BOSE SOUNDTOUCH END-USER LICENSE AGREEMENT (“EULA”)

Effective Date: January 26, 2017

ATTENTION: READ THIS BEFORE USING THE SOFTWARE.

This End-User License 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 your Bose® SoundTouch® product (the “Software”). The Software includes SoundTouch® product software, SoundTouch® application software, and SoundTouch® user interface software developed by Bose. The Software also contains other Third Party Software and firmware as components (collectively, “Third Party Software”). The terms of this EULA also applies 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 your Bose® SoundTouch® product.  

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. If you do not agree to these amendments or changes, you must not use the corresponding new version(s) of the Software.

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 SOUNDTOUCH® PRODUCT OR YOUR COMPUTER, SMART PHONE, TABLET OR OTHER MOBILE DEVICE.

1. LICENSE 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 license to use the Software in the SoundTouch® product and on your PC or mobile devices 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 SoundTouch® 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 license grant is subject to, and conditional on your compliance with, the terms and restrictions set forth in this EULA. 

1.2      iOS APPLICATIONS. If the Software is or includes an iOS application, the following additional terms apply to the iOS application: Bose grants you a non-transferable limited license 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 http://www.apple.com/legal/itunes/us/terms.html  (collectively, the “Apple Terms”). The terms iPhone, iPad, iPod and iPod touch are registered trademarks of Apple.1 You and we acknowledge that this EULA is an agreement between you and us, and not Apple, and that, as between Bose and Apple, Bose, not Apple, is solely responsible for the Software and the contents thereof. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. You may cancel your license 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 the terms and conditions set forth at: http://www.apple.com/legal/itunes/us/terms.html.

1.3	DIAGNOSTIC SERVICES. If the Software includes code supporting diagnostic and/or debug reporting services such as that provided by Crashlytics, Inc. or another third party diagnostic service provider (“Diagnostic Service Provider”), then 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 authorize 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.

1.4	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 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 authorize 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 SoundTouch® product containing the Software, but only provided that such third party agrees to be bound by the terms and conditions of this EULA. 

1.5	RESERVATION OF RIGHTS. Except as otherwise expressly provided for in the case of certain Third Party Software components, no other licenses 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 license 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 SoundTouch® product using the Wi-Fi® protocol and, in some product versions, the Bluetooth and the Airplay protocols.2 The Software can connect the SoundTouch® 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 SoundTouch® Product. These connectivity functions also include establishing, maintaining and operating wireless connectivity between SoundTouch® Product and your PC or mobile device via the  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 SoundTouch® product.

2.3	INFORMATION. The kinds of information collected, used, stored or transmitted by the Software may include without limitation: (a) IP address, network name or SSID, UUID, and channel of locally accessible wireless access points and their respective signal strengths, network IP addresses, and in some cases, GPS location, (b) version of the Software, SoundTouch® product firmware version, SoundTouch® product make model, ID and serial number, or (c) device usage data or diagnostic data relating to the SoundTouch® product or the Software. This information may be needed to process product setup, to download and install Updates, to operate features of the SoundTouch® product, to trouble-shoot or diagnose product problems, to develop or test new product features, or to provide technical support or other services to you. All information collected, used, stored or transmitted by the Software is subject to the Bose SoundTouch® Privacy Policy located here [Include Link]. 

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). You agree that you will not engage in any activity with the Software that interferes with, disrupts, damages, or accesses in an unauthorized 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. 

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 license 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 (e.g. a streaming music content service) 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 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.   

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. 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. 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 or 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 laws and international copyright treaties, as well as other intellectual property laws and treaties. 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. Except for the limited license and rights granted to you under the terms of this EULA and as otherwise expressly provided for in the case of certain Third Party Software components, Bose retains all right, title, and interest in and to the Software, all copies thereof, and all copyrights, trade secrets, and any other intellectual property or proprietary rights relating thereto. This Software is not for sale, distribution, or inclusion with other products.  If the Software includes an iOS application, we and you acknowledge that, in the event of any third party claim that the iOS application infringes such third party’s intellectual property rights, Bose, and not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 

7.	WARRANTY DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED IN REGARD TO CERTAIN Third Party Software COMPONENTS, THE SOFTWARE AND ANY RELATED SERVICES ARE BEING PROVIDED TO YOU EXCLUSIVELY “AS IS”, AND BOSE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR CONFORMANCE TO DESCRIPTION. IN PARTICULAR, BOSE DOES NOT WARRANT THAT IT WILL BE ABLE TO PROVIDE TECHNICAL SUPPORT OR ANY OTHER FORM OF SERVICE TO YOU, AND BOSE DOES NOT WARRANT THAT ANY SOFTWARE OR ANY DATA USED BY, OR ANY SERVICES INCLUDED IN, THE SOFTWARE WILL BE FREE OF ERRORS OR DEFECTS, OR 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, OR BE UNINTERRUPTED OR SUITABLE FOR YOUR REQUIREMENTS OR FOR ANY PURPOSE WHATSOEVER OR THAT BOSE OR ANY THIRD PARTY WILL BE AVAILABLE TO PROVIDE SUPPORT SERVICES FOR THE SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE, INCLUDING ANY ASSOCIATED SUPPORT OR OTHER SEVICES, IS ENTIRELY AT YOUR OWN RISK. Some states do not allow the exclusion of implied warranties, and where applicable the above exclusion shall apply to the maximum extent permitted by law. If the Software includes an iOS application, 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, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be Bose’s sole responsibility. You may request a refund by giving notice to Apple in accordance with the terms and conditions set forth at: 
http://www.apple.com/legal/itunes/us/terms.html. 

8.	INDEMNIFICATION.  You agree to indemnify, defend, and hold harmless Bose, its affiliates, and its and their respective officers, directors, stockholders, employees, contractors, suppliers and agents from and against any losses, claims, damages, liabilities and/or reasonable expenses (including reasonable attorney, accountant and 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, misuse, or inability to use the Software.

9.	LIMITATIONS OF LIABILITY. 

9.1	IN NO EVENT SHALL BOSE, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS (COLLECTIVELY, “BOSE PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF PROFITS, EARNINGS, ANTICIPATED SAVINGS, GOODWILL OR REVENUE, FOR ANY MATTER ARISING OUT OF THIS EULA OR YOUR USE, MISUSE, OR INABILITY TO USE THE SOFTWARE OR ANY ASSOCIATED SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORT OR OTHERWISE AND EVEN IF BOSE OR ANY BOSE PARTIES MAY FORESEE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

9.2	IN NO EVENT SHALL THE CUMULATIVE TOTAL LIABILITY OF BOSE OR ANY BOSE PARTIES TO YOU OR TO ANY THIRD PARTY FOR DAMAGES WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS EULA OR YOUR USE, MISUSE, OR INABILITY TO USE THE SOFTWARE OR ANY ASSOCIATED SERVICES EXCEED THE GREATER OF (A) THE AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE, AND (B) THE SUM OF TEN DOLLARS, REGARDLESS OF WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORT OR OTHERWISE AND EVEN IF BOSE OR ANY BOSE PARTIES MAY FORESEE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3	THE LIMITATIONS SET FORTH IN THIS SECTION 9 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. Some states do not allow the limitation or exclusion of incidental or consequential damages, and where applicable the above limitations or exclusions shall apply to the maximum extent permitted by applicable law.

9.4	If the Software is or includes an iOS application, you and Bose acknowledge that Bose, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS application or your possession and/or use of the iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

10.	CONFIDENTIALITY.  Excluding Third Party Software subject to contrary free or open source licensing rights, you agree that that you shall promptly notify the 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 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 is legally required to be disclosed, and you shall use your best efforts to ensure that confidential treatment is accorded to the Software so disclosed.

11.	Third Party Software NOTICES.  The Third Party Software included in the Software is copyrighted to certain third party licensors of Bose Corporation and is subject to licensing terms and conditions that differ from those set forth in this EULA. A description of Third Party Software components included in the Software is set forth in Appendix A hereto.

12.	GENERAL AND MISCELLANEOUS PROVISIONS.

12.1.	INJUNCTIVE RELIEF. You acknowledge and agree that remedies at law would be inadequate to protect the Bose against any actual or threatened breach of this EULA by you, and you agree not to oppose the granting of equitable relief in favor of the 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 attorney, accountant and expert fees) in enforcing this EULA.

12.2 	APPLICABLE LAW.  Any disputes between the parties relating to or arising out of the subject matter of this EULA shall be governed by and construed in accordance with state and federal laws as applied by courts of competent jurisdiction in the Commonwealth of Massachusetts, excluding: (i) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You agree that any action at law or in equity arising out of or relating to this EULA shall be filed only in state or federal court located in Boston, Massachusetts, and each party hereby irrevocably and unconditionally consents to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement, and waives any objection to venue of any action instituted hereunder in accordance with the provisions of this Section.  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.

12.3	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 Licensee Agreement shall remain in full force and effect and such term or provisions shall be deemed stricken.

12.4	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 certified mail, postage prepaid, addressed as follows: Bose Corporation, The Mountain, Framingham, MA 01701; Attn: Legal Department.

12.5	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.

12.6	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 in regard to certain Third Party Software components 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 Agreement. There are no prior representations, warranties or agreements between the parties relating hereto. 

12.7	EXPORT CONTROLS. You agree to comply all applicable export and re-export laws, regulations and decrees  imposed by the government of the United States or any applicable foreign jurisdiction, and will not cause the transfer, export or re-export of the Software without first obtaining all required export licenses, 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	SURVIVAL. You acknowledge that, except for the provisions of Section 1, all other provisions of this EULA shall survive any expiration or termination of this EULA.

APPENDIX A

THIRD PARTY NOTICES

The Software in Your Bose® SoundTouch® product contains portions that are copyrighted to Bose Corporation (“BOSE”). The Software also utilizes as components certain Third Party Software modules that are copyrighted to their respective authors. Some of these Third Party Software modules are used in their original forms, and some are used in forms that have been modified by Bose.  Furthermore, some of these Third Party Software modules are governed by the terms and conditions of so-called free or open source software licenses. Certain free or open source licenses give you certain rights to receive and use copies of the source code of some of the Third Party Software modules used in the Software, e.g. the GNU General Public License version 2, or the GNU Lesser General Public License version 2.1. For a general description of so-called free and open source software licenses, see www.fsf.org or www.osi.org.

If you would like to receive a copy of all of the Third Party Software source code module(s) used in the Software that you are entitled to request from Bose, please mail a written request including the name, make, model and serial number (if any, and in each case to the extent applicable) of Your Bose® SoundTouch® product to: Licensing Manager, Bose Corporation, The Mountain, Mailstop 6A2 Framingham, MA 01701-9168. 

Bose will distribute the applicable Third Party Software source code module(s) to you on a disk, thumb drive, or other media customarily used for software exchange. Bose may impose a reasonable charge covering the cost of such distribution, such as the cost of media, shipping, and handling. This offer is valid for a period of three (3) years following the date of distribution of the Software to you by Bose. Unless the terms of the associated free or open source licenses otherwise expressly require to the contrary, the applicable Third Party Software source code module(s) are provided to you exclusively “as is”, without warranty of any kind, whether express, implied or statutory, and Bose expressly disclaims any and all liability for any damages, claims, or losses arising out of your use, misuse, or inability to use such Third Party Software source code module(s).

You may view this EULA after installation of the Bose SoundTouch® computer or mobile device application Software by navigating therein to Explore > Settings > About > Legal.  At this location you will also be able to access a listing of Third Party Software modules used as components in the Software and their associated licenses.

1 AirPlay, iPhone, iPad, iPod and iPod touch are registered in the U.S. and other countries.
2 Wi-Fi is a registered mark of the Wi-Fi Alliance. Bluetooth is a registered mark of Bluetooth SIG, Inc.