End user license agreement – Technicolor - Thomson Thomson Scenium EH308 User Manual

Page 7

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End User License Agreement

7

The WMA Software is protected by copyright and other intellectual property

laws. This protection also extends to documentation for the WMA Software,

whether in written or electronic form.

GRANT OF LICENSE. The WMA Software is only licensed to you as follows:

You may use this version of the Device Firmware containing the WMA

Software only as such use relates to your A/V Device.

You may not reverse engineer, decompile, or disassemble the WMA Software,

except and only to the extent that such activity is expressly permitted by

applicable law.

You may transfer your right to use the Device Firmware only as part of a sale

or transfer of your A/V Device, on the condition that the recipient agrees to

the conditions set forth herein. If the version of the Device Firmware that

you are transferring is an upgrade, you must also transfer all prior versions of

the Device Firmware that you have which include the WMA Software.

MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO YOU

FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO

REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA

SOFTWARE.

The WMA Software is of U.S. origin. Any export of this version of the Device

Firmware must comply with all applicable international and national laws,

including the U.S. Export Administration Regulations, that apply to the WMA

Software incorporated in the Device Firmware.

Content providers are using the digital rights management technology for

Windows Media contained in your A/V Device (“WM-DRM”) to protect the

integrity of their content (“Secure Content”) so that their intellectual property,

including copyrights, in such content is not misappropriated. Your A/V

Device uses WM-DRM software to play Secure Content (“WM-DRM

Software”). If the security of the WM-DRM Software in your A/V Device has

been compromised, owners of Secure Content (“Secure Content Owners”)

may request that Microsoft revoke the WM-DRM Software’s right to acquire

new licenses to copy, display, and/or play Secure Content. Revocation does

not alter the WM-DRM Software's ability to play unprotected content. A list of

revoked WM-DRM Software is sent to your A/V Device whenever you

download a license for Secure Content from the Internet or from a computer.

Microsoft may, in conjunction with such license, also download revocation

lists onto your A/V Device on behalf of Secure Content Owners.

8. THIRD PARTY SOFTWARE

ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE

PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE

TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE

GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN

ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE

FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE.

THOMSON ENTITY IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S

SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD

PARTY SOFTWARE.

9. GOVERNING LAW

If you acquired this A/V Device in the United States, this EULA shall be

governed and construed in accordance with the laws of the State of Indiana,

U.S.A. without regard to its conflict of laws principles. If you acquired this A/

V Device within the European Union, this EULA shall be governed and

construed in accordance with the laws of France, without regard to its conflict

of laws principles. If you acquired this A/V Device outside the United States

or the European Union, then local law may apply.

10. GENERAL TERMS

This EULA can only be modified by a written agreement signed by you and

THOMSON Entity, and changes from the terms and conditions of this EULA

made in any other manner will be of no effect. If any portion of this EULA

shall be held invalid, illegal, or unenforceable, the validity, legality, and

enforceability of the remainder of the Agreement shall not in any way be

affected or impaired thereby. This EULA is the complete and exclusive

statement of the agreement between you and THOMSON Entity, which

supersedes all proposals or prior agreements, oral or written, and all other

communications between you and THOMSON Entity, relating to the subject

matter of this hereof. “THOMSON Group Entity” when used in this EULA

shall mean any person, corporation, or other organization, domestic or

foreign, including but not limited to subsidiaries, that is directly or indirectly

controlled by Thomson, French company. For purposes of this definition

only, the term “control” means the possession of the power to direct or cause

the direction of the management and policies of an entity, whether by

ownership of voting stock or partnership interest, by contract, or otherwise,

including direct or indirect ownership of more than fifty percent (50%) of the

voting interest in the entity in question.

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