Hitachi 42V715 Owners Guide - Page 81

Limitation Of Liability., No Failure Of Essential Purpose, Cryptographic Software, Termination, - repair

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END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL HAL-HED OR ANY OF ITS PARENT OR AFFILIATE COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; LOSS OF GOODWILL, EXPENDITURES MADE OR COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS LICENSE AGREEMENT OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8. NO FAILURE OF ESSENTIAL PURPOSE. YOU AGREE THAT NO FAILURE TO REPAIR A DEFECT, ERROR OR BUG IN THE SOFTWARE SHALL CONSTITUTE A FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT. 9. CRYPTOGRAPHIC SOFTWARE. THIS PRODUCT CONTAINS SOFTWARE DEVELOPED BY THE OpenSSL PROJECT INCLUDING CRYPTOGRAPHIC SOFTWARE WRITTEN BY ERIC YOUNG (THE "CRYPTOGRAPHIC SOFTWARE"). THE CRYPTOGRAPHIC SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE OpenSSL PROJECT, ITS CONTRIBUTORS, HAL-HED OR ANY OF ITS PARENT OR AFFILIATE COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE OR THE CRYPTOGRAPHIC SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 10. TERMINATION. This License Agreement may be terminated at any time by HAL-HED effective immediately upon notice to you. 11. GOVERNING LAW; SEVERABILITY. This Agreement shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules, and any disputes hereunder shall be subject to the exclusive jurisdiction and venue of the U.S. Federal Courts in the Southern District of California. If any part of this License Agreement is unenforceable, the remainder shall be valid and binding to the maximum extent permitted by applicable law. 81

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81
END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL HAL-HED OR ANY OF ITS PARENT OR AFFILIATE COMPA-
NIES BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEM-
PLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; LOSS OF GOODWILL, EXPENDITURES MADE OR
COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS LICENSE AGREEMENT OR BUSINESS INTER-
RUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILI-
TY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. NO FAILURE OF ESSENTIAL PURPOSE
.
YOU AGREE THAT NO FAILURE TO REPAIR A DEFECT, ERROR OR
BUG IN THE SOFTWARE SHALL CONSTITUTE A FAILURE OF THE ESSENTIAL PURPOSE OF THIS LICENSE
AGREEMENT.
9. CRYPTOGRAPHIC SOFTWARE
.
THIS PRODUCT CONTAINS SOFTWARE DEVELOPED BY THE OpenSSL PRO-
JECT INCLUDING CRYPTOGRAPHIC SOFTWARE WRITTEN BY ERIC YOUNG (THE "CRYPTOGRAPHIC SOFT-
WARE").
THE CRYPTOGRAPHIC SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE OpenSSL PROJECT, ITS CONTRIBU-
TORS, HAL-HED OR ANY OF ITS PARENT OR AFFILIATE COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PRO-
CUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTER-
RUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILI-
TY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
SOFTWARE OR THE CRYPTOGRAPHIC SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGE.
10. TERMINATION
.
This License Agreement may be terminated at any time by HAL-HED effective immediately upon
notice to you.
11. GOVERNING LAW; SEVERABILITY.
This Agreement shall be governed and construed in accordance with the laws
of the State of California, without regard to its conflict of laws rules, and any disputes hereunder shall be subject to the
exclusive jurisdiction and venue of the U.S. Federal Courts in the Southern District of California.
If any part of this
License Agreement is unenforceable, the remainder shall be valid and binding to the maximum extent permitted by appli-
cable law.