Hitachi LE32H405 End User License Agreement for HITACHI DTV Software

End User License Agreement for HITACHI DTV Software

END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE

IMPORTANT- READ CAREFULLY: This End User License Agreement forHITACHI

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 digital television software installed on the DTV (the "DTV Software") or any

Upgrade (as defined below, and together with the DTV 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.

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, as sign or otherwise

transfer the Software or any ofyour 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 incombination with any non-Hitachi software; and

d. 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

or facilitated by your failure to abide by the terms of this Agreement. Youagree

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 intellectuaI 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 DTV 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 cardor 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, tF

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 MEDIATO HITACHI.

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

alI 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 orotherwise, including, without limitation, any claims

for lost profits, lost good will, lost data, business interruption, procurement of

substitute goods or services, orexpenditures made or committed for in reliance

on the continuation of this agreement, even if advised in advance of the

possibility 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 orbug in the

software shall constitute a failure of the essential purpose of this agreement.

g. 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 inany way out of the use ofthe 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. ThisAgreement 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.

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 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 ortransport 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