Trademark and License Information 91
Mitsubishi TV Sof twareEND-USER LICENSE AGREE MENT FOR EMBEDDED SOFTWARE
IMPORTANT – READ CAREFULLY: This Licens e Agreement is a legal agreemen t between you (either an individual or a n entity) and
Mitsubishi Digital Electr onics America, Inc. (MDEA ) for all software pre installed a nd/or provided along with this television (“ Software”).
By utilizing this television and Sof tware, you agree to be bound by the terms of this L icense Agreement.
The Software is protected by Un ited States copyright laws and internat ional treaty provisions, as well as ot her intellectual propert y laws
and treaties. The Softwa re is licensed, not sold.
1. LICENSE GRANT. MDEA gra nts you a non-exclusive, non-transferab le, limited right and license to use one c opy of the Software
only with the Mitsubishi televisio n model that included this owner’s guide and ow ned by you.
2. R IGHTS AND LIMITATIONS.
Software Not for Resale. You may not rese ll or otherwise transfer for value th e Software, except in conjunction wi th a sale of the TV that
Software has been pre ins talled.
Prohibition on Reverse Enginee ring, Decompilation and Disas sembly. The Software contains tra de secrets or other proprietar y material
in its human perceivable form a nd to protect them, you may not reverse engine er, decompile, or disassemble, or other wise reduce the
Software to any human percei vable form, except to the extent that the foregoin g restriction is expressly proh ibited by applicable law.
Separation of Components. T he Software is licensed as a sin gle product. Its component par ts may not be separated for use on more
than one TV.
No Rental. You may not rent, lease, lend, or subl icense the Software.
Trademarks. This License Agreement does not g rant you any rights to any trademarks of MDE A.
3. VIOLATIONS. You understand tha t any use, copying or transfer of the Soft ware, except as permitted pursua nt to this License,
may subject you to serious crimina l and civil penalties including da mages and an award to MDEA of attorneys’ fe es in connection with
any violation of this License. You furthe r understand that you may be held leg ally responsible for any copyright i nfringement or other
violation of intellectual prop erty rights that is caused, e ncouraged, or induced by your failur e to abide by the terms of the License. This
license is effective until ter minated, and will terminate immediately w ithout notice from MDEA or judici al resolution if you fail to comply
with any provision of this License.
4. COPYRIGHT. All title and inte llectual propert y rights in and to the Softwa re (including but not limite d to any images, photographs,
animations, video, audio, music, tex t, and “applets” incorporated into the S oftware), and any accompanying printe d materials are
owned by or licensed to MDEA . All title and intellectual proper ty rights in and to the content which m ay be accessed through use of the
Software is the proper ty of the respective content owner an d may be protected by applicable copyrig ht or other intellectual proper ty
laws and treaties. This Licens e Agreement grants you no rights to use s uch content, except that you own the media on whic h the
Software is recorded, bu t MDEA and its licensors reta in ownership of the Software itse lf. All rights not expressly granted ar e reserved
by MDEA.
5. EXPORT RESTRICTIONS. MDEA is lic ensing the Software for use withi n the United States. You agree that you will not export
or re-export the Soft ware. You specifically agree not to expor t or re-export the Softwar e: (i) to any country to which the U.S. has
embargoed or restricted t he export of goods or service s, which currently include, but ar e not necessarily limited to Cuba, Ir an, Iraq,
Libya, North Korea, Sudan, an d Syria, or to any national of any such count ry, wherever located, who intends to transmit o r transport the
Software back to such countr y; (ii) to any person or entity who yo u know or have reason to know will utilize the Soft ware in the design,
development, or production of nu clear, chemical, or biological weapon s; or (iii) to any person or entity who ha s been prohibited from
participating in U.S. expor t transactions by any federal agenc y of the U.S. government. You warrant and represent th at neither the BXA
nor any other U.S. federal agency ha s suspended, revoked, or denied your expo rt privileges.
6. DIS CLAIMER OF WARRANT Y. EXCEPT AS OTHERWISE PROVIDE D IN THIS LICENSE OR IN THE LI MITED WARRANTY
APPLICABLE TO THE TV, MDEA M AKES NO OTHER WARRANTIE S OF ANY KIND WHATSOEVER REG ARDING THE SOFTWARE
AND HEREBY EXPRES SLY DISCLAIMS ALL WARRANTI ES OF ANY KIND WHATSOEVER , EXPRESS OR IMPLIED, WIT H
RESPECT TO THE SOFTWAR E. ALL IMPLIED WARRANT IES, INCLUDING, WITHO UT LIMITATION, THE IMPLIED WARRANTI ES
OF MERCHANTABILITY AN D FITNESS FOR A PARTICULAR PU RPOSE ARE HEREBY EXPRE SSLY DISCLAIMED BY MDEA . IN
NO EVENT SHALL MDE A BE LIABLE TO YOU OR ANY THIRD PARTIE S, IN CONTRACT, IN TORT OR OTHERWIS E, FOR ANY
DIRECT, INDIRECT, SPECIAL, I NCIDENTAL OR CONSEQUENTI AL DAMAGES OF ANY KIND OR NATURE . BECAUSE SOME
JURISDICTIONS DO N OT ALLOW THE EXCLUSION OR LIMITATION OF IMPLI ED WARRANTIES, THE ABOV E LIMITATION MAY
NOT APPLY TO YOU.
7. LIMITATION OF LIABILIT Y. MDEA SHALL NOT, UNDER ANY CIRCU MSTANCES BE LIABLE TO YOU OR ANY THIR D
PARTIES FOR ANY DAMAGES OF ANY N ATURE, WHETHER INDIREC T, SPECIAL, INCIDENTAL, CON SEQUENTIAL
OR OTHERWISE, INCLU DING, BUT NOT LIMITED TO, ANY C LAIMS FOR LOST PROFITS, LOS S OF GOOD WILL OR
EXPENDITURES MA DE OR COMMITTED FOR IN REL IANCE ON THE CONTINUATION OF THI S LICENSE. YOU AGREE THAT
NEITHER MDEA’S BREACH O F THIS LICENSE NOR ITS FAILUR E TO REPAIR A DEFECT, ERROR OR BUG SHALL C ONSTITUTE
A FAILURE OF THE ESSENTI AL PURPOSE OF THIS LICENS E. BECAUSE SOME JURISD ICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABIL ITY FOR CONSEQUENTIA L OR INCIDENTAL DAMAGES, THE AB OVE LIMITATIONS MAY
NOT APPLY TO YOU. MDEA’s liability to you for d irect damages for a ny cause whatsoever a nd regardless of th e form of the
action, will be li mited to the money pai d by you for the TV (based o n fair market value of th e TV) that cause d the damages.
8. GENER AL. This License Agreeme nt will be governed by the laws of the State of Califor nia.