THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND NVIDIA CORPORATION (NVIDIA) FOR SOFTWARE LICENSED FOR USE IN A NVIDIA SHIELD DEVICE (DEVICE) AND CAN BE ACCEPTED ONLY BY AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOU PURCHASE THE DEVICE. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to this Agreement. By taking delivery of software under this Agreement, you affirm that you have reached the legal age of majority and you accept this Agreement. You also affirm that you are accepting this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of your child, if applicable, and you hereby expressly ratify and confirm any acts of your child and all users of the Device.

The software, firmware, content, apps, documentation and any data that is licensed by NVIDIA and comes with or is later installed in your Device, as may be updated by software patches, maintenance, updates or upgrades from NVIDIA at its sole discretion (the "Software"), is licensed, not sold, to you by NVIDIA for use only under the terms of this Agreement, unless otherwise provided under a separate license agreement.

1. License, License Restrictions and Terms.

Subject to the terms and conditions of this Agreement, NVIDIA and its licensors grant you a personal, revocable, non-exclusive limited right to use the Software solely on your Device. You may not sell, rent, sublicense, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Software, or provide commercial hosting services with the Software. Except as stated in this Agreement, you may not reproduce or transfer any portion of the Software. You may not create any derivative works, attempt to create the source code from the object code, or download or use the Software for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the Software. You may only transfer the Software and your license rights in the Software under this Agreement in connection with the transfer of ownership of your Device and the person receiving the Device and the Software reads and agrees to accept the terms of this Agreement. The Software is not licensed to you for resale, public performance, display, distribution or broadcast. You acknowledge that some content providers and licensors are intended third party beneficiaries who have rights to enforce this Agreement against you and your permitted users. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs.

The Device and/or Software may come bundled with or otherwise distributed with third party software licensed by an NVIDIA supplier (including the operating system software) and open source software provided under an open source license (Open Source Software) (collectively, "Third Party Software"). Notwithstanding anything to the contrary herein, Third Party Software is licensed to you subject to the terms and conditions of the software license agreement accompanying such Third Party Software whether in the form of a discrete agreement, click-through license or electronic license terms accepted at time of installation and any additional terms or agreements provided by the third party licensor ("Third Party License Terms"). Use of the Third Party Software by you shall be governed by the terms and conditions of such third party license agreement(s). Certain Open Source Software may be subject to open source license agreements that entitle you to corresponding source files which are bundled in the Device or otherwise made available online as indicated by NVIDIA. If you breach Third Party License Terms, you shall, at your own expense fully indemnify, hold harmless, defend, and settle any claim, suit or proceeding that is instituted by a third party against NVIDIA and its officers, employees or agents, to the extent such claim, suit or proceeding is based on your failure to comply with Third Party License Terms and/or infringement of any intellectual property rights in such Third Party Software.

The Software, and respective intellectual property rights, is and will remain the sole and exclusive property of NVIDIA and its licensors. Except as expressly granted in this Agreement, NVIDIA and its licensors reserve all rights, interests, and remedies in connection with the Software. You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with the terms of this Agreement.

2. Updates and Precautions in Your Use of The Software.

You agree that NVIDIA is authorized to patch, maintain, update or upgrade automatically the Software, for example, through over the air updates. By using Software, you agree to receive automatic updates that may be provided for system software for your Device or other NVIDIA-authorized hardware, without any additional notice, and you permit NVIDIA to download and install them for you without liability for any damages, loss of data or loss of functionalities arising from provision of such updates. You understand that once new Software is loaded onto your Device, you may be unable to revert back to the pre-loaded Software you were using prior to loading the Software or any earlier release of the Software. YOU ACKNOWLEDGE THAT BY INSTALLING SOFTWARE ON YOUR DEVICE, THE DEVICE MAY NOT BE CAPABLE OF BEING RESTORED TO THEIR ORIGINAL CONDITION AND THAT APPLICATIONS AND SERVICES MAY BE AFFECTED BY YOUR USE OF SOFTWARE. FURTHER, YOU UNDERSTAND THAT DATA (INCLUDING DOCUMENTS) FROM SUCH APPLICATIONS OR SERVICES THAT YOU CREATE OR CHANGE WHILE USING THE SOFTWARE MAY BE INCAPABLE OF BEING RESTORED OR RECOVERED. NVIDIA SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE OR DATA OR ANY LOSS OF DATA OR INFORMATION ARISING FROM YOUR USE OF SOFTWARE. You acknowledge and agree that you are responsible for protecting and backing up your data and information on your Device and/or peripherals. It is recommended that you regularly back up any data.

3. Term and Termination.

This Agreement is effective until terminated. Each Software license commences upon your initial access and lasts until the earlier of (a) installation of an update that replaces the Software, (b) removal of the Software from your Device, and (c) termination of this Agreement. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from NVIDIA if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software.

4. Additional Services and Third Party Materials.

The Software may enable access to third party websites, products, services or information such as the TegraZone site, Google Play and other NVIDIA and third party websites and services ("Additional Services"). Such Additional Services may not be available in all languages or in all countries. Use of the Additional Services requires Internet access and use of certain Additional Services may require an NVIDIA, Google or other user account, may require you to accept additional terms and may be subject to additional fees. NVIDIA does not endorse or assume any responsibility for any third-party websites, products, services or information. If you access third party Additional Services from the Device, you do so at your own risk, and you understand that this Agreement and NVIDIA's privacy policy does not apply to your use of such websites or the products, services or information found in them. NVIDIA encourages you to review the privacy statements on those websites that you choose to visit so that you can understand how they may collect, use and share your personal information. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the products, services or information available on or through such websites; or (iii) the privacy statements or practices of websites controlled by other companies or organizations. The availability of those Additional Services does not imply any endorsement by NVIDIA and you expressly relieve NVIDIA from any and all liability arising from your use of any third party websites, products, services or information.

5. Notice of Collection of Information and Photosensitivity.

You hereby agree and acknowledge that the Software accesses, collects and transmits both non-personally identifiable information and personally identifiable information about you and the Device as well as configures the Device in order to: (a) optimize, maintain, repair and/or administer such system for use with the Software, (b) deliver content through the Software, (c) optimize, maintain, repair and/or administer NVIDIA products and services, and (d) deliver marketing communications. Information collected by the Software includes, but is not limited to, the Devices (a) hardware configuration and ID, (b) operating system and driver configuration, (c) installed games and applications, (d) games and applications settings, performance, and usage data, (e) usage metrics of the Software, and (f) location data to facilitate use of the Device in different geographical areas, and you consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for the Device, and that NVIDIA will have no responsibility for any damage or loss to the Device (including loss of data or access) arising from or relating to (y) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the Device (or any part of the Device) initiated through the Software; or (z) installation of any Software or third party software initiated through the Software. The Software may contain links to websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share your personal information. NVIDIA is not responsible or liable for: (i) the availability or accuracy of such links; or (ii) the products, services or information available on or through such links; or (iii) the privacy statements or practices of websites controlled by other companies or organizations. For system preferences, check the options available to you under "Settings" of the applicable NVIDIA control panel for the Software.

To the extent that you provide to NVIDIA during registration or otherwise your personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html.

6. Health and Safety Notice.

A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a television screen or when playing content such as video games may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has had seizures of any kind, consult your physician before playing. IMMEDIATELY DISCONTINUE use and consult your physician before resuming play if you or your child any of the following health problems or symptoms: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, seizures or any involuntary movement or convulsion. RESUME PLAY ONLY ON APPROVAL OF YOUR PHYSICIAN. Stop using the content or the Device immediately if you experience any of the following symptoms: lightheadedness, nausea or a sensation similar to motion sickness discomfort or pain in the eyes, ears, hands, arms or any other part of the body. If the condition persists, consult a doctor.

7. Indemnity

You agree to defend, indemnify and hold harmless NVIDIA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney's fees and costs incident to establishing the right of indemnification) arising out of or related to: (i) failure to comply with any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iii) failure to comply with any applicable law, rule or regulation; or (iv) negligence or willful misconduct.

8. Disclaimer of Warranties.

THE SOFTWARE IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS." USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. WITHOUT LIMITING THE FOREGOING, NVIDIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NVIDIA'S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE DEVICE.

SOME COUNTRIES, PROVINCES OR STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

NVIDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADDITIONAL SERVICES OFFERED BY A THIRD PARTY THROUGH THE DEVICE AND NVIDIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF ADDITIONAL SERVICES.

9. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE PROVIDED BY NVIDIA HEREUNDER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY AND WHETHER OR NOT NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA'S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT PAID TO NVIDIA FOR YOUR USE OF THE PARTICULAR DEVICE UPON WHICH LIABILITY IS BASED. THE NATURE OF THE LIABILITY AND/OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NVIDIA'S LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. To the extent that under applicable law some states, provinces or countries do not allow incidental, consequential, or other damages to be limited or excluded by contract, those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from NVIDIA even though NVIDIA does not provide for them under this Agreement, you cannot recover a total cumulative amount under this Agreement greater than the net amount paid to NVIDIA for the Device (or up to $10.00 USD if you acquired the Device for no charge). WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMERS, NVIDIA DOES NOT WARRANT ANY SOFTWARE APPLICATIONS UNDER THESE TERMS AND CONDITIONS. WARRANTIES, IF ANY, FOR SOFTWARE APPLICATIONS ARE CONTAINED IN THE APPLICABLE LICENSE AGREEMENT WHICH ACCOMPANIES THE SOFTWARE APPLICATION.

10. Governing Law and Your Rights.

This Agreement gives you specific legal rights. You may also have other rights which vary from state to state, and jurisdiction to jurisdiction. You hereby agree to all terms of this Agreement in the English language. This Agreement and all disputes that may arise from it shall be subject to and governed by the Governing Law and Your Rights and Binding Arbitration and Class Action/Jury Trial Waiver terms governing the Device posted at www.nvidia.com/warranty.

11. General.

Except as provided in this Agreement, you may not assign or transfer this Agreement and any of your rights and licenses hereunder, to any third party. NVIDIA may assign or transfer this Agreement or any of its rights hereunder without restriction. Any attempted transfer or assignment in violation of this Agreement hereof shall be null and void.

This Agreement, together with any amendments and any additional agreements you may enter into with NVIDIA in connection with the Software, shall constitute the entire agreement between you and NVIDIA concerning the Software. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

You acknowledge that the Software is subject to export restrictions of various countries and you must comply with all applicable export and re-export restrictions, laws and regulations.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NVIDIAs failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the other provisions of this Agreement will remain in full force and effect.

The Software has been developed entirely at private expense. If the Software is licensed to the United States government or any agency thereof, then the Software will be deemed to be "commercial items" consisting of "commercial software" and "commercial software documentation", respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable, provided with RESTRICTED RIGHTS. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050. Any use, reproduction, release, performance, display or disclosure of the Software and any accompanying documentation by the U.S. government or any agency thereof will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement.

Release date: April 28, 2017

The terms set forth in this Beta Supplement ("Supplement") govern your use of pre-release versions of Software under the terms of your SHIELD software license agreement ("Agreement") as modified by this Supplement. This Supplement is an exhibit to the Agreement and is hereby incorporated as an integral part thereto. The Agreement remains in full force and effect, as modified herein. Capitalized terms used but not defined herein shall have the meaning assigned to them in the Agreement. In the event of conflict between the terms in this Supplement and the terms in the Agreement, this Supplement shall control.

1. Beta Program.

The purpose of a Beta Program ("Beta Program") is to make alpha, beta, preview, and other pre-release Software ("Beta Software") and, as applicable, associated Content (as defined in Section 2) and services available to Beta Program participants from time to time for the purpose of providing NVIDIA with feedback on the quality and usability of the Beta Software alone or as used with your Device. You acknowledge and agree that such Beta Software (i) may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided NVIDIA software; and (ii) use of such Beta Software may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. THEREFORE, BETA SOFTWARE IS NOT INTENDED FOR USE, AND SHOULD NOT BE USED, IN PRODUCTION OR BUSINESS-CRITICAL SYSTEMS. NVIDIA has no obligation to make available a commercial version of any Beta Software provided to you under the Agreement and this Supplement, NVIDIA has the right to abandon development of Beta Software at any time without liability, and NVIDIA has no obligation to provide you any future commercial version of the Beta Software. The terms in the Agreement governing your use of Software govern your use of Beta Software, as modified herein. Additionally, subject to the terms of the Agreement and this Supplement NVIDIA hereby grants you a personal, revocable, non-exclusive license to access and use associated Content and services. Limited or no support may be provided as part of a Beta Program.

As a participant in a Beta Program, NVIDIA is sharing with you software and information that is NVIDIA proprietary and confidential. Do not copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any Beta Program software or information outside of the discussion forums set up by NVIDIA as described in the section below.

2. Discussion Forums and Content.

As part of the Beta Program, you may have the ability to participate in discussion forums set up by NVIDIA for participants of a specific Beta Program to share information about the Beta Software and other information that NVIDIA or discussion forum participants may make available to other participants. You are permitted to discuss information found in a discussion forum with other participants who are in the same Beta Program as you in the NVIDIA designated discussion forum for such Beta Program, and only within this discussion forum. Except for the limited purpose of discussions with other participants within such forums, NVIDIA does not grant you the right to copy, reproduce, publish, blog, disclose, transmit, or otherwise disseminate any discussion forum information. All information, text, links, graphics, images, sounds, and other materials ("Content") made available on the discussions forums are provided for informational purposes only and any use or reliance on any Content is at your own risk. The existence of Content or any opinions or advice expressed by participants on the discussion forums shall not be construed as or imply an endorsement or recommendation by NVIDIA. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NVIDIA or its licensors, except for the licenses and rights expressly granted under the Agreement and this Supplement. You agree not to circumvent, disable or otherwise interfere with any security-related features of the discussion forums or features that prevent or restrict use or copying of any Content or enforce limitations on use of the discussion forums or the Content therein.

You are responsible for all Content that you post and otherwise make available through the discussion forums. Any Content you transmit or post to discussion forums will be considered non-confidential and non-proprietary. NVIDIA will have no obligations with respect to such Content. NVIDIA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Content you posted and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You should be aware that any Content you post in a publicly viewable area can be read, collected, or used by other participants of discussion forums, and any personally identifiable information you provide can be used to send you unsolicited messages. You acknowledge that you will not able to remove Content from the discussion forums and copies of Content may continue to exist on the discussion forums and/or elsewhere, such as in published or recorded form once it has been obtained or reposted by others. You may contact NVIDIA to request removal of Content you posted. However, NVIDIA has no responsibility or liability for the removal or deletion of, or the failure to remove or delete, any Content on the discussion forums.

In connection with providing Content, you represent and warrant that: (i) you either are the sole and exclusive owner of the Content that you make available through the discussion forums or you have all rights, licenses, consents and releases that are necessary to grant the rights to the Content, as contemplated under the Agreement and this Supplement; and (ii) neither the Content nor your posting, publication, submission or transmittal of it or the use of it (or any portion thereof) on, through or by means of the discussion forums will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

In connection with providing Content, you further represent and warrant that you will not post, submit or otherwise transmit any Content or other material that: (i) contains any confidential information or any competitive benchmarking information; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to legal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal activities; or (xiii) contains any malware, viruses, or other destructive code.

NVIDIA reserves the right, at any time and without prior notice, to review, edit, remove or disable access to any Content: (i) that NVIDIA considers, in its sole discretion, to be in violation of the Agreement or this Supplement or otherwise harmful to the discussion forums; (ii) for the purpose of operating the discussion forums; (iii) to ensure your compliance with the Agreement and this Supplement; or (iv) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Further, NVIDIA may elect to remove any Content if properly notified that such Content infringes on another party's intellectual property rights.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by mailing your notice to the attention of the NVIDIA Copyright Agent, NVIDIA Corporation Legal Department, with an address at 2701 San Tomas Expressway, Santa Clara CA 95050 USA in accordance with 17 U.S.C 512(c)(3). Additional information about NVIDIA's copyright notice and procedures are located at http://www.nvidia.com/object/copyright_claims.html. You acknowledge that if you fail to comply with all of the DMCA requirements, your DMCA notice may not be valid.

3. Beta Program Termination.

A Beta Program may be terminated by NVIDIA, in whole or in part, at any time at NVIDIA's discretion. Additionally, your participation in a Beta Program may be terminated, in whole or in part, at any time at either party's discretion. For you to terminate your participation in a Beta Program, install an update that replaces the Beta Software or otherwise remove the Beta Software from your Device and cease accessing or using associated Content or services. For NVIDIA to terminate a Beta Program or your participation in a Beta Program, NVIDIA will either install an update that replaces the Beta Software or otherwise remove the Beta Software from your Device or send you a termination notice, at which point you shall cease accessing or using the Beta Software, Content or services. Upon the expiration or termination of this Supplement, you shall cease accessing or using the Beta Software, Content or services.

4. Expiration of Termination of This Supplement.

Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the Agreement. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to Software under the Agreement.