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End User License Agreement for HITACHI DTV Software
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 digital television software installed on the DTV (the "DTV Software") or any
Upgrade (as defined below, and together with the DTV 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.
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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, as sign 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.
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.
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 intellectuaI 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.
SOFTWARE UPGRADES, In the future, HITACHI may release or make
available one or more upgrades to the DTV 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, tF
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 MEDIATO HITACHI.
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.
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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
alI 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
possibility 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.
g. 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.
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 reexport 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
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