XD20 Installation and Operating Guide
Version 1.1
Document # 9301H264001.1
xii
Software License Agreement
IMPORTANT: READ THIS SOFTWARE LICENSE ("LICENSE") CAREFULLY BEFORE USING
THE DATASAT DIGITAL ENTERTAINMENT SOFTWARE. THE SOFTWARE RESIDING ON
THE XD20 MEDIA PLAYER AND ANY ACCOMPANYING MATERIALS (COLLECTIVELY, THE
“SOFTWARE”) ARE LICENSED, NOT SOLD. BY USING THE XD20 MEDIA PLAYER, YOU ARE
ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, DO NOT USE THE XD20 MEDIA PLAYER.
1.
Grant. Subject to your compliance with the terms of this License, Datasat Digital Entertainment
hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Software
solely for your internal business purposes and solely in connection with the XD20 Media Player. All
rights not expressly granted to you are reserved by Datasat Digital Entertainment.
2.
Ownership. All right, title and interest in and to the Software, all physical copies thereof and all
intellectual property embodied therein are and shall remain vested in Datasat Digital Entertainment.
You do not own the Software, physical copies thereof or any intellectual property embodied therein.
3.
Restrictions. You may not (i) copy, distribute, sublicense, lease, transfer or use for external purposes
the Software; (ii) reverse engineer, decompile, disassemble, translate, modify, attempt to reveal the
source code of the Software, or (iii) create derivative works from the Software.
4.
Termination. Datasat Digital Entertainment may terminate this license at any time if you violate the
terms of this license. Upon termination, you must destroy the Software and related documentation.
5.
LIMITATION ON WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF DATASAT DIGITAL ENTERTAINMENT SOFTWARE AND HARDWARE IS AT
YOUR SOLE RISK. DATASAT DIGITAL ENTERTAINMENT DOES NOT WARRANT THAT
THE OPERATION OF THE SOFTWARE OR THE HARDWARE WILL BE UNINTERRUPTED
OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
DATASAT DIGITAL ENTERTAINMENT SOFTWARE AND HARDWARE PROVIDED “AS IS,”
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL OF
WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
6.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL DATASAT DIGITAL ENTERTAINMENT OR ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR PERSONAL INJURY,
OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE DATASAT DIGITAL
ENTERTAINMENT SOFTWARE OR HARDWARE, HOWEVER CAUSED, REGARDLESS OF
THE THEORY OF LIABILITY AND EVEN IF DATASAT DIGITAL ENTERTAINMENT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
DATASAT DIGITAL ENTERTAINMENT’S LIABILITY EXCEED THE AMOUNT PAID TO
DATASAT DIGITAL ENTERTAINMENT. SOME STATES DO NOT ALLOW THE
LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
7.
General. This License shall be governed by the laws of the State of California as applied to contracts
performed wholly therein. In any action brought by either party arising out of this License, the
prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. If any provision
of this License is held by a court of competent jurisdiction to be unenforceable or if a provision of
this License is waived by either party, the remainder of this License shall remain in full force and
effect. You may not assign this License without the prior, express written consent of Datasat Digital
Entertainment.
