LICENSED APPLICATION END USER LICENSE AGREEMENT

LICENSED APPLICATION END USER LICENSE AGREEMENT

 

This Technics Audio Connect ("Licensed Application") made available through the Mac App Store Service and App Store Service (collectively, "App Store Service(s)") are licensed, not sold, to you from Panasonic Entertainment & Communication Co., Ltd. ("Licensor"), provided that you agree to and wish to be bound by the terms of this Licensed Application End User License Agreement ("Agreement"). Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Agreement. User of the Licensed Application or the services provided through the Licensed Application is referred to as “you”, “User” or “Users” in this Agreement.

You may install and use the Licensed Application for your private or internal business purposes only. Your installation of the Licensed Application or use of the Licensed Application shall be conclusively deemed to constitute your acceptance of the terms of this Agreement.

By agreeing to this license, you affirm and agree that Licensor grants Apple Inc. (”Apple”) and its associated companies the right to enforce their claims for you to fulfill the obligations in this license.

In addition to proprietary computer programs owned by or licensed to Licensor, the Licensed Application contains certain open source software programs licensed under several licenses ("Open-Sourced Components"). For Open-Sourced Components, please refer to the applicable license terms set forth in item Article 13. In the event of any conflict between the terms of this Agreement and those of the Open-Sourced Components, the latter shall prevail.

 

Article 1. Scope of License

This license granted to you for the Licensed Application by Licensor is limited to a nontransferable license to use the Licensed Application and all services provided through the Licensed Application (“Services”) on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) ("iOS Devices") or Mac OS X ("Mac Computers"), as applicable (collectively, "Apple Device(s)") that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Licensed Application and the Services on any Apple Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from your Apple Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, any part, or any derivative works thereof (including but not limited to information or data communicated or exchanged between or among audio visual products such as component stereos, speakers, Blu-ray Disc players/recorders, and/or servers owned or controlled by the Licensor or any third party(ies)) (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Open-Sourced Components included with the Licensed Application). The prohibition regarding reverse engineering shall end as soon as the Licensed Application has been made publicly available according to the provisions of local law on trade secrets, if applicable. Any attempt to do so is a violation of the rights of the Licensor and its licensors. Any of your breach of this restriction is subject to civil or criminal liabilities.

The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

Article 2. Modification to the Terms

1. Licensor may modify the terms of this Agreement (“Terms”) from time to time, in its sole discretion, for one or more of the reasons set out in the following paragraph. Licensor will notify about modifications to these Terms, the content of these Terms after modification, and the effective time of modification in advance within a reasonable period of time on the Licensor website. User will comply with the modified Terms. The modified content will take effect from the effective date set by Licensor. User will need to accept the amended Terms prior to continuing to use the Services. User always has the option not to accept Terms which have been amended, without penalty (whether the amendment is of a type for which Licensor seeks your consent or not); however, if a User chooses not to accept amended Terms that User will be unable to continue using the Services.

 

2. Licensor may modify these Terms for any one or more of the following reasons:

(a). if the modification is favourable to Users;

(b). if Licensor needs to make the modification for legal or regulatory purposes;

(c). to reflect changes that Licensor makes to the systems and infrastructure that are used in connection with the Services;

(d). to improve the Services or to offer Users new Services, or to remove one or more Services (although the provisions of Article 19 will override this Article where the Articles conflict with each other);

(e). to increase the security of the Services, which may require Users to observe new or amended procedures;

(f). to reflect organizational changes within Licensor or its affiliates.

 

3. Licensor may modify these Terms for any other reason than the above 2.2(a)-(f) if Licensor considers this to be valid and necessary under consideration of reasonable interests of the User in line with the applicable laws.

 

Article 3. Use of Services

1. Users are, at the Users’ own cost and expense, responsible for setting-up, installing and maintaining internet environment and/or devices and terminals necessary for using the Services.

 

2. Users agree that there may be cases where Users have to agree with separate provisions for their usage of the whole or a part of the Services (“Rules”), in such case, Users may use such Services only after Users have agreed to those separate provisions. If there is any conflict between the Terms and such separate provisions, the Rules will prevail unless otherwise agreed by the User and Licensor.

 

3. When Users upload, share, or make public any content, the Users will be responsible for all the content and will make sure that the Users have the right to do so.

 

Article 4. Prohibition

Users shall not do the following acts in connection with the use of the Services:

(a). Acts that infringe or may infringe upon the intellectual property (copyright, design right, trademark right, etc.) or other rights of any other persons;

(b). Acts that infringe or may infringe upon another person's privacy or right of portrait;

(c). Slander of another person, or acts that harm the honor or credibility of another person;

(d). Criminal acts (such as fraud, interference with another person's duty, etc.), or acts that encourage or lead to such acts;

(e). The transmission or posting of pictures or documents that are indecent or constitute child pornography or abuse;

(f). Other acts that are contrary to public order and morals or that infringe substantially upon the rights of another person;

(g). Acts that interfere with the smooth operation of the Services by Licensor;

(h). Using the Services for profit-making purposes; or

(i). Other acts that are deemed improper by Licensor under consideration of reasonable interests of the User in line with the applicable laws.

 

Article 5. Age Requirement

1. The Services are available for Users aged 16 years of age or older. If Users are 16 or older but under the age of majority in your country of residence (a “minor”), this agreement shall be reviewed with their parent or guardian to make sure that both the minor and their parent or guardian understand it.  The parent or guardian shall accept these Terms on behalf of a minor before allowing a minor to access the Services and shall supervise the use of the Services by the minor to ensure that these Terms are being complied with.

 

2. Certain Third Party Services (defined in the following Article) available through the Services may be intended for individuals under the age of 16. In such case the Users’ parent or guardian shall supervise the use of such Third Party Services by any persons under the age of 16 at all times.

 

Article 6. Services, Third-Party Services and Materials

1. Third party services provided by a third party other than Licensor (“Third Party(ies)”), including, but not limited to, application, contents, advertisement or any other services and materials provided by third parties (“Third Party Services”), may be available through the Licensed Application or Services but are not the responsibility of Licensor.  These Third Party Services are operated by third party companies other than Licensor and are not under the control of Licensor. The inclusion of Third Party Services does not imply endorsement or sponsorship of the application by Licensor. Licensor does not be responsible or liable for any Third Party Services or any content, advertising or other materials on or available from or provided by Third Party Services. Licensor makes no warranty or representation regarding any Third Party Services or the information appearing on any Third Party Services or any of the products or services described on any Third Party Services. Licensor will have no liability arising out of or related to Third Party Services and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any Third Party Services.

 

2. You agree that you may not use the Third Party Services without acceptance of such additional terms. When User uses Third Party Services, User does so at their own risk. Any dealings that Users have with Third Party Services, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely governed by the terms agreed between a User and the relevant Third Party.

 

3. You understand that by using any of the Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third Party Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

 

4. The Services or Third Party Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for constantly, without further indication – but randomly, examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Except as set forth under these Terms, the Licensor, and its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

 

5. Financial information displayed by the Services or Third Party Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services or Third Party Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. The Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services or Third Party Services.

 

6. You agree that the Services contain proprietary content, information and material that is owned by Licensor and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the Terms or that infringes any intellectual property rights of a third party, the Licensor.

 

7. You understand and agree that by using any of the Services through Licensed Application, you are required to have an internet connection with your cost and liability. You shall pay all of the cost and payment relating to such internet connection including the fee for the internet service provider, telecommunication fee, but not limited to. You understand that there is a possibility that the availability or operability of the Licensed Application will be affected and be limited by your internet connection or by the limitation of your internet connection in terms of its function, bandwidth and technical thing. You also agree that Licensor shall not be liable for the internet connection provided by the third party and the third party shall be born all of the liability and responsibility to the internet connection, software, services and those quality, possibility and security provided by such third party.

 

8. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

 

9. In addition, the Services, Third Party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Third Party Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

Article 7 No Warranty, limitation of liability and Indemnity

1. THE LICENSED APPLICATIONS and SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED IN OR OTHERWISE AVAILABLE THROUGH THE LICENSED APPLICATIONS OR SERVICE EXCEPT AS SET OUT IN THESE TERMS OR OTHERWISE REQUIRED BY LAW.

 

2. THE LICENSED APPLICATIONS AND SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED EXCEPT AS REQUIRED BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. 

 

3. LICENSOR DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE LICENSED APPLICATIONS, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU SHOULD REGULARLY BACK UP THE CONTENT THAT YOU STORE USING THE SERVICES.

THE LICENSOR REPRESENTS AND WARRANTS, HOWEVER, THAT THE LICENSOR HAS TAKEN ALL NECESSARY SECURITY MEASURES IN ACCORDANCE WITH APPLICABLE INDUSTRY STANDARDS, TAKING INTO ACCOUNT THE CURRENT STATE OF TECHNOLOGY, WHICH COMPLY WITH APPLICABLE DATA PROTECTION LAWS, TO PREVENT DATA LOSS AND UNAUTHORISED ACCESS TO THE DATA OF USERS AND OTHER USERS, TO ENSURE THE CONFIDENTIALITY AND SECURITY OF THE USE OF THE SERVICES AND TO WORK TOWARDS THE ABSENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNAUTHORISED MODIFICATION OF SYSTEMS OR THE DATA STORED THEREIN.

 

4. NEITHER LICENSOR NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE SERVICES. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

 

5. NEITHER LICENSOR NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.

 

6. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL LICENSOR, OR ITS AFFILIATES, BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENCE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE LICENSED APPLICATIONS OR THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO USERS, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. THE LICENSOR WILL, HOWEVER, USE REASONABLE ENDEAVOURS TO ENSURE THE ACCURACY OF THE INFORMATION.

 

7. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE FOR DIRECT LOSSES WITH THE EXCEPTION OF DIRECT LOSSES ARISING OUT OF A DELIBERATE BREACH OF THESE TERMS BY LICENSOR OR A SERIOUS ACT OF NEGLIGENCE BY LICENSOR WHICH IS NOT OTHERWISE EXCLUDED BY THESE TERMS OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING OUT OF OR RELATING TO THESE TERMS, USE OF, OR INABILITY TO USE, THE SERVICES, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, REGARDLESS OF WHETHER LICENSOR OR ITS AFFILIATES IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF LICENSOR AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY LEGAL THEORY, EXCEED US$50 EXCEPT THAT NOTHING SHALL AFFECT OR LIMIT LICENSOR’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM LICENSOR’S NEGLIGENCE, NOR LICENSOR’S LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

7a. IF A USER LIVES OR STAYS IN FRANCE, THE PROVISIONS OF ARTICLES 7.7 SHALL NOT APPLY BUT THE PROVISIONS OF THIS ARTICLE 7.7a SHALL APPLY INSTEAD. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE FOR DIRECT LOSSES (WITH THE EXCEPTION OF DIRECT LOSSES ARISING OUT OF A DELIBERATE BREACH BY LICENSOR OF THESE TERMS OR SERIOUS ACT OF NEGLIGENCE BY LICENSOR), OR FOR ANY LOSS OF PROFIT, IN ANY CIRCUMSTANCES ARISING OUT OF OR RELATING TO THESE TERMS, USE OF, OR INABILITY TO USE, THE SERVICES, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY, REGARDLESS OF WHETHER LICENSOR OR ITS AFFILIATES IS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF LICENSOR AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY LEGAL THEORY, EXCEED US$50 EXCEPT THAT NOTHING SHALL AFFECT OR LIMIT LICENSOR’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM LICENSOR’S NEGLIGENCE, NOR LICENSOR’S LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FAUTE LOURDE NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

7b. IF A USER LIVES OR STAYS IN ITALY, THE PROVISIONS OF ARTICLES 7.7 SHALL NOT APPLY BUT THE PROVISIONS OF THIS ARTICLE 7.7b SHALL APPLY INSTEAD. IN ANY CASE, THE CONSUMER’S RIGHTS UNDER LEGISLATIVE DECREE NO. 206 OF 06.09.2005 (WHICH IMPLEMENTED DIRECTIVE 1999/44/EC IN ITALY), KNOW AS THE CONSUMER CODE, SHALL NOT BE AFFECTED.

 

7c. IF A USER LIVES OR STAYS IN GERMANY, THE PROVISIONS OF ARTICLE 7 DOES NOT APPLY TO LISENSOR'S LIABILITY FOR DAMAGES IN CASES OF INTENT AND GROSS NEGLIGENCE, REGARDLESS OF THE LEGAL GROUNDS. FURTHERMORE, WITHOUT PREJUDICE TO THE PROVISIONS OF THIS ARTICLE 7, THE LICENSOR SHALL ONLY BE LIABLE IN THE CASE OF ORDINARY NEGLIGENCE FOR:

a) FOR DAMAGES ARISING OUT OF INJURY TO LIFE, BODY, OR HEALTH;

b) FOR DAMAGES ARISING OUT OF THE BREACH OF AN ESSENTIAL CONTRACTUAL OBLIGATION (OBLIGATION, THE FULFILMENT OF WHICH MAKES THE PROPER PERFORMANCE OF THE CONTRACT OR PROVISION OF THE SERVICES POSSIBLE AND IN THIS CASE THE LIABILITY OF THE LICENSOR IS LIMITED TO THE AMOUNT OF THE FORSEABLE TYPICAL DAMAGES).

THE LIMITATIONS OF LIABILITY RESULTING FROM ARTICLE 7.7c SHALL ALSO APPLY TO THIRD PARTIES AS WELL AS TO BREACHES OF DUTY BY PERSONS (ALSO FOR THE BENEFIT OF THE USER) WHOSE FAULT THE LICENSOR IS RESPONSIBLE FOR ACCORDING TO THE STATUTORY PROVISIONS APPLICABLE IN GERMANY. THEY SHALL NOT APPLY IF A DEFECT HAS BEEN FRAUDULENTLY CONCEALED OR A WARRANTY FOR THE QUALITY OF THE SERVICES HAS BEEN ASSUMED AND FOR CLAIMS OF THE USER UNDER THE GERMAN PRODUCT LIABILITY ACT.

 

Article 8. Export Control

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported:

(a) into any U.S.-embargoed countries; or

(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

 

Article 9. Use by the U.S. Government

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the Terms. Unpublished-rights reserved under the copyright laws of the United States.

 

Article 10. Copyright etc.

1. Copyright, trademark rights, and other intellectual property rights in the Licensed Applications, the Services and information provided by Licensor in connection with the Services are vested in Licensor or other rights holders from which Licensor has obtained licenses to use such information in connection with the Licensed Applications or the Services.

 

2. Licensor needs to use content and information that Users or the Apple Devices on which the Licensed Application was installed and launched by the User upload or otherwise submit to Licensor in order to provide the Services. Each User hereby grants Licensor a worldwide, assignable, irrevocable, royalty-free license, with the ability to sub-license, to use all content and information provided by the User, for the purposes of providing the Services.

 

Article 11. Copyright notices for the Licensed Application

Copyright (c) 2012, Panasonic Entertainment & Communication Co., Ltd.

Copyright (c) 2016 Arne Bahlo

Copyright (c) 1998-2019 The OpenSSL Project.

Copyright (c) 1995-1998 Eric Young (eay@cryptsoft.com)

Copyright (c) 2016 Aurelius Prochazka

Copyright 2016 Amazon.com, Inc. or its affiliates. All Rights Reserved.

 

Article 12. Trademark Right Notices for the Licensed Application

1. LDAC and LDAC logo are trademarks of Sony Corporation.

2. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG,Inc. and any use of such marks by Panasonic Holdings Corporation is under license. Other trademarks and trade names are those of their respective owners.

 

Article 13. License Terms for the Open-Sourced Components Included with the Licensed Application

1. swiftgif

The MIT License (MIT)

 

Copyright (c) 2016 Arne Bahlo

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

2. OpenSSL

LICENSE ISSUES

The OpenSSL toolkit stays under a double license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit.

See below for the actual license texts.

 

OpenSSL License

 

Copyright (c) 1998-2019 The OpenSSL Project.  All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

i. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

ii. 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.

 

iii. All advertising materials mentioning features or use of this software must display the following acknowledgment:

   "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

 

iv. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

 

v. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

 

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

   "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

 

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com).  This product includes software written by Tim Hudson (tjh@cryptsoft.com).

 

Original SSLeay License

 

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)

All rights reserved.

 

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).

The implementation was written so as to conform with Netscapes SSL.

 

This library is free for commercial and non-commercial use as long as the following conditions are aheared to.  The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code.  The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

 

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.

If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.

This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

i. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

ii. 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.

iii. All advertising materials mentioning features or use of this software must display the following acknowledgement:

   "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"

   The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).

iv. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:

   "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

 

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

The licence and distribution terms for any publically available version or derivative of this code cannot be changed.  i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

 

3. POCO C++ Libraries

Boost Software License - Version 1.0 - August 17th, 2003

 

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

Note:

Individual files contain the following tag instead of the full license text.

 

SPDX-License-Identifier: BSL-1.0

 

This enables machine processing of license information based on the SPDX License Identifiers that are here available: http://spdx.org/licenses/

 

4. AudioKit

The MIT License (MIT)

Copyright (c) 2016 Aurelius Prochazka

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

5. AWS Mobile SDK for iOS

Copyright 2016 Amazon.com, Inc. or its affiliates. All Rights Reserved.

https://github.com/aws-amplify/aws-sdk-ios/blob/main/LICENSE.APACHE

https://github.com/aws-amplify/aws-sdk-ios/blob/main/NOTICE

 

Article 14. Applicable Laws and Jurisdictions

1. This Agreement is governed by and construed in accordance with laws of Japan, without regard to conflict of laws principles. The use of the Licensed Application or Services by you may be governed by the laws or regulations of other regions, states, or countries, or by international law.

Furthermore, any and all disputes relating to this Agreement and the use of the Licensed Application or Services by you shall be brought before the Osaka District Court as the agreed court of first instance with exclusive jurisdiction.

To the extent that applicable local law prevents certain disputes from being resolved in the Osaka District court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying laws of Japan to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence or stay.

 

1a. If a User lives or stays in Italy, the provisions of Articles 14.1 shall not apply but the provisions of this Article 14.1a shall apply instead.

This Agreement is governed by and construed in accordance with laws of Japan, without regard to conflict of laws principles.

Furthermore, any and all disputes relating to this Agreement and the use of the Licensed Application or Services by you shall be brought before the Osaka District Court as the agreed court of first instance with exclusive jurisdiction.

To the extent that applicable local law prevents certain disputes from being resolved in the Osaka District court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying laws of Japan to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence or stay.

 

1b. If a User has his habitual residence in Germany, the provisions of Articles 14.1 shall not apply but the provisions of this Article 14.1b shall apply instead.

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if:

(a) the User´s abode is in Germany; or

(b) the User´s abode is situated in a state not being a member of the European Union.

In the event that the abode of the User is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which the User´s abode is situated. Such rules shall remain unaffected.

 

Article 15. Updates to the Product (Installed Software)

1. The Licensor may apply updates via the Licensed Application with the aim of fixing bugs, etc., improving functionality, adding functionality, enhancing security features, etc. on the software installed on your headphones ("Headphones").

These updates may mean changes to the Headphones and the installed software being used by you, including the addition or deletion of functions.

Furthermore, these updates are undertaken at the discretion of the Licensor, and the application of these updates may constitute a term of continued use of the Headphones and installed software.

 

2. To the extent not prohibited by the law, in no event the Licensor shall be liable for the updates to the installed software.

 

2a. IF A USER LIVES OR STAYS IN GERMANY, THE PROVISIONS OF ARTICLE 15 SHALL APPLY ONLY SUBJECT TO THE PROVISIONS OF ARTICLE 7.7c.

 

Article 16. Termination

This Agreement is effective until terminated by you or Licensor. You may terminate this Agreement at any time by ceasing all use of the Licensed Application and Services. Licensor may terminate this Agreement at any time without reason under a two months’ prior notice in written form. Licensor may immediately terminate this Agreement without notice to User in case any of the following conditions is met:

(1) Users have done any of the acts prohibited in the Article 4;

(2) Users are in breach of any of provisions of the Terms; or

(3) The Licensor may immediately terminate this Agreement without notice to User in case the Licensor on reasonable grounds determines that use of Licensed Applications or Service by the Users under consideration of the interests of the User is not appropriate.

The statutory right of the User to terminate this Agreement for cause remains unaffected.

Upon termination of this Agreement, you shall cease all use of the Licensed Application and Services, and destroy all copies, full or partial, of the Licensed Application.

 

Article 17. Interruptions to the Services

The Licensor may, without prior notice to you, temporarily interrupt the Services if any of the following occur:

(1) When undertaking regular or emergency maintenance of equipment, etc., related to the provision of the Services;

(2) In the event that provision of the Services is not possible due to fire, power interruptions, natural disasters, or any other force majeure;

(3) If the network service is interrupted for any reason;

(4) If the Licensor determines that it is necessary to temporarily interrupt the Services for other management, operational, or technical reasons;

(5) If the Licensor changes the content of this Agreement according to the above stipulations, and you do not consent to the content changes.

 

Article 18. Prohibition of assignment of rights

The Users may not assign, loan or sell to, buy from, transfer to, or pledge or otherwise provide as security for the benefit of a third party all or part of their membership, right to use the Services, or other rights and obligations under these Terms. Notwithstanding the foregoing, Licensor may assign this Terms and its rights and obligations under the Terms without the consent of User to its affiliate(s) which acquires or merges Licensor or to which Licensor’s assets or businesses related hereto are assigned or transferred.

 

Article 19. Service change, discontinuation and transfer

1. Licensor may change, add, suspend or terminate the whole or a part of the Services and its contents, and make changes, additions, etc., to usage conditions (including, those for the purpose of Service-related maintenance or construction work etc.). However, Licensor must follow the provisions of Article 2 if such changes etc. involve changes in the Terms.

 

2. Licensor may discontinue the whole or a part of the Services without prior notice to the Users, to make changes or perform maintenance to the Services.

 

3. Licensor may assign or hand over the whole or a part of its rights and obligations under this Agreement to a third party by making a reasonable prior announcement on the Services screen and giving reasonable prior notice to the Users.  However, in these circumstances a User has the right to no longer be bound by the Terms; provided that the User lets us know before the expiry of the prior notice that we provide to the User.  However, if a User chooses to no longer be bound by the Terms, that User will be unable to continue using the Services.

 

4. Licensor may discontinue the whole of the Services in the event that a User does not accept Terms which have been modified in accordance with Article 2.

 

Last updated October 27, 2022

Information regarding the Licensor (Licensed Application provider)

Name: Panasonic Entertainment & Communication Co., Ltd.

Address: 1-10-12 Yagumo-higashi-machi, Moriguchi City, Osaka 570-0021, Japan

Contact: https://www.panasonic.com/global/global-network.html