Philips HD Media player HMP4000 HMP4000/79 Manuale Utente

Codici prodotto

HMP4000/79

6. Webkit, Libexif, Ebase, Mp3info, ipodDB, qDecoder, Libneon,

httpc, Libotf, Fribidi, DirectFB, Libcharguess, QT & Uclibc

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MIPS Deliverable(s)). Licensee agrees that it shall take all reasonable steps to prevent

unauthorized copying of the MIPS Deliverables.
(b) MIPS owns all right, title and interest in the YAMON Code and other MIPS

Deliverables (subject only, if and to the extent applicable, to the rights of a MIPS supplier

with respect to a particular MIPS Deliverable(s)). Licensee shall own all right, title and

interest in the modifications and derivative works of the YAMON Code created by

Licensee, subject to MIPS’ rights in the underlying original YAMON Code as provided

under this Agreement.
(c) Licensee agrees to provide reasonable feedback to MIPS including, but not limited to,

usability of the MIPS Deliverables. All feedback made by Licensee shall be the property of

MIPS and may be used by MIPS for any purpose.
(d) Licensee shall make all reasonable efforts to discontinue distribution, copying and use

of any MIPS Deliverables that are replaced by a new, upgraded or updated version of any

such MIPS Deliverables, including distribution to any sublicensee of such new, upgraded

or updated versions.

(e) Licensee shall not make any statement of any kind or in any format, that any MIPS

Deliverable is certified, or that its performance in connection with any product is

warranted, indemnified or guaranteed in any way by MIPS or any party on MIPS’ behalf.
(f) Neither YAMON, MIPS nor any other trademark owned or licensed in by MIPS

may be used by Licensee, any sublicensee thereof or any party on their behalf without

prior written consent by MIPS, including at MIPS’ sole discretion a trademark license

agreement preapproved by MIPS.
5. ASSIGNMENT
Licensee may not assign or otherwise transfer any of its rights or obligations under this

Agreement to any third party without MIPS’ prior written consent, and any attempt

to do so will be null and void. This prohibition against Licensee’s assignment shall apply

even in the event of merger, re-organization, or when a third party purchases all or

substantially all of Licensee’s assets. Subject to the foregoing, this Agreement will be

binding upon and will inure to the benefit of the parties and their respective permitted

successors and assigns.
6. LIMITATIONS OF MIPS’ SUPPORT-RELATED OBLIGATIONS
This Agreement does not entitle Licensee to hard-copy documentation or to support,

training or maintenance of any kind from MIPS, including documentary, technical, or

telephone assistance.
7. TERM AND TERMINATION
(a) This Agreement shall commence on the Effective Date. If Licensee fails to perform

or violates any obligation under this Agreement, then upon thirty (30) days written

notice to Licensee specifying such default (the “Default Notice”), MIPS may terminate

this Agreement without liability, unless the breach specified in the Default Notice has

been cured within the thirty (30) day period. This 30-day period may be extended upon

mutual, written consent between the parties.
(b) Upon the termination of this Agreement due to Licensee’s material breach hereof,

Licensee shall (1) immediately discontinue use of the MIPS Deliverables, (2) promptly

return all MIPS Deliverables to MIPS, (3) destroy all copies of MIPS Deliverables made

by Licensee, and (4) destroy all copies of derivative works of MIPS Deliverables made

by Licensee while in breach of this Agreement. All licenses granted hereunder shall

terminate as of the effective date of termination.
(c) The rights and obligations under this Agreement which by their nature should survive

termination, including but not limited to Sections 3 - 16, will remain in effect after

expiration or termination hereof. Subject to Licensee’s compliance with the surviving

sections of this Agreement identified herein, any sublicenses rightfully granted and

derivative works rightfully developed pursuant to Section 2 shall survive the termination

of this Agreement.

8. DISCLAIMER OF WARRANTIES
THE MIPS DELIVERABLES ARE PROVIDED “AS IS”. MIPS MAKES NO WARRANTIES

WITH REGARD TO ANY OF THE MIPS DELIVERABLES, AND EXPRESSLY

DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR

OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT OF THIRD PARTY RIGHTS.
9. LIMITATION OF LIABILITY AND REMEDY
(a) Licensee acknowledges the MIPS Deliverables are provided to Licensee only for the

purpose set forth in Section 2. Licensee shall hold harmless and indemnify MIPS from any

and all actual or threatened liabilities, claims or defenses based on the sublicensing, use,

copying, installation, demonstration and/or modification of any of the MIPS Deliverables

by Licensee, any sublicensee of Licensee or any party on their behalf. Licensee shall have

sole responsibility for adequate protection and backup of any data and/or equipment

used with the MIPS Deliverables, and Licensee shall hold harmless and indemnify MIPS

from any and all actual or threatened liabilities, claims and defenses for lost data, re-run

time, inaccurate output, work delays or lost profits resulting from use and/or modification

of the MIPS Deliverables, or any portion thereof, under this Agreement. Licensee

expressly acknowledges and agrees that any research or development performed with

respect to the MIPS Deliverables is done entirely at Licensee’s own risk.
(b) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY

THIRD PARTY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,

SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY OR INCIDENTAL

DAMAGES, WHETHER SUCH DAMAGES ARISE UNDER A TORT, CONTRACT

OR OTHER CLAIM, OR DAMAGES TO SYSTEMS, DATA OR SOFTWARE, EVEN IF

SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION ON LIABILITY SHALL SURVIVE EVEN IF THE LIMITED REMEDY

PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL MIPS’

LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS

RECEIVED BY MIPS AS FEES UNDER THIS AGREEMENT.
10. WAIVER; MODIFICATION
Any waiver of any right or default hereunder will be effective only in the instance given

and will not operate as or imply a waiver of any other or similar right or default on any

subsequent occasion. No waiver or modification of this Agreement or of any provision

hereof will be effective unless in writing and signed by the party against whom such

waiver or modification is sought to be enforced.
11. HAZARDOUS APPLICATIONS
The MIPS Deliverables are not intended for use in any nuclear, aviation, mass transit,

medical, or other inherently dangerous application. MIPS EXPRESSLY DISCLAIMS

ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEE

REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE MIPS DELIVERABLES

FOR SUCH PURPOSES.

12. SEVERABILITY
In the event any provision of this Agreement (or portion thereof) is determined to

be invalid, illegal or otherwise unenforceable, then such provision will, to the extent

permitted, not be voided but will instead be construed to give effect to its intent to the

maximum extent permissible under applicable law and the remainder of this Agreement

will remain in full force and effect according to its terms. IN THE EVENT THAT ANY

REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL

PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES

SHALL REMAIN IN EFFECT.
13. RIGHTS IN DATA
Licensee acknowledges that all software and software related items licensed by MIPS

to Licensee pursuant to this Agreement are “Commercial Computer Software” or

“Commercial Computer Software Documentation” as defined in FAR 12.212 for civilian

agencies and DFARS 227.7202 for military agencies, and that in the event that Licensee

is permitted under this Agreement to provide such items to the U.S. government, such

items shall be provided under terms at least as restrictive as the terms of this Agreement.
14. MISCELLANEOUS
(a) The MIPS Deliverables and GPL Materials may be subject to U.S. export or import

control laws and export or import regulations of other countries. Licensee agrees

to comply strictly with all such laws and regulations and acknowledges that it has the

responsibility to obtain such licenses to export, re-export, or import as may be required

after delivery to Licensee. Licensee shall indemnify, defend and hold MIPS harmless from

any damages, fees, costs, fines, expenses, charges and any actual or threatened civil and/

or criminal claims or defenses arising from any failure of Licensee and/or its customers to

comply with any obligations arising under this Section 14(a).
(b) Any notice required or permitted by this Agreement must be in writing and must

be sent by email, by facsimile, by recognized commercial overnight courier, or mailed by

United States registered mail, effective only upon receipt, to the legal departments of

MIPS or Licensee (if Licensee has no legal department, then to an officer of Licensee, a

contact person specified by Licensee or Licensee’s place of business).
(c) The headings contained herein are for the convenience of reference only and are

not intended to define, limit, expand or describe the scope or intent of any clause or

provision of this Agreement.
(d) The parties hereto are independent contractors, and nothing herein shall be

construed to create an agency, joint venture, partnership or other form of business

association between the parties hereto.
(e) Licensee acknowledges that, in providing Licensee with the MIPS Deliverables, MIPS

has relied upon Licensee’s agreement to be bound by the terms of this Agreement.

Licensee further acknowledges that it has read, understood, and agreed to be bound by

the terms of this Agreement, and hereby reaffirms its acceptance of those terms.

15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California, excluding

California’s choice of law rules. With the exception of MIPS’ rights to enforce its

intellectual property rights in the MIPS Deliverables, all disputes arising out of this

Agreement shall be subject to the exclusive jurisdiction and venue of the state and

federal courts located in Santa Clara County, California, and the parties consent to the

personal and exclusive jurisdiction and venue of these courts. The parties expressly

disclaim the application of the United Nations Convention on the International Sale of

Goods to this Agreement.
16. ENTIRE AGREEMENT
This Agreement and the GNU GPL constitute the entire agreement between MIPS

and Licensee regarding the MIPS Deliverables and GPL Materials provided to Licensee

hereunder, and shall supersede and control over any other prior or contemporaneous

shrinkwrap and/or clickwrap agreements regarding the same. Any additions or

modifications must be made in a subsequent, written agreement signed by both parties.

9. sqlite

SQLite Copyright
All of the deliverable code in SQLite has been dedicated to the HYPERLINK

“http://en.wikipedia.org/wiki/Public_Domain” public domain by the authors.

10. pppd

permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of

conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of

conditions and the following disclaimer in the documentation and/or other materials

provided with the distribution.

3. The name “Carnegie Mellon University” must not be used to endorse or promote

products derived from this software without prior written permission. For

permission or any legal details, please contact

Office of Technology Transfer, Carnegie Mellon University, 5000 Forbes Avenue,

Pittsburgh, PA 15213-3890, (412) 268-4387, fax: (412) 268-7395, tech-transfer@

andrew.cmu.edu

4. Redistributions of any form whatsoever must retain the following acknowledgment:

“This product includes software developed by Computing Services at Carnegie

Mellon University (http://www.cmu.edu/computing/).”

CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH

REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON

UNIVERSITY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL

DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,

DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR

OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE

USE OR PERFORMANCE OF THIS SOFTWARE.

HMP OSS license text_Netflix & Vudu_v1.0_2012.indd 2

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