AQUOS ADVANTAGE LIVE Terms and Conditions

Last Updated: February 15, 2008

IMPORTANT !! PLEASE READ THE FOLLOWING CAREFULLY. The following AQUOS Advantage Live Terms and Conditions, which include the AQUOS Net Terms and Conditions of Use and AQUOS Net Privacy Policy incorporated herein by reference, (collectively, "AAL Terms and Conditions") is a legal agreement and governs your access to and use of the AQUOS Advantage Live support service provided via telephone and via the Internet for remote assistance ("Support Services") by Sharp Electronics of Canada Ltd., its affiliates and/or third party contractors ("Sharp").

ELIGIBILITY TO ACCESS AND USE AQUOS NET MUST BE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 1 BELOW.

1. Terms of Use

Sharp provides You with access to and use of the Support Services subject to Your compliance with these AAL Terms and Conditions. Sharp reserves the right to refuse to provide Support Service to anyone at any time for any reason. You represent and warrant that You: (a) are located in Canada; (b) are at least 18 years old; (c) have the right, authority and capacity to bind yourself to these AAL Terms and Conditions; and (d) have read and agree to the AQUOS Net Terms of Use and AQUOS Net Privacy Policy. To the extent there is a conflict between these AAL Terms and Conditions, the AQUOS Net Terms of Use and AQUOS Net Privacy Policy, the precedence of terms shall be these AAL Terms and Conditions, followed by the AQUOS Net Terms of Use followed by the AQUOS Net Privacy Policy. You may access the AQUOS Net Terms of Use and AQUOS Net Privacy Policy on the main page of the AQUOS Net interface on your television.

Support Services made available pursuant to these AAL Terms and Conditions shall only be for persons who have purchased AQUOS Net capable televisions in Canada for operation and use in Canada. Use of AQUOS Advantage Live to obtain Support Services in connection with AQUOS Net capable televisions procured and located outside of Canada shall be subject to a separate agreement between the applicable Sharp Affiliate and the applicable purchaser for use in the jurisdiction purchased.

2. Authorization to Access

You hereby authorize Sharp to remotely access and control Your television via the Internet for the purposes of providing the Support Services, which include configuration, servicing, troubleshooting, repair and/or system diagnostics. In connection with providing Support Services to You hereby authorize Sharp to gather system data, take control of Your television and access or modify Your television settings.

3. Consent to Use of Data

In providing the Support Services Sharp may collect certain information including without limitation, Your name, address, postal code, telephone number, MAC address, information concerning Your television, its configuration and set-up and other similar information and data ("Service Data"). You hereby authorize Sharp to collect and use Service Data gathered in any manner, including, without limitation, via telephone or online, as part of the Support Services provided to You. Sharp’s practices concerning the collection, use and disclosure of Your information, including Service Data, in providing the Support Services and otherwise is subject to and in compliance with Sharp`s AQUOS Net Privacy Policy. The AQUOS Net Privacy Policy provides in part that Sharp may use Service Data to provide the Support Services, to improve our products or services or to provide customized services or technologies to You. Sharp may disclose the information gathered to third parties, but not in a form that personally identifies You.

4. Commencement and Termination of Support Services

You may initiate Support Services via telephone by calling the AQUOS Advantage Live telephone number and providing the support agent with the unique connection number, both of which will be made available to You via the AQUOS Advantage Live interface on your television following your acceptance of these AAL Terms and Conditions. The support agent will provide Support Services to You via a combination of telephone and Internet for remote assistance. You may end Your Support Services session provided via the Internet for remote assistance at any time by pressing "Exit" on Your television`s remote control. Once You or the support agent ends the Support Services session via remote assistance, Sharp will no longer be able to access, control or gather information from Your television. You or the support agent may end Your Support Services session provided via telephone by ending the telephone call at any time.

SHARP RESERVES THE RIGHT TO SUSPEND OR LIMIT OR TERMINATE OR CEASE TO PROVIDE THE AQUOS ADVANTAGE LIVE PROGRAM AND/OR ANY SUPPORT SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND FOR ANY REASON FOLLOWING INITIATION BY YOU, AND SHARP WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SUCH SUSPENSION, LIMITATION OR TERMINATION.

Upon termination, any provisions of these Terms and Conditions which, by their nature, are intended to survive termination, including, but not limited to, all limitations, disclaimers and exclusions and Paragraphs 3, 4 and 10 through 19 inclusively shall continue to survive.

5. Monitoring of Support Services

Sharp may, and You consent to Sharp, recording or monitoring Support Service sessions (telephone and television control) for the purposes of quality assurance, improving customer service and for internal training and research purposes. Notwithstanding, Sharp has no obligation to record or monitor Support Service sessions.

6. Support Services Availability

Sharp may not be able to remotely access Your television for any number of reasons, including, but not limited to, power failure, other Internet connection failure, or failure to configure Your television properly. Sharp may periodically perform maintenance on AQUOS Advantage Live from time to time without providing notice to You and during such times Support Services provided via the Internet for remote assistance may not be available. Sharp, its directors, officers, employees, agents, affiliates and contractors are not liable to You or any third party with respect to such failures or maintenance outages, regardless of cause or whether it could have been avoided.

7. Modifications to the Support Services

Sharp reserves the right, for any reason and in its sole discretion and without notice to You, to modify, change or discontinue any and all aspects of the Support Services, including, without limitation, method of delivery, features and/or hours of availability and Sharp shall not be liable to You or any third party for such modification, change or discontinuation, if any.

8. Support Service Limitations

Depending on the nature of the issue that arises or the problem You encounter with Your television, Sharp may not be able to provide adequate support to You or resolve the problem with Your television via the telephone and/or remote assistance function. Accordingly, some issues or problems may require servicing or repair by a technician or through other means. In the event of such occasion, the support agent may recommend another course of action to You for support or resolution of Your issue or problem. Sharp is not liable or responsible to You under these AAL Terms and Conditions to provide any such servicing or repair. You understand and confirm that Sharp is unable to guarantee or confirm that data transmission over the Internet and telephone discussions over public telecommunications are secure and therefore that information (including personal information) You communicate or provide to Sharp will be free from unauthorized intrusion or intercept.

9. Fees and Equipment.

AQUOS Advantage Live is currently provided to You free of charge; however, Sharp reserves the right to institute new charges or revise (increase or decrease) existing charges at any time and in its sole discretion for the use of Support Services. Further, You shall be responsible for obtaining or maintaining all television, Internet hardware, Internet connectivity and other equipment or services needed for access to AQUOS Advantage Live and all charges related thereto. You acknowledge and agree that Sharp may engage third party subcontractors to assist in the operation of AQUOS Advantage Live and the provision of the Support Services.

10. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUPPORT SERVICES PROVIDED THROUGH AQUOS ADVANTAGE LIVE ARE PROVIDED BY SHARP ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER. SHARP AND ITS AFFILIATES EXPRESSLY DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OR CONDITIONS OF SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, USEFULNESS, OR ERROR-FREE OR UNINTERRUPTED OPERATION OR USE OF THE SUPPORT SERVICES, OR THAT AQUOS ADVANTAGE LIVE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT SHARP WILL BE ABLE TO DIAGNOSE OR CORRECT ANY OR ALL ERRORS OR PROBLEMS OR REPORTED ISSUES. SHARP AND ITS AFFILIATES MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUPPORT SERVICES NOR SHALL THEY BE LIABLE TO YOU FOR ANY DECISIONS OR RELIANCE BASED ON ANY SUPPORT SERVICES PROVIDED. SOME JURISDICTIONS DO NOT APPLY THE EXCLUSION OF CERTAIN WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISION OF SUPPORT SERVICES ARE NOT INTENDED TO AND THEY DO NOT AMEND OR REPLACE OR SUPPLEMENT THE PRODUCT WARRANTY (AND/OR SHARP’S OBLIGATIONS PURSUANT TO SAME) CONCERNING THE SHARP AQUOS TELEVISION THROUGH WHICH YOU ACCESS AQUOS ADVANTAGE LIVE AND/OR ANY SUPPORT SERVICES. THE END-USER CUSTOMER WARRANTY PROVIDED TOGETHER WITH YOUR SHARP AQUOS TELEVISION IS THE SOLE AND EXCLUSIVE WARRANTY STATEMENT CONCERING YOUR SHARP AQUOS TELEVISION.

11. Limitation of Liability

IN NO EVENT SHALL SHARP AND/OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE, INABILITY TO USE SUPPORT SERVICES, COST OF SUBSTITUTE SERVICES OR OTHER LOSS ARISING OUT OF OR RELATING TO OR IN ANY CONNECTION WITH AQUOS ADVANTAGE LIVE AND/OR SUPPORT SERVICES PROVIDED HEREUNDER. THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION, IF BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE AND WHETHER OR NOT SHARP AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. IF YOU ARE DISSATISFIED WITH AQUOS ADVANTAGE LIVE, THE SUPPORT SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF SHARP IN OPERATING AQUOS ADVANTAGE LIVE AND IN PROVIDING THE SUPPORT SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING AQUOS ADVANTAGE LIVE AND SUPPORT SERVICES. IN NO EVENT SHALL SHARP’S AND/OR ITS AFFILIATES` AGGREGATE CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO AQUOS ADVANTAGE LIVE AND/OR SUPPORT SERVICES PROVIDED HEREUNDER EXCEED FIFTY CDN DOLLARS ($50). YOU HEREBY RELEASE SHARP AND/OR ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

12. Indemnity

You hereby agree to defend, indemnify and hold harmless Sharp, its Affiliates and their respective directors, officers, employees, agents, affiliates and contractors from and against all claims, losses, damages, expenses, liabilities and costs, including reasonable attorneys` fees, arising from or relating to Your access to and use of AQUOS Advantage Live, Support Services and/or breach of these AAL Terms and Conditions.

13. Governing Law/Waiver of Jury Trial

AQUOS Advantage Live and/or the provision of the Support Services is administered by Sharp from a site that is located in Mississauga Ontario, Canada. You acknowledge and agree that your use of AQUOS Advantage Live and/or the provision of the Support Services, and all of the communications, transmissions and transactions associated with AQUOS Advantage Live and/or Support Services shall be deemed to have occurred in the Province of Ontario, Canada, and these AAL Terms and Conditions, Your use of AQUOS Advantage Live, and all related matters shall be exclusively governed, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention of the International Sale of Goods shall not apply to this Agreement. You irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder and waive any objection to such jurisdiction or venue. Any claim by You arising in any connection with use of AQUOS Advantage Live and/or any Support Services must be brought within two (2) years after the cause of action has arisen or such claim or cause of action is barred. You and Sharp hereby waive trial by jury with respect to any dispute relating to these AAL Terms and Conditions, AQUOS Advantage Live and/or any Support Services.

14. Entire Agreement.

These AAL Terms and Conditions, including the AQUOS Net Terms of Use and AQUOS Net Privacy Policy, which are incorporated herein and made an integral part hereof, are the entire agreement between You and Sharp with respect to AQUOS Advantage Live and the Support Services contemplated herein and supercede any and all statements or other agreements, whether oral or written, between You and Sharp. These AAL Terms and Conditions may not be altered, edited, supplemented or amended by You in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by an authorized representative of Sharp in writing.

15. Waiver/Severability.

No delay or omission by Sharp to exercise any right or power it has under these AAL Terms and Conditions or to object to the failure of any covenant of You to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. No consent or waiver by Sharp of any breach or default by You in Your performance of Your obligations under these AAL Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of Yours. No consent or waiver will be effective unless in writing and signed by Sharp. If any provision of these AAL Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the original intent of the provision to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the AAL Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these AAL Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. English Language.

The parties agree that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu`elles exigent que les modalités de cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.

17. Notices.

Any notices from Sharp to You relating to these AAL Terms and Conditions or Support Services shall be brought to Your attention the next time you use AQUOS Advantage Live and/or posted on AQOUS Net and/or posted on www.sharp.ca/AQUOSadvantage/legal/ which is accessible via your PC. You should therefore regularly review AQOUS Net and/or on www.sharp.ca/AQUOSadvantage/legal/ . Any notices, questions or comments by You related to AAL Terms and Conditions or Support Services should be directed to:

Legal Department
Sharp Electronics of Canada Ltd.
335 Britannia Road East, Mississauga, Ontario L4Z 1W9
Attention: Assistant Vice President Corporate Services

18. Assignment.

Sharp may assign these AAL Terms and Conditions, in whole or in part, to any third party at any time with or without notice to You. You may not assign or transfer these AAL Terms and Conditions.

19. Force Majeure.

Sharp shall not be liable to You or any other person for any delay or failure in any connection with AQUOS Advantage Live and/or any Support Services that is due or attributable to caused by or is a result of acts beyond Sharp`s reasonable control, including, but not limited to, acts of God, third party failures (including Sharp Affiliates or subcontractors), Internet (or other communication or telecommunication network) failures or delays, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Sharp.

Sharp and AQUOS are registered trademarks of Sharp Corporation.