TERMS AND CONDITIONS OF SALE Customer and Infocus Marketing, Inc. ("INFOCUS") agree that the purchase and sales of INFOCUS hardware and software products ("the Products") are made under these terms and conditions, and that INFOCUS SHALL NOT BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS. Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions. 1. TITLE. Title to the Products shall pass at INFOCUS's plant. INFOCUS retains a security interest and right of possession in the Products until Customer makes full payment. 2. TAXES. Product prices are exclusive of, and Customer shall pay, applicable sales, use, service, value added or like taxes, unless Customer has provided INFOCUS with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities. 3. PRICES AND PAYMENT. All quotations shall expire thirty (30) days from date of issuance, unless otherwise set forth on the quotation or agreed in writing. Customer shall make payment in full per the quoted Terms of Payment. Payment shall be in U.S. Dollars and shall be due no later than 5 days from the date of INFOCUS's invoice. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5% or the highest rate permissible by law on the unpaid balance until paid in full. All freight and/or customs fees in/out are the responsibility of the customer. 4. ORDERS. All orders are subject to acceptance by INFOCUS. INFOCUS's booking of an order shall constitute its acceptance of an order. 5. DELIVERY. INFOCUS shall deliver the Products to a carrier at INFOCUS's plant. Customer shall pay all freight charges, insurance, applicable import / export duties, and other necessary fees and shall bear the risks of carrying out customs formalities and clearance. Shipment dates are scheduled after acceptance of orders and receipt of necessary payment and documents. 6. LIMITED WARRANTY. INFOCUS Products are warranted against defects in materials and workmanship for a limited period of time from the date INFOCUS ships the Products to Customer ("Delivery Date") as follows. All software Products are licensed to Customer under the terms of the appropriate INFOCUS license. For a period of 90 days from the Delivery Date, INFOCUS software Products (when properly installed on INFOCUS hardware Products) (a) will perform substantially in accordance with the accompanying written materials, and (b) the medium on which the software product is recorded will be free from defects in materials and workmanship under normal use and service. INFOCUS standard provided hardware Products are warranted to be free from defects in materials and workmanship under normal use and service for a period of six (6) months from the Product Shipping Date. Special Products and Low Cost Products are warranted to be free from defects in materials and workmanship under normal use and service for a period of two (2) months from the Product Shipping Date. Customer must obtain a Return Material Authorization number from INFOCUS before returning any Products under warranty to INFOCUS. Customer shall pay expenses for shipment of repaired or replacement Products to and from INFOCUS. After examining and testing a returned product, if INFOCUS concludes that a returned Product is not defective, Customer will be notified, the Product returned at Customer's expense, and a charge made for examination and testing. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, tampering, misapplication, improper calibration by Customer, Customer supplied third party software not intended for use with the applicable INFOCUS software or hardware, utilization of improper hardware or software or unauthorized maintenance or repair. There are no user serviceable parts in the equipment. Opening any equipment cover/shroud voids the warranty. 7. CUSTOMER REMEDIES. INFOCUS's sole obligation (and Customer's sole remedy) with respect to the foregoing Limited Warranty shall be to, at INFOCUS's option, return the fees (less a twenty-five percent restocking charge) paid or repair/replace any defective Products, provided that INFOCUS receives written notice of such defects during the applicable warranty period. Customer may not bring any action to enforce its remedies under the foregoing Limited Warranty more than one (90) days after the occurrence of such cause of action. 8. RETURN / CANCELLATION / CHANGE POLICY. Customer may return a single unwanted non-custom Product within ten (10) days of the Delivery Date. Multiple Products may not be returned and all sales are final. Customer shall pay a twenty-five percent (25%) restocking charge on non- custom Products returned to INFOCUS. No returns will be accepted after the ten (10) day period has expired. In addition, no returns will be accepted if the equipment is damaged, marred, or the Warranty Seal has been broken. Where custom Products, equipment, or services and/or special purchased equipment are/is involved, these Products, equipment, or services may not be returned and Customer shall be responsible for the full price of all Products, equipment, services and related work in progress; however, INFOCUS shall take responsible steps to mitigate damages immediately upon receipt of a written cancellation notice from Customer. A Return Material Authorization number must be obtained from INFOCUS for return of any Products or equipment. INFOCUS may terminate any order if any representations made by Customer to INFOCUS are false or misleading. Changes to orders shall not be binding upon nor be put into effect by INFOCUS unless confirmed in writing by INFOCUS. All overseas orders and sales are final and cannot be cancelled or returned. 9. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS, EQUIPMENT, OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. INFOCUS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. INFOCUS EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. 10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The entire liability of INFOCUS and its distributors, and suppliers (including its and their directors, officers, employees, and agents) is set forth above. To the maximum extent permitted by applicable law, in no event shall INFOCUS and its distributors, and suppliers (including its and their directors, officers, employees, and agents) be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Products, even if INFOCUS or its distributors, and suppliers has been advised of the possibility of such damages. Customer acknowledges that the applicable purchase price or license fee for the Products reflects this allocation of risk. 11. Because each end-user system is custom and differs from INFOCUS's testing platforms and because the user or application designer may use INFOCUS products in combination with other products in a manner not evaluated or contemplated by INFOCUS, the user or application designer is ultimately responsible for verifying and validating the suitability of INFOCUS products whenever INFOCUS products are incorporated in a system or application, including, without limitation, the appropriate design, process and safety level of such system or application. INFOCUS Products are not intended for use in life saving or life altering applications. 12. FORCE MAJEURE. INFOCUS shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Customer, interruptions of transportation or inability to obtain necessary labor or materials. INFOCUS's estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. 13. ACKNOWLEDGMENT / GOVERNING LAW. Customer acknowledges reading these Terms and Conditions, under-stands them and agrees to be bound by them. A waiver of any provision of this agreement shall not be construed as a waiver or modification of any other term hereof. With respect to all orders accepted by INFOCUS, disputes arising in connection with these Terms and Conditions of Sale shall be governed by the laws of the State of North Carolina without regard to principles of conflicts of laws. 14. EXPORT. All products and systems are subject to the US Export Administration regulations (EAR). Export, Re-export, or relocation of any of our products or systems may require prior approval by an appropriate governing authority. If a purchased product or system is exported or re-exported, even if it is not considered a regulated item by a governing authority, INFOCUS would like to be made aware, as the customer service available for that item may be affected.

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to be bound by these TERMS AND CONDITIONS OF SALE.
These Terms may be modified from time to time at INFOCUS's sole discretion.