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.
