78 Trademark and License Information

Mitsubishi TV Software

END-USER LICENSE AGREE MENT FOR EMBEDDED SOFTWARE

IMPORTANT – READ CAREFU LLY: This License Agreement is a legal agre ement between you (either an ind ividual or an entity) and
Mitsubishi Digital Ele ctronics America, Inc. (MD EA) for all software pre ins talled and/or provided along wi th this television (“Softwar e”).
By utilizing this television an d Software, you agree to be bound by the te rms of this License Agreeme nt.
The Software is protecte d by United States copyright laws and inte rnational treaty provisio ns, as well as other intellectual pr operty laws
and treaties. The Soft ware is licensed, not sold.
1. LICENSE GRANT. MDEA g rants you a non-exclusive, non-tra nsferable, limited right and li cense to use one copy of the Softwar e
only with the Mitsubishi televi sion model that included this ow ner’s guide and owned by you.
2. RIGHTS AND LIMITATIONS.
Software Not for Resale. You may not re sell or otherwise transfer f or value the Software, except in conj unction with a sale of the TV
that Software has been p re installed.
Prohibition on Reverse Engin eering, Decompilation an d Disassembly. The Software c ontains trade secrets or othe r proprietary material
in its human perceivable fo rm and to protect them, you may not reverse e ngineer, decompile, or disasse mble, or otherwise reduce th e
Software to any human perc eivable form, except to the extent that the fo regoing restriction is expre ssly prohibited by applicab le law.
Separation of Component s. The Software is license d as a single product. Its compon ent parts may not be separated f or use on more
than one TV.
No Rental. You may not rent, lease, lend, o r sublicense the Software.
Trademarks. This License Agre ement does not grant you any righ ts to any trademarks of MDEA.
3. VIOLATIONS. You understand that any use, copyi ng or transfer of the Software, exce pt as permitted pursuant to t his License,
may subject you to serious cri minal and civil penalties inc luding damages and an award to MDE A of attorneys’ fees in connectio n with
any violation of this License. You fur ther understand that you may be h eld legally responsible fo r any copyright infringement or o ther
violation of intellectual p roperty rights that is cau sed, encouraged, or induce d by your failure to abide by the terms of the Li cense. This
license is effective until te rminated, and will terminate imme diately without notice from MDE A or judicial resolution if you fa il to comply
with any provision of this Licen se.
4. COPYRIGHT. All title and intellectu al property rights in an d to the Software (including bu t not limited to any images,
photographs, animation s, video, audio, music, text, and ��appl ets” incorporated into the Soft ware), and any accompanying printe d
materials are owned by or licen sed to MDEA. All title and intel lectual property rig hts in and to the content which may be acce ssed
through use of the Softwar e is the property of the respe ctive content owner and may be protecte d by applicable copyright or othe r
intellectual proper ty laws and treaties. This Lice nse Agreement grants you no ri ghts to use such content, except that you own th e
media on which the Softwa re is recorded, but MDEA and i ts licensors retain owners hip of the Software itself. All rig hts not expressly
granted are reserved by MD EA.
5. EXPORT RESTRICTIONS. MDE A is licensing the Softwar e for use within the United States. You agree tha t you will 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 whic h the U.S. has
embargoed or restric ted the export of goods or ser vices, which currently incl ude, but are not necessarily l imited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan , and Syria, or to any national of any suc h country, wherever located, who inten ds to transmit or transpor t the
Software back to such coun try; (ii) to any person or entit y who you know or have reason to know will utilize t he Software in the design,
development, or productio n of nuclear, chemical, or biologica l weapons; or (iii) to any person or e ntity who has been prohibite d from
participating in U.S. expor t transactions by any feder al agency of the U.S. government. You warrant an d represent that neither the BX A
nor any other U.S. federal agen cy has suspended, revoked, or deni ed your export privileges .
6. DISCLAIMER 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 WARRANTI ES OF ANY KIND WHATSOEVER R EGARDING THE SOFT WARE
AND HEREBY EXPRES SLY DISCLAIMS ALL WARRANT IES OF ANY KIND WHATSOEVE R, EXPRESS OR IMPLIE D, WITH
RESPECT TO THE SOFTWA RE. ALL IMPLIED WARRAN TIES, INCLUDING, WIT HOUT LIMITATION, THE IMPLIED WARRA NTIES
OF MERCHANTABILITY A ND FITNESS FOR A PARTICULA R PURPOSE ARE HEREBY EX PRESSLY DISCLAIMED BY MDE A. IN
NO EVENT SHALL MDE A BE LIABLE TO YOU OR ANY THIRD PARTI ES, IN CONTRACT, IN TORT OR OTHERWI SE, FOR ANY
DIRECT, INDIRECT, SPECIAL , INCIDENTAL OR CONSEQUEN TIAL DAMAGES OF ANY KIND OR N ATURE. BECAUSE SOME
JURISDICTIONS DO N OT ALLOW THE EXCLUSION OR LIMI TATION OF IMPLIED WARRANTIES, THE A BOVE LIMITATION MAY
NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. MDEA SHAL L NOT, UNDER ANY CIRCUMSTANCES BE L IABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DAMAGES OF AN Y NATURE, WHETHER INDIR ECT, SPECIAL, INCIDENTAL, C ONSEQUENTIAL
OR OTHERWISE, INC LUDING, BUT NOT LIMITED TO, AN Y CLAIMS FOR LOST PROFITS , LOSS OF GOOD WILL OR
EXPENDITURES MA DE OR COMMITTED FOR IN RE LIANCE ON THE CONTINUATION OF TH IS LICENSE. YOU AGREE THAT
NEITHER MDEA’S BRE ACH OF THIS LICENSE NOR ITS FAIL URE TO REPAIR A DEFECT, ERROR OR BUG SH ALL CONSTITUTE
A FAILURE OF THE ESSENTI AL PURPOSE OF THIS LICEN SE. BECAUSE SOME JURI SDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABI LITY FOR CONSEQUENT IAL OR INCIDENTAL DAMAGES, TH E ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. MDEA’s liability to you f or direct damages fo r any cause whatsoeve r and regardless o f the form of the
action, will be li mited to the money pai d by you for the TV (base d on fair market value of t he TV) that cau sed the damages.
8. GENERAL. This License Agreeme nt will be governed by the laws of the State of Cali fornia.
WARNING: This product contains chemicals known to the Sta te of California to cause cancer and/or birth defects
or other reproductive harm.