Western Digital WDBHG70000NBK User Manual - Page 219

The Author Or The Publisher Be Liable To You On Any Legal Theory For Any Special

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WD TV Live Streaming Media Player User Manual d. Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work. e. Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You. f. Source Code" refers to the collection of source code and configuration files used to create the Executable Files. g. Standard Version" refers to such a Work if it has not been modified, or has been modified in accordance with the consent of the Author, such consent being in the full discretion of the Author. h. Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles. i. You" is you, an individual or entity wishing to use the Work and exercise your rights under this License. 2. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: a. You may use the standard version of the Source Code or Executable Files in Your own applications. b. You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or from the Author. A Work modified in such a way shall still be considered the standard version and will be subject to this License. c. You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a Derivative Work, provided that You insert a prominent notice in each changed file stating how, when and where You changed that file. d. You may distribute the standard version of the Executable Files and Source Code or Derivative Work in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution. e. The Articles discussing the Work published in any form by the author may not be distributed or republished without the Author's consent. The author retains copyright to any such Articles. You may use the Executable Files and Source Code pursuant to this License but you may not repost or republish or otherwise distribute or make available the Articles, without the prior written consent of the Author. Any subroutines or modules supplied by You and linked into the Source Code or Executable Files this Work shall not be considered part of this Work and will not be subject to the terms of this License. 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 APPENDIX - 214

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WD TV Live Streaming Media Player
User Manual
APPENDIX
– 214
d.
Executable Files" refer to the executables, binary files, configuration and any required data files
included in the Work.
e.
Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by
which the Work is obtained by You.
f.
Source Code" refers to the collection of source code and configuration files used to create the
Executable Files.
g.
Standard Version" refers to such a Work if it has not been modified, or has been modified in
accordance with the consent of the Author, such consent being in the full discretion of the Author.
h.
Work" refers to the collection of files distributed by the Publisher, including the Source Code,
Executable Files, binaries, data files, documentation, whitepapers and the Articles.
i.
You" is you, an individual or entity wishing to use the Work and exercise your rights under this License.
2.
Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising
from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under
copyright law or other applicable laws.
3.
License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a
worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
a.
You may use the standard version of the Source Code or Executable Files in Your own applications.
b.
You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or
from the Author. A Work modified in such a way shall still be considered the standard version and will
be subject to this License.
c.
You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a
Derivative Work, provided that You insert a prominent notice in each changed file stating how, when
and where You changed that file.
d.
You may distribute the standard version of the Executable Files and Source Code or Derivative Work in
aggregate with other (possibly commercial) programs as part of a larger (possibly commercial)
software distribution.
e.
The Articles discussing the Work published in any form by the author may not be distributed or
republished without the Author's consent. The author retains copyright to any such Articles. You may
use the Executable Files and Source Code pursuant to this License but you may not repost or
republish or otherwise distribute or make available the Articles, without the prior written consent of the
Author.
Any subroutines or modules supplied by You and linked into the Source Code or Executable Files this
Work shall not be considered part of this Work and will not be subject to the terms of this License.
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