End user license agreement for hitachi software – Hitachi UT42V702 User Manual

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END USER LICENSE AGREEMENT FOR HITACHI SOFTWARE

IMPORTANT – READ CAREFULLY: This End User License Agreement for

HITACHI Software (this “Agreement”) is a legal agreement between you (“you”

or “your”), in your capacity as the owner of a

HITACHI brand display product

(the “Product”), and

HITACHI Home Electronics (America), Inc. (“HITACHI”). By

using the Product or the

HITACHI software installed on the Product (the “HITACHI

Software”) or any Upgrade (as defined below, and together with the

HITACHI

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 PRODUCT OR THE SOFTWARE.

LICENSE GRANT.

HITACHI grants to you, for the life of the Product, a

non-exclusive, non-transferable, revocable license to install and use one

copy of the Software on the Product, subject to the following limitations and

restrictions:

You may not share, duplicate, republish or redistribute the Software;

You may not resell, rent, lease, sublicense, gift, loan, as sign or

otherwise transfer the Software or any of your rights under this

Agreement;

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

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 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.

SOFTWARE UPGRADES.

In the future,

HITACHI may release or make

available one or more upgrades to the

HITACHI 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 Product’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 PRODUCT, AND (C) PROMPTLY RETURN SUCH FLASH CARD

OR OTHER MEDIA TO

HITACHI.

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 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.

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.

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.

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.

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.

TERMINATION.

10.

HITACHI may terminate this Agreement immediately at any

time by providing notice to you.

GOVERNING LAW; SEVERABILITY.

11.

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.