Other Certificate / Approval

Readme OSS - InterCom-2.0

NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL QUALCOMM, ITS

AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR

ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES

(INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS

INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION

WITH THIS AGREEMENT OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE

SOFTWARE AND/OR DOCUMENTATION, EVEN IF QUALCOMM HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY

FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT

APPLY OR MAY BE LIMITED. QUALCOMM HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU

HARMLESS UNDER THIS AGREEMENT. IN NO EVENT SHALL QUALCOMM'S TOTAL AGGREGATE LIABILITY

FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT,

TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED ONE THOUSAND U.S. DOLLARS (US$1,000) OR

THE EQUIVALENT THEREOF IN ANY OTHER CURRENCY.

6. INDEMNITY. If an application is written by You using any component of the Software and such

application is used, distributed, or otherwise deployed, then You agree to indemnify and hold

QUALCOMM, its subsidiaries and affiliates and each of their respective officers, directors, employees

and successors and assigns (each, a "QUALCOMM Indemnitee") harmless from and against any and all

claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise

suffered by each QUALCOMM Indemnitee (including but not limited to costs of defense, investigation

and reasonable attorney's fees) arising out of, resulting from or related to (i) any use, reproduction or

distribution of the Software, as modified or integrated by You, which causes an infringement of any

patent, copyright, trademark, trade secret, or other intellectual property, publicity or privacy right of

any third parties arising in any jurisdiction anywhere in the world, except and solely to the extent such

infringement is caused by the unmodified Software, or portions thereof, as supplied to You by

QUALCOMM under this Agreement, (ii) the download, distribution, installation, storage, execution, use

or transfer of such software, products, documentation, content, materials or derivative works by any

person or entity except and solely to the extent such infringement is caused by the unmodified

Software, or portions thereof, as supplied to You by QUALCOMM under this Agreement, and/or (iii) any

breach of this Agreement by You. If and as requested by QUALCOMM, You agree to defend each

QUALCOMM Indemnitee in connection with any third party claims, demands, or causes of action

resulting from, arising out of or in connection with any of the foregoing.

7. CONSENT TO COLLECTION AND USE OF NON-PERSONAL DATA. You hereby confirm your

understanding that the Software enables QUALCOMM to, and You agree that QUALCOMM and/or its

affiliates may, collect and use technical and related information, including but not limited to: (i)

information about the end users' devices such as device unique identifier, make, model, operating

system name and version and kernel version, (ii) information about our Software used to create your

software or augmented reality end user application such as the SDK version and device profile, and (iii)

information about your software or augmented reality application and its use such as settings (e.g.,

camera resolution settings, configuration settings), start and stop dates and times, camera on/off

events, target image obtained/lost events, and other general usage information (collectively

"Statistics"). You further hereby confirm your understanding that the Software enables QUALCOMM