Hitachi 50C20 End User Licence Agreement for HITACHI DTV Software

License Agreement

END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE

IMPORTANT – READ CAREFULLY: This End User License Agreement for

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

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

digital television (the “DTV”), and HITACHIAmerica, 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. HITACHIgrants 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 HITACHIof attorneys’ fees in

connection with your violation of this Agreement. You further

understand that you may be held legally responsible for any

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

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 HITACHIand its

licensors and suppliers. Except as expressly provided herein,

neither HITACHInor 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 HITACHInot 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

HITACHImay provide in connection therewith shall be governed by

the terms and conditions of this Agreement, except to the extent

that HITACHIprovides different or supplementary license terms or

conditions that accompany such Upgrade or other software or

intellectual property. In the event HITACHIprovides 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 HITACHIas HITACHI may require could

result in HITACHIplacing your name and your DTV’s serial number

on a “No Further Upgrades” list, which will prohibit you from

receiving any subsequent Upgrades HITACHImay 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 HITACHImakes 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

HITACHIS 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, HITACHIor 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.

End User Licence Agreement for HITACHI DTV Software