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Mitsubishi
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END-USER LICENSE AGREEMENT FOR EMBEDDED SOFTWARE
IMPORTANT- READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or
an
entity) and
Mitsubishi Digital Electronics America, Inc. (MDEA) for all software pre installed and/or provided along with this television ("Software"). By
utilizing this television and Software, you agree to be bound by the terms of this License Agreement.
The
Software is protected by United States copyright laws and international treaty provisions, as well as other intellectual property laws and
treaties. The Software is licensed, not sold.
1.
LICENSE GRANT. MDEA grants you a non-exclusive, non-transferable, limited right and license
to
use one copy
of
the Software
only with the Mitsubishi television model that included this owner's guide and owned by you.
2.
RIGHTS AND LIMITATIONS.
Software Not for Resale.
You
may not resell or otherwise transfer for value the Software, except
in
conjunction with a sale
of
the TV that
Software has been pre installed.
Prohibition on Reverse Engineering, Decompilation and Disassembly. The Software contains trade secrets
or
other proprietary material
in
its human perceivable form and to protect them, you may not reverse engineer, decompile, or disassemble, or otherwise reduce the
Software to any human perceivable form, except to the extent that the foregoing restriction is expressly prohibited by applicable
law.
Separation ofComponents. The Software is licensed as a single product. Its component parts may not be separated for use
on
more than
one
TV.
No
Rental.
You
may not rent, lease, lend
or
sublicense the Software.
Trademarks. This License Agreement does not grant you any rights to any trademarks
of
MDEA.
3.
VIOLATIONS.
You
understand that any use, copying or transfer
of
the Software, except
as
permitted pursuant to this License,
may subject you to serious criminal and civil penalties including damages and
an
award to MDEA of attorneys' fees
in
connection with any
violation ofthis License.
You
further understand that you may be held legally responsible for any copyright infringement or other violation
of intellectual property rights that is caused, encouraged or induced by your failure to abide by the terms ofthe License. This license
is effective until terminated and will terminate immediately without notice from MDEA or judicial resolution if you fail to comply with any
provision
of
this License.
4.
COPYRIGHT. All title and intellectual property rights
in
and to the Software (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the Software), and any accompanying printed materials are owned by
or licensed to MDEA. All title and intellectual property rights
in
and to the content which may be accessed through use
of
the Software is
the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This License Agreement grants you no rights to use such content, except that you own the media
on
which the Software is recorded, but
MDEA and its licensors retain ownership of the Software itself. All rights not expressly granted are reserved by MDEA.
5.
EXPORT RESTRICTIONS. MDEA is licensing the Software for use within the United States.
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, Iraq, 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 BXA nor any other U.S. federal
agency has suspended, revoked,
or
denied your export privileges.
6. DISCLAIMER OF WARRANTY. EXCEPT
AS
OTHERWISE PROVIDED IN THIS LICENSE OR IN THE LIMITED WARRANTY
APPLICABLE TO THE TV,
MDEA
MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE SOFTWARE
AND 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 MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED
BY
MDEA. IN
NO EVENTSHALL MDEA BE LIABLE TO YOU OR ANY THIRD PARTIES, IN CONTRACT, IN TORT OR OTHERWISE, FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
7.
LIMITATION OF LIABILITY. MDEA SHALL NOT, UNDER ANY CIRCUMSTANCES
BE
LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGES OF ANY NATURE, WHETHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOSS OF GOOD WILL OR EXPENDITURES MADE OR
COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS LICENSE. YOU AGREE THAT NEITHER MDEA'S BREACH OF
THIS LICENSE NOR ITS FAILURE TO REPAIR A DEFECT, ERROR OR BUG SHALL CONSTITUTE A FAILURE OF THE ESSENTIAL
PURPOSE OF THIS LICENSE. BECAUSE SOMEJURISDICTIONS
DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MDEA's liability to you
for direct damages for any cause whatsoever and regardless
of
the
form of the action, will be limited to the money paid by you for
the
TV
(based on fair marketvalue ofthe TV) that caused the damages.
8.
GENERAL. This License Agreement will be governed by the laws
of
the State of California.
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