Trademark and License Information 39
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Mitsubishi TV SoftwareEND-USER LICENSE AGREEMENT FOR EMBEDDED SOFTWARE
IMPORTANT – READ CAREFULLY: This License Agre ement is a legal agreement bet ween you (either an individual or an enti ty) and
Mitsubishi Electric Visual Solutio ns America, Inc. (MEVSA) for all s oftware pre installed and/or provi ded along with this television
(“Software”). By utilizing this televi sion and Software, you agree to be b ound by the terms of this License Agre ement.
The Software is protected by Unite d States copyright laws and intern ational treaty provisions, a s well as other intellectual propert y laws
and treaties. The Software is lice nsed, not sold.
1. LICENSE GRANT. MEVSA grants you a no n-exclusive, non-transferable, l imited right and license to use one co py of the
Software only with the Mitsubis hi television model that include d this owner’s guide and owned by you.
2. RIGHTS AND LIMITATIONS.
Software Not for Resale. You may not resell or othe rwise transfer for value the Sof tware, except in conjunction with a sale of th e TV that
Software has been pre install ed.
Prohibition on Reverse Engineering, De compilation and Disassemb ly. The Software contains trade sec rets or other proprietary mate rial
in its human perceivable form and to prote ct them, you may not reverse engineer, decomp ile, or disassemble, or otherw ise reduce the
Software to any human perceivabl e form, except to the extent that the foregoin g restriction is expressly pro hibited by applicable law.
Separation of Components. The Sof tware is licensed as a single prod uct. Its component parts may not b e separated for use on more
than one TV.
No Rental. You may not rent, lease, lend, or sublicen se the Software.
Trademarks. This License Agreement do es not grant you any rights to any tradema rks of MEVSA.
3. VIOLATIONS. You understand that any use, copying or transfer of t he Software, except as permit ted pursuant to this License,
may subject you to serious criminal an d civil penalties including dama ges and an award to MEVSA of attorneys’ fee s in connection with
any violation of this License. You further unde rstand that you may be held legally re sponsible for any copyright infrin gement or other
violation of intellectual proper ty rights that is caused, enco uraged, or induced by your failure to ab ide by the terms of the License. This
license is effective until terminated, a nd will terminate immediately without no tice from MEVSA or judicial resoluti on if you fail to comply
with any provision of this License.
4. COPYRIGHT. All title and intellectual property rights in and to the Software ( including but not limited to any image s, photographs,
animations, video, audio, music, text, a nd “applets” incorporated into th e Software), and any accompanyin g printed materials are owned
by or licensed to MEVSA. All title and inte llectual property right s in and to the content which may be accesse d through use of the
Software is the property of th e respective content owner and may be p rotected by applicable copyrigh t or other intellectual proper ty laws
and treaties. This License Agree ment grants you no rights to use such c ontent, except that you own the media on which th e Software is
recorded, but MEVSA and its licen sors retain ownership of the Sof tware itself. All rights not expre ssly granted are reserved by ME VSA.
5. EXPORT RESTRICTIONS. MEVSA is licensing the Softwa re for use within the United States. You agree that you wi ll not
export or re-export the Sof tware. You specifically agree not to exp ort or re-export the Sof tware: (i) to any country to which th e U.S. has
embargoed or restricted the expor t of goods or services, whi ch currently include, but are not nec essarily limited to Cuba, Iran, Ir aq, Libya,
North Korea, Sudan, and Syria, or to a ny national of any such country, wherever loc ated, who intends to transmit or trans port the Software
back to such country; (ii) to any pers on or entity who you know or have reason to k now will utilize the Software in the desi gn, development,
or production of nuclear, chemical, or biolog ical weapons; or (iii) to any person o r entity who has been prohibited fr om participating in
U.S. export transactions by any feder al agency of the U.S. government. You warrant and repr esent that neither the BXA nor any oth er U.S.
federal agency has suspended, revoke d, or denied your export privile ges.
6. DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE PROVIDED I N THIS LICENSE OR IN THE LIM ITED WARRANTY
APPLICABLE TO THE TV, MEVSA MAKES N O OTHER WARRANTIES OF ANY KI ND WHATSOEVER REGARDIN G THE SOFTWARE
AND HEREBY EXPRESSLY DISCLA IMS ALL WARRANTIES OF ANY K IND WHATSOEVER, EXPRES S OR IMPLIED, WITH
RESPECT TO THE SOFTWARE. A LL IMPLIED WARRANTIES, IN CLUDING, WITHOUT LIMITATION, THE IM PLIED WARRANTIES
OF MERCHANTABILITY AND FITN ESS FOR A PARTICULAR PURPOS E ARE HEREBY EXPRESSLY DISCL AIMED BY MEVSA. IN
NO EVENT SHALL MEVSA BE LI ABLE TO YOU OR ANY THIRD PARTIES, IN CO NTRACT, IN TORT OR OTHERWISE, FOR AN Y
DIRECT, INDIRECT, SPECIAL, INCI DENTAL OR CONSEQUENTIAL DA MAGES OF ANY KIND OR NATURE. BE CAUSE SOME
JURISDICTIONS DO NOT ALLOW TH E EXCLUSION OR LIMITATION OF IMPLIED WARR ANTIES, THE ABOVE LIMI TATION MAY
NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. MEVS A SHALL NOT, UNDER ANY CIRCUMS TANCES BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGES OF ANY NATURE, W HETHER INDIRECT, SPECIAL , INCIDENTAL, CONSEQ UENTIAL OR
OTHERWISE, INCLUDING, B UT NOT LIMITED TO, ANY CLAIM S FOR LOST PROFITS, LOSS OF GOOD WILL O R EXPENDITURES
MADE OR COMMITTED FOR IN RE LIANCE ON THE CONTINUATION OF THI S LICENSE. YOU AGREE THAT NEITHE R MEVSA’S
BREACH OF THIS LICENSE NOR I TS FAILURE TO REPAIR A DEFECT, ERROR OR BUG S HALL CONSTITUTE A FAILURE OF TH E
ESSENTIAL PURPOSE OF TH IS LICENSE. BECAUSE SO ME JURISDICTIONS DO NO T ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQU ENTIAL OR INCIDENTAL DAMAGES , THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MEVSA’s
liability to you for dir ect damages for any ca use whatsoever and re gardless of the form o f the action, will be l imited to the money
paid by you for the TV (base d on fair market value of t he TV) that caus ed the damages.
8. GENERAL. This License Agreement will be governed by the laws of the State of Califor nia.