Western Digital WDBACA0010BBK Instruction Manual - Page 231

License Or The Use Of The Work Or Otherwise, Even If The Author Or The Publisher

Page 231 highlights

WD TV Live Hub Media Center User Manual 4. Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, import, and otherwise transfer the Work. 5. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions: a. You agree not to remove any of the original copyright, patent, trademark, and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files. b. You agree not to advertise or in any way imply that this Work is a product of Your own. c. The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author. d. You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by itself, though, cannot be sold, leased or rented. e. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License. f. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work. 6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS. 7. Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or attorneys' fees) resulting from or relating to any use of the Work by You. 8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Termination. a. This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and 11 will survive any termination of this License. b. If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements You claim are made by the Work, your License from such contributor to the Work ends automatically. c. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. 10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice 11. Miscellaneous a. This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual, the laws of location of the principal place of residence of the Author. b. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. c. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. d. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound by any additional provisions that may appear in any APPENDIX - 226

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174
  • 175
  • 176
  • 177
  • 178
  • 179
  • 180
  • 181
  • 182
  • 183
  • 184
  • 185
  • 186
  • 187
  • 188
  • 189
  • 190
  • 191
  • 192
  • 193
  • 194
  • 195
  • 196
  • 197
  • 198
  • 199
  • 200
  • 201
  • 202
  • 203
  • 204
  • 205
  • 206
  • 207
  • 208
  • 209
  • 210
  • 211
  • 212
  • 213
  • 214
  • 215
  • 216
  • 217
  • 218
  • 219
  • 220
  • 221
  • 222
  • 223
  • 224
  • 225
  • 226
  • 227
  • 228
  • 229
  • 230
  • 231
  • 232
  • 233
  • 234
  • 235
  • 236
  • 237
  • 238
  • 239
  • 240
  • 241

WD TV Live Hub Media Center
User Manual
APPENDIX
– 226
4.
Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a
perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section)
patent license to make, have made, use, import, and otherwise transfer the Work.
5.
Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the
following restrictions:
a.
You agree not to remove any of the original copyright, patent, trademark, and attribution notices and
associated disclaimers that may appear in the Source Code or Executable Files.
b.
You agree not to advertise or in any way imply that this Work is a product of Your own.
c.
The name of the Author may not be used to endorse or promote products derived from the Work
without the prior written consent of the Author.
d.
You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the
Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by
itself, though, cannot be sold, leased or rented.
e.
You may distribute the Executable Files and Source Code only under the terms of this License, and
You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the
Executable Files or Source Code You distribute and ensure that anyone receiving such Executable
Files and Source Code agrees that the terms of this License apply to such Executable Files and/or
Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this
License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may
not distribute the Executable Files or Source Code with any technological measures that control
access or use of the Work in a manner inconsistent with the terms of this License.
f.
You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal,
immoral or improper material. The Work is subject to applicable export laws. You agree to comply with
all such laws and regulations that may apply to the Work after Your receipt of the Work.
6.
Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS
AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR
GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT
INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL
EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR
THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF
VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR
DERIVATIVE WORKS.
7.
Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and
against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or
attorneys’ fees) resulting from or relating to any use of the Work by You.
8.
Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.
Termination.
a.
This License and the rights granted hereunder will terminate automatically upon any breach by You of
any term of this License. Individuals or entities who have received Derivative Works from You under this
License, however, will not have their licenses terminated provided such individuals or entities remain in
full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and 11 will survive any termination of
this License.
b.
If You bring a copyright, trademark, patent or any other infringement claim against any contributor over
infringements You claim are made by the Work, your License from such contributor to the Work ends
automatically.
c.
Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work
under different license terms or to stop distributing the Work at any time; provided, however that any
such election will not serve to withdraw this License (or any other license that has been, or is required
to be, granted under the terms of this License), and this License will continue in full force and effect
unless terminated as stated above.
10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be
responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher
makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on
any legal theory for any damages whatsoever, including without limitation any general, special, incidental
or consequential damages arising in connection to this license. The Publisher reserves the right to cease
making the Work available to You at any time without notice
11. Miscellaneous
a.
This License shall be governed by the laws of the location of the head office of the Author or if the
Author is an individual, the laws of location of the principal place of residence of the Author.
b.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the
validity or enforceability of the remainder of the terms of this License, and without further action by the
parties to this License, such provision shall be reformed to the minimum extent necessary to make
such provision valid and enforceable.
c.
No term or provision of this License shall be deemed waived and no breach consented to unless such
waiver or consent shall be in writing and signed by the party to be charged with such waiver or
consent.
d.
This License constitutes the entire agreement between the parties with respect to the Work licensed
herein. There are no understandings, agreements or representations with respect to the Work not
specified herein. The Author shall not be bound by any additional provisions that may appear in any