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
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
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
101