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 when product is purchased. Payment shall be in U.S. Dollars. 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 prices are Exworks our plant unless otherwise noted. All duties, taxes, or other fees associated with international shipments 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. INFOCUS manufactured hardware Products are warranted to be free from defects in materials and workmanship under normal use and service for a period of twelve (12) months from the Delivery Date. Products not manufactured by INFOCUS are not warranted by INFOCUS. Where applicable, the Product manufacturer's warranty and warranty conditions will apply. 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, misapplication, improper calibration by Customer, Customer supplied third party software not intended for use with the applicable INFOCUS software or hardware, utilization of an improper hardware or software or unauthorized maintenance or repair. 7. CUSTOMER REMEDIES. INFOCUS's sole obligation (and Customer's sole remedy) with respect to the foregoing Limited Warranty shall be to, at its option, to 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 an action to enforce its remedies under the foregoing Limited Warranty more than one (1) year after the occurrence of such cause of action. For Products not manufactured by INFOCUS, Customer's only remedy is with the manufacturer of the Product and Customer accepts being bound by all the manufacturer's warranty and remedy terms. 8. RETURN / CANCELLATION / CHANGE POLICY. Customer may return unwanted non-custom Products within seven (7) days of the Delivery Date provided Product is returned in like new and unblemished condition. Customer shall pay a twenty-five percent (25%) restocking charge on non-custom Products returned to INFOCUS. No returns will be accepted after the seven (7) day period has expired. In addition, no returns will be accepted if the equipment is damaged or the Warranty Seal has been broken. Where Custom Products, equipment, or services are 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. 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 application differs from INFOCUS's testing platform and because a user or application designer may use Products supplied by INFOCUS in combination with other products in a manner not evaluated or contemplated by INFOCUS, the user or application designer is totally responsible for verifying and validating the suitability of Products supplied by INFOCUS whenever such products are incorporated in a system or application, including, without limitation, the appropriate design, the process requirements, and the safety level of such system or application. 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 OF EQUIPMENT. 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 of this, as the customer service available for that item may be affected.

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