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END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE
IMPORTANT – READ CAREFULLY: This End User License Agreement for
HITACHI DTV Software (this “Agreement”) is a legal agreement between
you (“you” or “your”), in your capacity as the owner of a HITACHI brand
digital television (the “DTV”), and HITACHI America, Ltd., Home
Electronics Division ("HITACHI"). By using the DTV or the operating
system software installed on the DTV (the "System Software") or any
Upgrade (as defined below, and together with the System Software, the
“Software”), you agree to be bound by the terms and conditions of this
Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS LICENSE
AGREEMENT, DO NOT USE THE DTV OR THE SOFTWARE.
1. LICENSE GRANT. HITACHI grants to you, for the life of the DTV, a
non-exclusive, non-transferable, revocable license to install and
use one copy of the Software on the DTV, subject to the following
limitations and restrictions:
a. You may not share, duplicate, republish or redistribute the
Software;
b. You may not resell, rent, lease, sublicense, gift, loan, assign or
otherwise transfer the Software or any of your rights under
this Agreement;
c. You may not modify, adapt, translate, reverse engineer,
decompile, disassemble or make derivative works from the
Software or use the Software in combination with any non-
Hitachi software; and
d. You may not use the Software for any commercial purpose.
2. VIOLATIONS; INDEMNITY. You understand and agree that your
use of the Software in any manner except as permitted under this
Agreement could constitute a serious crime and could subject you
to damages and an award to HITACHI of attorneys’ fees in
connection with your violation of this Agreement. You further
understand that you may be held legally responsible for any
copyright infringement or other violation of intellectual property
rights caused or facilitated by your failure to abide by the terms of
this Agreement. You agree to defend, indemnify and hold HITACHI
and its parent and affiliate companies harmless from and against
any and all liability resulting from any breach by you of this
Agreement.
3. INTELLECTUAL PROPERTY. The Software is protected by federal
copyright laws, international copyright treaties and other intellectual
property laws and treaties. The Software is licensed, not sold, to
you. All right, title and interest in and to the Software and any
intellectual property associated therewith, including any
accompanying printed materials, shall belong to HITACHI and its
licensors and suppliers. Except as expressly provided herein,
neither HITACHI nor any of its licensors or suppliers grants to you
under this Agreement any express or implied right in or to any
patents, copyrights, trademarks, trade secrets or other intellectual
property. All right, title and interest in and to the intellectual
property rights associated with any content that is accessible
through use of the Software shall belong to the applicable content
owners and may be protected by copyright or other intellectual
property laws and treaties. This Agreement grants you no rights to
use such content. Any rights of HITACHI not expressly granted to
you hereunder are reserved expressly by Hitachi.
4. SOFTWARE UPGRADES. In the future, HITACHI may release or
make available one or more upgrades to the System Software
(each, an “Upgrade”). You understand and agree that if you decide
to install or use any Upgrade, your installation and use of such
Upgrade and/or any other software or intellectual property
HITACHI may provide in connection therewith shall be governed by
the terms and conditions of this Agreement, except to the extent
that HITACHI provides different or supplementary license terms or
conditions that accompany such Upgrade or other software or
intellectual property. In the event HITACHI provides you with a
“flash card” or other media to effect or facilitate an Upgrade, you
understand and acknowledge that your failure to return such flash
card or other media to HITACHI as HITACHI may require could
result in HITACHI placing your name and your DTV’s serial number
on a “No Further Upgrades” list, which will prohibit you from
receiving any subsequent Upgrades HITACHI may later release or
make available. IF YOU DO NOT AGREE WITH ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT OR ALL THE TERMS
AND CONDITIONS OF ANY DIFFERENT OR SUPPLEMENTARY
LICENSE THAT MAY ACCOMPANY SUCH UPGRADE, (A) DO NOT
USE ANY HITACHI-PROVIDED FLASH CARD OR OTHER MEDIA,
(B) DO NOT PERFORM INSTALL ANY HITACHI-PROVIDED
UPGRADE SOFTWARE ON YOUR DTV, AND (C) PROMPTLY
RETURN SUCH FLASH CARD OR OTHER MEDIA TO HITACHI.
5. EXPORT RESTRICTIONS. HITACHI is licensing the Software for
use within North America only. You agree that you will not export or
re-export the Software. You specifically agree not to export or re-
export the Software: (i) to any country to which the U.S. has
embargoed or restricted the export of goods or services, which
currently include, but are not necessarily limited to Cuba, Iran,
Libya, North Korea, Sudan and Syria, or to any national of any such
country, wherever located, who intends to transmit or transport the
Software back to such country; (ii) to any person or entity who you
know or have reason to know will utilize the Software in the design,
development, or production of nuclear, chemical, or biological
weapons; or (iii) to any person or entity who has been prohibited
from participating in U.S. export transactions by any federal agency
of the U.S. government. You warrant and represent that neither the
U.S. Bureau of Industry and Security nor any other U.S federal
Agency has suspended, revoked, or denied your export privileges.
6. NO WARRANTIES. The software is provided to you in "as is”
condition and HITACHI makes no warranties of any kind
whatsoever regarding the software and, to the maximum extent
permitted by law, hereby expressly disclaims all warranties of any
kind whatsoever, express or implied, with respect to the software.
All implied warranties, including without limitation, the implied
warranties of non-infringement, merchantability and fitness for a
particular purpose are hereby expressly disclaimed by hitachi to
the maximum extent permitted by law.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by
applicable law, HITACHI, its licensors, suppliers, parent
companies, affiliates, subsidiaries, employees and agents shall not
under any circumstances be liable to you or any third parties for
any damages of any nature arising in any way from this agreement,
your use of the software or otherwise, whether indirect, special,
incidental, consequential or otherwise, including, without limitation,
any claims for lost profits, lost good will, lost data, business
interruption, procurement of substitute goods or services, or
expenditures made or committed for in reliance on the continuation
of this agreement, even if advised in advance of the possiblity of
such damages.
8. NO FAILURE OF ESSENTIAL PURPOSE. You agree that neither
HITACHI’S breach of this agreement nor its failure to repair a
defect, error or bug in the software shall constitute a failure of the
essential purpose of this agreement.
9. CRYPTOGRAPHIC SOFTWARE. The software contains software
developed by the openssl project, including cryptographic software
written by eric young (the "cryptographic software"). The
cryptographic software is provided by the openssl project in "as is''
condition and any express or implied warranties, including but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose are hereby expressly disclaimed to the
maximum extent permitted by law. In no event shall the openssl
project, its contributors, HITACHI or any of its parent or affiliate
companies be liable for any direct, indirect, incidental, special,
exemplary, or consequential damages (including, but not limited to,
procurement of substitute goods or services; loss of use, data, or
profits; or business interruption) however caused and on any theory
of liability, whether in contract, strict liability, or tort (including
negligence or otherwise) arising in any way out of the use of the
software or the cryptographic software, even if advised in advance
of the possibility of such damages.
10. TERMINATION. HITACHI may terminate this Agreement
immediately at any time by providing notice to you.
11. GOVERNING LAW; SEVERABILITY. This Agreement will be
governed by the laws of the State of New York, and you consent to
the exclusive jurisdiction and venue in the federal courts sitting in
the Southern District of New York, unless no federal subject matter
jurisdiction exists, in which case you consent to the exclusive
jurisdiction and venue in the Borough of Manhattan, New York,
USA.
End User Licence Agreement for HITACHI DTV Software