END USER LICENSE AGREEMENT FOR HITACHI DTV SOFTWARE
5. EXPORT RESTRICTIONS. Hitachi is licensing the Software for use within North America only. 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, 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 U.S. Bureau of Industry and Security nor any other U.S federal Agency has suspended, revoked, or
denied your export privileges.
6. NO WARRANTIES. THE SOFTWARE IS PROVIDED TO YOU IN "AS IS? CONDITION AND HITACHI MAKES
NO WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE SOFTWARE AND, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE. ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED
BY HITACHI TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HITACHI, ITS
LICENSORS, SUPPLIERS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, EMPLOYEES AND AGENTS
SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY
DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM THIS AGREEMENT, YOUR USE OF THE
SOFTWARE OR OTHERWISE, WHETHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR LOST PROFITS, LOST GOOD WILL,
LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR
EXPENDITURES MADE OR COMMITTED FOR IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT,
EVEN IF ADVISED IN ADVANCE OF THE POSSIBLITY OF SUCH DAMAGES.
8. NO FAILURE OF ESSENTIAL PURPOSE. YOU AGREE THAT NEITHER HITACHI?S BREACH OF THIS
AGREEMENT NOR ITS FAILURE TO REPAIR A DEFECT, ERROR OR BUG IN THE SOFTWARE SHALL
CONSTITUTE A FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
9. CRYPTOGRAPHIC SOFTWARE. THE SOFTWARE 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 IN "AS IS''
CONDITION AND ANY EXPRESS 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, HITACHI 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 IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
10. TERMINATION. Hitachi may terminate this Agreement immediately at any time by providing notice to you.
11. GOVERNING LAW; SEVERABILITY. This Agreement will be governed by the laws of the State of New York,
and you consent to the exclusive jurisdiction and venue in the federal courts sitting in the Southern District of New
York, unless no federal subject matter jurisdiction exists, in which case you consent to the exclusive jurisdiction and
venue in the Borough of Manhattan, New York, USA.
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ACEC
HITACHI
