END-USER LICENSE AGREEMENT FOR EMBEDDED SOFTWARE
IMPORTANT – READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or an entity) and Mitsubishi Digital Electronics America, Inc. (MDEA) for all software preinstalled and/or provided along with this television (“Software”). By utilizing this television and Software, you agree to be bound by the terms of this License Agreement.
The Software is protected by United States copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1.LICENSE GRANT. MDEA grants you a non-exclusive, non-transferable, limited right and license to use one copy of the Software only with the Mitsubishi television model that included this owner’s guide and owned by you.
2. RIGHTS AND LIMITATIONS.
Software Not for Resale. You may not resell or otherwise transfer for value the Software, except in conjunction with a sale of the TV that Software has been preinstalled.
Prohibition on Reverse Engineering, Decompilation and Disassembly. The Software contains trade secrets or other proprietary material in its human perceivable form and to protect them, you may not reverse engineer, decompile, or disassemble, or otherwise reduce the Software to any human perceivable form, except to the extent that the foregoing restriction is expressly prohibited by applicable law.
Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use on more than one TV.
No Rental. You may not rent, lease, lend, or sublicense the Software.
Trademarks. This License Agreement does not grant you any rights to any trademarks of MDEA.
3.VIOLATIONS. You understand that any use, copying or transfer of the Software, except as permitted pursuant to this License, may subject you to serious criminal and civil penalties including damages and an award to MDEA of attorneys’ fees in connection with any violation of this License. You further understand that you may be held legally responsible for any copyright infringement
or other violation of intellectual property rights that is caused, encouraged, or induced by your failure to abide by the terms of the License. This license is effective until terminated, and will terminate immediately without notice from MDEA or judicial resolution 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 images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software), and any accompanying printed materials are owned by or licensed to MDEA. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content, except that you own the media on which the Software is recorded, but MDEA and its licensors retain ownership of the Software itself. All rights not expressly granted are reserved by MDEA.
5.EXPORT RESTRICTIONS. MDEA is licensing the Software for use within the United States. 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, Iraq, 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 BXA nor any other U.S. federal agency has suspended, revoked, or denied your export privileges.
6.DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE PROVIDED IN THIS LICENSE OR IN THE LIMITED WARRANTY APPLICABLE TO THE TV, MDEA MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE SOFTWARE AND 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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED BY MDEA. IN NO EVENT SHALL MDEA BE LIABLE TO YOU OR ANY THIRD PARTIES, IN CONTRACT, IN TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE. BECAUSE SOME JURISDITIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.LIMITATION OF LIABILITY. MDEA SHALL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES OF ANY NATURE, WHETHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOSS OF GOOD WILL OR EXPENDITURES MADE OR COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS LICENSE. YOU AGREE THAT NEITHER MDEA’S BREACH OF THIS LICENSE NOR ITS FAILURE TO REPAIR A DEFECT, ERROR OR BUG SHALL CONSTITUTE A FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MDEA’s liability to you for direct damages for any cause whatsoever and regardless of the form of the action, will be limited to the money paid by you for the TV (based on fair market value of the TV) that caused the damages.
8.GENERAL. This License Agreement will be governed by the laws of the State of California.
