End User License Agreement Effective Date: August 2, 2024 This End User Software License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and LG Electronics Inc. ("LGE"), a corporation registered in South Korea with its registered office at LG Twin Towers, 128 Yeoui-daero, Yeoungdeungpo-gu, Seoul 07336, South Korea, for software preloaded or installed onto this device, which includes computer software and may include associated media, printed materials, "online" or electronic documentation in connection with your use of this device ("LG Software"). This device requires the use of LG Software in its normal operation. BY USING THE LG SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE LG SOFTWARE. Some applications and services provided by LGE may be included with or downloadable onto this device. Many of them may require your consent to their separate terms of use and your rights and obligations regarding your use of such applications and services will be set forth in those terms and conditions. You acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions. 1. RESERVATION OF RIGHTS AND OWNERSHIP. LGE reserves all rights not expressly granted to you in this EULA. The LG Software is protected by copyright and other intellectual property laws and treaties. LGE or its affiliated companies and its licensors own the title, copyright and other intellectual property rights in the LG Software. The LG Software is licensed, not sold. 2. GRANT OF LICENSE. LGE grants you the following rights subject to your compliance with all terms and conditions of this EULA: You may use, access, and run one copy of the LG Software preloaded, installed or downloaded on this device, solely to the extent necessary for you to use your device. Some components of LG Software are provided under open-source license terms. In such cases, open source license provisions may override some of the terms of this EULA. You may view the detailed information about open source licenses at the bottom left of the more tool 3. LIMITATIONS ON END USER RIGHTS. You may not copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the LG Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the LG Software, or create derivative works based on the LG Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the LG Software. 4. UPGRADES. This EULA applies to updates, supplements and add-on components (if any) of the LG Software that LGE may provide to you or make available to you after the date you obtain your device, unless we provide other terms along with such upgrade. To use LG Software identified as an upgrade, you must first be licensed for the LG Software identified by LGE as eligible for the upgrade. After upgrading, you may no longer use the LG Software that formed the basis for your upgrade eligibility. The upgrade of LG Software may add new functions and in some cases, may delete existing functions. PLEASE NOTE LG ELECTRONICS INC. DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR THE UPDATES WHEN THE ERROR WAS CAUSED BY YOU (E.G. NOT FOLLOWING OUR UPDATE GUIDELINES) OR IF LG ELECTRONICS INC. WAS NEGLIGENT. In some limited cases, the Software Update will only be offered by your network carrier; and such Software Update will be governed by your contractual relationship with your network carrier. 5. SOFTWARE TRANSFER. If you are transferring this EULA rights to the LG Software granted herein to any third party in connection with the sale or transfer of the device which the LG Software accompanied, the transfer must include all of the LG Software (including all component parts, the media and printed materials, any upgrades, this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the LG Software must agree to all the EULA terms. 6. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE THAT THE LG SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENT(S). LGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE LG SOFTWARE OR ANY CONTENTS CONTAINED THEREIN. ANY MATERIAL PRELOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LG SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE LG SOFTWARE. UNLESS SEPARATELY SET FORTH IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, SOFTWARE PROVIED BY LGE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, LGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LGE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. 7. ACCESS AND AVAILABILITY; AGE RESTRICTION. It is possible that LG may have to interrupt or discontinue the services available through LG Software or suspend or restrict your use of all or any part of the LG Software where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons.The availability of the services related to some of the LG Software may depend on the performance of your third-party telecommunications provider which LGE cannot influence. You are responsible for making all the arrangements necessary for you to have access to the LG Software. LGE does not accept any responsibility for any loss or damage that such external factors may cause to you. In addition, some features of the LG Software may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. 8. LIMITATION OF LIABILITY. LGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE LG SOFTWARE AS WELL AS, THEIR CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, LGE'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS DEVICE, ITS LG SOFTWARE AND THIRD PARTY APPLICATIONS, SHALL NOT EXCEED ONE HUNDERD US DOLLARS ($100). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS INCLUDING SECTIONS 6, 9 AND 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 9. GOVERNING LAW; DISPUTE RESOLUTION (NOT APPLICABLE TO U.S. RESIDENTS) (a) Except to the extent prohibited by local law, any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be: (i) referred to and finally resolved by arbitration under the Rules of the Korean Commercial Arbitration Board (which rules are deemed to be incorporated by reference into this clause), (ii) where the number of arbitrators shall be one, (iii) the seat, or legal place, of arbitration shall be Seoul, South Korea, (iv) the language to be used in the arbitral proceedings shall be English and (v) the governing law of the contract shall be the substantive law of the Republic of Korea. (b) To the extent required by local law in order for arbitration to be valid and legally effective as a means of dispute resolution, including as against a consumer, (i) shall be deemed to refer to the rules of the most prominent arbitration body (the “Local Arbitration Rules”) in your country and (iii) shall be deemed to refer to the capital city of your country. (c) You may only resolve disputes with us on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. 10. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from LGE if you fail to comply with any of the terms and conditions of this EULA. Additionally, LGE, in its sole discretion may suspend or terminate any services related to EULA at any time. We also reserve the right to modify EULA at any time (including, without limitation, by limiting or discontinuing certain features related to EULA). Upon termination of this EULA, you must cease all use of the LG Software in connection with the device. You may terminate this EULA by deleting all or portion of the LG Software. We will have no liability whatsoever on account of any change to EULA or any suspension or termination of your access to or use of the services related to EULA. 11. GOVERNING LANGUAGE. Any translation of this EULA is done for local requirements and in the event of a discrepancy between the English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction. 12. EXPORT CONTROL. You acknowledge that the LG Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the LG Software, including all the applicable export restriction laws and regulations. 13. ENTIRE AGREEMENT; SEVERABILITY; MISCELLANEOUS. This EULA is the entire agreement between you and LGE relating to the LG Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the LG Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The downloading of updates, access to and usage of the LG Software relies upon the data connection of your device. 14. DISPUTE RESOLUTION FOR UNITED STATES RESIDENTS. (a) Generally. In the interest of resolving disputes between you and LGE in the most expedient and cost effective manner, you and LGE agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND LGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. (b) Exceptions. Notwithstanding Section 16(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. (c) Arbitrator. Any arbitration between you and LGE will be governed by the "AAA Rules" of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LGE. (d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). LGE's address for Notice is: LG Electronics, USA, Inc. Attn: Legal Department-Arbitration, 1000 Sylvan Avenue Englewood Cliffs, NJ 07632. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or LGE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. In the event that you commence arbitration in accordance with this EULA, LGE will reimburse you for your payment of the filing fee, unless your claim is for greater than $25,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LGE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. (f) No Class Actions. YOU AND LGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LGE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. (g) Opt-Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can require the other to participate in an arbitration proceeding. To opt out, you must send notice to LG no later than 30 calendar days from the date of first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [optout@lge.com], with the subject line: “Arbitration Opt Out” or (ii) calling [1-800-980-2973]. You must include in the opt-out e-mail or by telephone: (a) your name and address; (b) the date on which the Service was activated; and (c) the date on which the Service was terminated; (d) the product model name or model number; and (e) the IMEI or MEID or Serial Number, as applicable (the IMEI or MEID or Serial Number can be found by removing the battery from your device as explained in the User Guide). Email and telephone are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. If you do not opt out, then you accept all terms and conditions of the Limited Warranty, including the binding arbitration provision described above. (h) Modifications. In the event that LGE makes any future change to this arbitration provision (other than a change to LGE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LGE's address for Notice, in which case your account with LGE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive. 15. U.S. Government End Users Restricted Rights. LG Software is licensed hereunder only with “restricted rights” and as “commercial items” consisting of “commercial software” and “commercial software documentation” with only those rights as are granted to all other end users pursuant to the terms of this EULA. All products are provided only with “restricted rights” with only those rights as are granted to all other end users pursuant to the terms and conditions contained herein. All Software and Products hereunder are provided subject to Federal Acquisition Regulation (FAR) 52.227.19. 16. Digital Millennium Copyright Act The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the LG Software infringe your copyright, you (or your agent) may send us a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on this website; • Your name, address, telephone number, and e-mail address (if available); • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to this website should be sent to us at LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, Republic of Korea (Tel. No.: 02-3777-1114 (Korea)). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. 17. Contacting LGE about this End User Software License Agreement If you have any questions or comments about this EULA, please reach out to us through our official e-mail address [lab.lgcreateboard.com].