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HITACHI PROJECTOR MANAGEMENT AND CONTROL SOFTWARE
LICENSE AGREEMENT NOTICE TO CUSTOMER: PLEASE READ THIS CONTRACT CAREFULLY. BY SIGNING THIS LICENSE AGREEMENT OR BY DOWNLOADING, ACCESSING AND/OR USING ALL OR ANY PORTION OF THE HITACHI PROJECTOR MANAGEMENT SOFTWARE AND/OR THE HITACHI PROJECTOR CONTROL SOFTWARE, INCLUDING ANY THIRD PARTY SOFTWARE THAT MAY BE INCLUDED THEREWITH (individually and collectively, the "SOFTWARE"), YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE THIS SOFTWARE.
Hitachi America, Ltd. ("Hitachi") and/or its suppliers, including but not limited to Hitachi, Ltd., own all intellectual property in the Software. Hitachi permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions that may be found in a separate license agreement or "Read Me" file located near such materials.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Hitachi or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Hitachi (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Hitachi. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Hitachi" means Hitachi America, Ltd., a New York corporation, 2000 Sierra Point Parkway, Brisbane, California 94005, USA.
2. Software License. Subject to the terms of this Software License Agreement (this "Agreement"), Hitachi grants to you a non-exclusive, non-transferable, limited license to Use the Software for the purposes described in the Documentation. Hitachi reserves the right to cancel or terminate this Agreement at any time in its sole discretion. 2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers. 2.2 Server Use and Distribution. 2.2.1 Subject to the terms of this Agreement, you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software (from an unlimited number of client computers on your internal network) in accordance with this Agreement. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted. 2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4. 2.4 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.2.1 and 2.3, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer. 2.5 No Modification. You may not alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by Hitachi for managing and controlling Hitachi projectors only. You are not authorized to integrate or use the Software with any other software, hardware, plug-in or enhancement which uses or relies upon the Software to perform any other functions or to control any other devices. 2.6 Third Party Software. The Software is designed to operate in conjunction with certain third party software, including but not limited to Microsoft Corporationfs Windows operating systems ("Third Party Software"). Your access to and use of any Third Party Software is governed by the terms and conditions applicable to such Third Party Software. Third Party Software is not owned or operated by Hitachi. YOUR USE OF THIRD PARTY SOFTWARE IS AT YOUR OWN RISK. HITACHI MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SOFTWARE. 2.7 Disclaimers and Limitations on Liability. 2.7.1 Warranty Disclaimer. ALL THIRD PARTY SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND. HITACHI AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO HITACHI, LTD., MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO ANY THIRD PARTY SOFTWARE. BY USING THE THIRD PARTY SOFTWARE, YOU ARE KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISK OF LOSS OR DAMAGE IN CONNECTION WITH SUCH THIRD PARTY SOFTWARE. 2.7.2 Indemnity. You agree to hold Hitachi and its suppliers, including but not limited to Hitachi, Ltd., harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any Third Party Software. 2.7.3 Limit of Liability. UNDER NO CIRCUMSTANCES WILL HITACHI OR ANY OF ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO HITACHI, LTD., BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT; LOST OR DAMAGED DATA; DOWNTIME; ANY OTHER COMMERCIAL OR ECONOMIC LOSS; OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON ANY THIRD PARTY SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Hitachi America, Ltd. and/or its suppliers, including but not limited to Hitachi, Ltd. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Hitachi America, Ltd. and its suppliers, including but not limited to Hitachi, Ltd. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Hitachi and its suppliers, including but not limited to Hitachi, Ltd.
4. Restrictions. 4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software. 4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Hitachi to provide the information necessary to achieve such operability and Hitachi has not made such information available. Hitachi has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Hitachi and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to Hitachi America, Ltd., Digital Media Division, 2000 Sierra Point Parkway, Brisbane, California 94005, Attn: Technical Support Department. 4.3 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. 4.4 International Peace and Safety. You may not use the Software or any product used with the Software for any act that obstructs or diminishes the maintenance of international peace and safety.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Hitachi may have to support the previous versions of the Software shall terminate upon availability of the Update.
6. NO WARRANTIES. The Software is being delivered to you "AS IS" and Hitachi makes no warranty as to its use or performance. HITACHI AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO HITACHI, LTD., DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT TO THE EXTENT PROHIBITED BY LAW IN YOUR JURISDICTION, HITACHI AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER IN CONNECTION WITH THE SOFTWARE, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. BY DOWNLOADING AND/OR USING THE SOFTWARE, YOU ARE KNOWINGLY AND VOLUNTARILY ASSUMING ALL RISK OF LOSS OR DAMAGE IN CONNECTION WITH THE SOFTWARE. YOU ARE REQUIRED TO TAKE ALL REASONABLE MEASURES TO AVOID AND REDUCE DAMAGES, INCLUDING BUT NOT LIMITED TO MAKING BACK-UP COPIES OF ALL YOUR COMPUTER DATA. IN NO EVENT WILL HITACHI OR ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO HITACHI, LTD., BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, CLAIMS OR COSTS WHATSOEVER AND/OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS; ANY LOSS OF USE, REVENUE OR PROFIT; ANY LOST OR DAMAGED DATA; DOWNTIME; AND/OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS EVEN IF A HITACHI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. HITACHI'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO HITACHI, LTD., UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO THE AMOUNT PAID FOR THE HITACHI SOFTWARE, IF ANY, OR FIFTY U.S. DOLLARS (US$50.00), WHICHEVER IS MORE. Nothing contained in this Agreement limits Hitachi's liability to you in the event of death or personal injury resulting from Hitachi's negligence or for the tort of deceit (fraud). Hitachi is acting on behalf of its suppliers, including but not limited to Hitachi, Ltd., for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California. The respective courts of San Mateo County, California shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction (including California) or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Hitachi. Updates may be licensed to you by Hitachi with additional or different terms. This is the entire agreement between Hitachi and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
11. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States, Hitachi America, Ltd., 2000 Sierra Point Parkway, Brisbane, CA 94005, USA.
12. Compliance with Licenses. If you are a business or organization, you agree that upon request from Hitachi or Hitachi's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Hitachi.
If you have any questions regarding this Agreement or if you wish to request any information from Hitachi please contact Hitachi America, Ltd., Digital Media Division, 2000 Sierra Point Parkway, Brisbane, California 94005.
"Hitachi" is the registered trademark of Hitachi, Ltd. "Microsoft" and "Windows" are the registered trademarks of the Microsoft Corporation. Any other brands or products referred to in this Agreement are the trademarks of their respective companies.
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