Mitsubishi Electric WD-73727 Owner's Manual page 117

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MITSUBISHI
TV SOFTWARE
END-USER
UCENSE
AGREEMENT
FOR EMBEDDED
SOFTWARE
mMPORTANT
= READ CAREFULLY:
This License Agreement
is a lega! agreement
between
you (either an individual
or an entity)
and Mitsubishi
Digital
Electronics
America,
Inc. (MDEA) for all software
pre installed
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 LIMITATmONS.
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 pre installed.
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.
Sejoaration
of Components.
The Software
is licensed
as a single product.
Its component
parts
may not be separated
for use on
more than one TM
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.
WOLATIONS.
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 inte!lectual
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.
DmSCLAmMER OF WARRANTY.
EXCEPT
AS OTHERWmSE
PROVIDED
_N THiS
LICENSE
OR iN THE LIMITED
WARRANTY
APPUCABLE
TO THE TV, MDEA
MAKES
NO OTHER
WARRANTmES
OF ANY KmND WHATSOEVER
REGARDmNG
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
mMPUED 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,
INDRECT,
SPECIAL,
iNCiDENTAL
OR CONSEQUENTIAL
DAMAGES
OF ANY KiND
OR
NATURE.
BECAUSE
SOME
JURISDICT_ONS
DO NOT ALLOW
THE EXCLUSION
OR UMITATmON
OF mMPUED WARRANTIES,
THE ABOVE
LiMiTATiON
MAY NOT APPLY TO YOU.
7=
LIMITATION
OF UABILITY.
MDEA SHALL
NOT, UNDER
ANY C_RCUMSTANCES
BE UABLE
TO YOU OR ANY THIRD
PARTmES FOR ANY DAMAGES
OF ANY NATURE,
WHETHER
mNDIRECT, SPECIAL,
mNCIDENTAL,
CONSEQUENTBAL
OF{ OTHERWISE,
INCLUDING,
BUT NOT LiMiTED
TO, ANY CLAIMS
FOR LOST PROFITS,
LOSS OF GOOD WiLL OR
EXPENDmTURES
MADE
OR COMMITTED
FOR mNRELIANCE
ON THE CONTINUATmON
OF THiS
LICENSE.
YOU AGREE
THAT NEmTHER MDEA'S
BREACH
OF THiS
LICENSE
NOR roTSFAILURE
TO REPAIR
A DEFECT,
ERROR
OF{ BUG SHALL
CONSTITUTE
A FAILURE
OF THE ESSENTIAL
PURPOSE
OF THIS UCENSE.
BECAUSE
SOME
JURmSDmCTmONS DO NOT
ALLOW
THE EXCLUSION
OR LiMiTATiON
OF LIABiLiTY
FOB CONSEQUENTIAL
OR iNCiDENTAL
DAMAGES,
THE ABOVE
LIMmTAT}ONS
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 Hmited
to the money
paid by you for the TV (based
on fair market
vamue of the TV) that
caused
the damages.
8.
GENERAL.
This License Agreement
will be governed
by the laws of the State of California.
WARNING: This product contains chemicals known to the State of California to cause cancer and/or birth defects
or other reproductive
harm.
Trademark
and License
information
117

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