support or warranty inquiries, please call 13 10 47 in Australia or +61 2 8278 1039 overseas, or visit our website www.HyperX.com.au and select "Customer Service" for an up-to-date list of telephone support numbers.

NEW ZEALAND: If you, as a New Zealand consumer, purchase goods for personal or domestic use or consumption and not for a business, you are entitled to repair, replacement or refund for defects and to compensation for other foreseeable loss or damage.

© Copyright 2015, 2021 HYPERX Development Company, LP

The information contained herein is subject to change without notice. The warranties for HYPERX products and services are set forth solely in the express warranty statements accompanying such product or service. The information contained herein does not constitute an additional warranty. HYPERX assumes no liability for any technical or editorial errors or omissions contained herein.

Third edition: June 2021

First issue: August 2015

Document number: 817678-003