service HONDA ODYSSEY 2023 Owner's Manual

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F. NO WARRANTY. You understand and agree that your use of the SOFTWARE and SERVICES are solely at your own risk and that you
will be solely responsible for any damage to your VEHICLE’s multim edia system or any other equipment or any loss of data that may result
from your use of the SOFTWARE or SERVICES. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PA RTICULAR PURPOSE, AND NON-INFRINGEMENT . HONDA makes no warranties that the
SOFTWARE or SERVICES will meet your requirements, or that th e SOFTWARE or SERVICES will be uninterrupted, timely, secure, non-
infringing or error free. You understand and agree that you are responsible for any and all charges, costs or expenses associated with your
use of the SOFTWARE or SERVICES. Advice or information, whether oral or written, obtained by you from us or through the SOFTWAR E
or SERVICES are provided for informational purposes only and w ill not create any warranty not expressly made herein. You should not rely
on any such information or advice. We assume no liability or resp onsibility for any errors or omissions in the SOFTWARE or SERV ICES. We
do not make any warranty or representation th at your use of the material displayed on, or obtained through, the SOFTWARE or SER VICES
is non-infringing of any rights of any third party. Any decision or action taken by you on the basis of information or content provided via
the application is at your sole discretion and risk. HONDA and PROVIDERS are not respon sible or liable for any such decision, o r for the
accuracy, completeness, usefulness, or availability of any cont ent or information displayed, transmitted, or otherwise made available via
the SOFTWARE or SERVICES. To the extent ju risdictions do not allow the exclusion of certain warranties, some of the above exclu sions may
not apply to you.
G. LIMITATIONS ON LIABILITY. You and HONDA are each wa iving important rights.
1. Limitations on YOUR liability.
HONDA cannot recover from you any consequential, indire ct, incidental, or special damages, or attorney’s
fees in connection with your use of the SOFTWARE or HONDA SERVICES. HONDA WAIVES TO THE FULLEST EXTENT ALLOWED BY LAW
ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT.
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2. Limitation on HONDA and PROVIDER liability. Neither HONDA nor PROVIDERS will be liable to you or any other party for consequential,
indirect, incidental, special, or punitive damages (including withou t limitation lost profits) in connection with your use of the SOFTWARE
or SERVICES, even if HONDA or PROVIDERS are aware of the possib ility of such damages. These limitations apply to all claims, including,
without limitation, claims in contract and tort (such as neglig ence, product liability and strict liability). To the extent that a jurisdiction does
not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitte d by law in such
states. If HONDA or PROVIDERS are found liable to you for any reas on, you agree that the aggregate liability of all these parties to you for
any claim is limited to ten U.S. dollars (U S $10.00). Neither HONDA nor any PROVIDER w ould have agreed to provide the SOFTWARE or
SERVICES to you if you did not agree to this limitation. This amount is the sole and exclusive liability of HONDA and PROVIDERS to you,
and is payable as liquidated damages and not as a penalty. Except where prohibited by law, you may not bring any claim against HONDA
or any third-party beneficiary more than two (2) years after th e claim arises. We do not have any liability for SOFTWARE or SER VICES
interruptions of any length.
(a) Release of HONDA and PROVIDERS
For yourself and anyone else claiming under you, you agree to release and discharge HONDA,
PROVIDERS, their respective officers, dire ctors, and employees, and each third-party beneficiary from all claims, liabilities a nd losses in
connection with the SOFTWARE or SERVICES, including, but not limited to claims for personal injury or property damage arising from the
total or partial failure of performance of the SOFTWARE or SERVIC ES, even if caused by or based upon the negligence, gross negligence,
strict products liability, Deceptive Trade Practices Act violations, bad faith, or breach of warranty of us or the malfunction of the SOFTWARE
or SOFTWARE SERVICES. YOU AGREE TO WAIVE TO THE FULL EST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN
DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGRE EMENT. YOU HEREBY RELEASE AND DISCHARGE HONDA AND ITS
LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVID ING ALL OR PART OF THE SOFTWARE OR SERVICES) FROM AND
AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LI ABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO
ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR
USE OF THE SOFTWARE OR SERVICES.
H. Survival. You agree that the limitations of liability and indemnities in this AGREEMENT will survive even after the AGREEMENT has
ended. These limitations of liability apply not only to you, but to anyone using the SOFTWARE or SERVICES via your VEHICLE, to anyone
making a claim on your behalf, and to any claims made by your fa mily, employees, customers, or others arising out of or relating to your
VEHICLE, the SOFTWARE, or SERVICES.
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I. Availability/Interruption. The SOFTWARE and certain SERVICES are made availa ble through your VEHICLE’s compatible multimedia
system when the VEHICLE is turned on. Certain SERVICES may be avai lable only through your compatible mobile device when it is within
the operating range of the VEHICLE and a wireless carrier. The availability of the SOFTWARE and SERVICES may be subject to tran smission
limitation or interruption, including but not limited to techni cal obsolesce or sunsetting of the hardware, software or firmwar e, inside of
or external to the Vehicle, required fo r data transmission or receipt. HONDA does not guarantee that the SOFTWARE, SERVICES, or any
portion thereof will be av ailable at all times or in all ar eas. You acknowledge and agree that HONDA is not responsible for performance
degradation, interruption or delays. You acknowledge that HONDA shall not be liable to you if the SOFTWARE or SERVICES in a given
location are not available. If the SOFTWARE or SERVICES are not available within your intended location, you agree that your sole remedy
shall be to cease using the SOFTWARE and SERVICES.
J. PRODUCT SUPPORT: Product support for the SOFTWARE is provided by HONDA. For product support, please refer to HONDA
instructions provided in the DOCUMENTATION. Should you have any que stions concerning this AGREEMENT, or if you desire to contact
HONDA for any other reason, please refer to the HONDA contact information provided in the DOCUMENTATION.
K. Termination and Transfer.
1. Termination. This AGREEMENT is effective until terminated by you or US . WE may terminate this AGREEMENT for any or no reason,
and with or without notice to you. Your rights under this AGRE EMENT will terminate automatically without notice from US if you fail to
comply with any term of this AGREEMENT. Up on termination of this AGREEMENT, you shall cease all use of the SOFTWARE and SERVICE S.
2. Transfer: You may permanently transfer your rights under this AGREEMENT only as part of a sale or transfer of the VEHICLE, provided
you retain no copies, you transfer all of the SOFTWARE and HO NDA SERVICES (including all component parts, the media and printed
materials, and any upgrades), and the recipi ent agrees to the terms of this AGREEMENT. You agree to notify HONDA upon the sale or
transfer of the VEHICLE. To contact HO NDA, please refer to the HONDA contact in formation provided in the DOCUMENTATION.
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L. Changes to the SOFTWARE or SERVICES. WE may change, modify, or update the SOFT WARE or SERVICES from time to time. Unless
explicitly stated otherwise, any new featur es or services that augment or enhance the SOFTWARE or SERVICES in the future shall
respectively be considered part of the SOFTWARE or SERVICES and s ubject to this AGREEMENT. WE reserve the right at any time and from
time to time to interrupt, res trict, modify, suspend, discontinue, temporarily or permanently, the SOFTWARE or SERVICES (or any portion
thereof), with or without notice to you, and you agree that HONDA shall not be li able to you or to any third party for any modification,
suspension or discontinuance of the SOFTWARE or SERVICES.
M. ARBITRATION:
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDER STAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BIND ING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE
HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE
MORE LIMITED IN ARBITRATION.
Arbitration is a method of resolving a clai m, dispute or controversy without filing a lawsuit. By agreeing to arbitrate, the right to go to
court is waived and instead claims, disputes or controversies ar e submitted to binding arbitration. This provision sets forth the terms and
conditions of our agreement. YOU and HONDA agree and acknowle dge that this Agreement affects interstate commerce and the
Federal Arbitration Act (“FAA”) applies. By using the Software, Vehicle, or Services, YO U elect to have disputes resolved by arbitration.
YOU, HONDA or any involved third party may pursue a Claim. “Claim” means any dispute between YOU, HONDA, or any involved third
party relating to your use of the Software , the Vehicle, or the Services, this Agreement, or our relationship, including any
representations, omissions or warranties. “Claim” does not include personal injury or wrongful death claims. YOU or HONDA may s eek
remedies in small claims court or provisional judicial remedi es without arbitrating. In addition, notwithstanding anything here in to the
contrary, YOU or HONDA may seek equitable re lief in a court of competent jurisdiction.
YOU or HONDA may select arbitration with American Arbitration Asso ciation, JAMS or National Arbitration and Mediation. Contact
these sponsors for their rules. The hearing will be in the federa l district where YOU reside. If agreed, it may be by telephone or written
submissions. Filing and arbitrator fees to be paid per the sponsor rules. You may contact the sponsor for a fee waiver. If no fee waivers,
HONDA will pay filing and arbitrator fees up to $5,000, unless law requires more. Each party is responsible for other fees. Arbitrator
may award costs or fees to prevailing party, if permitted by law. HONDA will not seek fees, unless the claims are frivolous.
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N. Miscellaneous: You may not assign this AGREEMENT without HONDA’s pr ior written consent. This AGREEMENT and any additional
HONDA TERMS and PROVIDER TERMS represents the entire agreement between you and US. HONDA may amend the terms of this
AGREEMENT by providing you with notices of such updated terms. If you do not consent to be bound by the updated terms, your sol e
remedy will be to cease using the SOFTWARE and SERVICES. If any part of this AGREEMENT is found invalid, void, or unenforceable, the
balance of the AGREEMENT will remain valid and enforceable accord ing to its terms. To the fullest extent permitted by law, and except as
explicitly provided otherwise, this AGREEMEN T and any disputes arising out of or relating to it will be governed by the laws of the State of
California, except that California laws concerning choice of la w or conflicts shall not apply if they would cause the substanti ve law of
another jurisdiction to apply. Notwithstand ing the foregoing, Section M shall be governed by the Federal Arbitration Act and the laws of
the State of California, as applicable, as set forth therein. The failure to enforce any term of this AGREEMENT on one occasion shall not
prevent enforcement on any other occasion or the enforcement of an y other term. Headings and captions shall not be considered included
for purposes of interpretation or applicat ion hereof, but are for convenience only.
Arbitrator shall be an attorney or current
or retired judge familiar with automotive or consumer software. The arbitrator shall follow
substantive law, statute of limitations and decide all issues relating to the interpretation, construction, enforceability and applicability of
this provision. The arbitrator may order relie f permitted by law. This provision is governed and enforceable by the FAA. An awa rd shall
include a written opinion and be final, subject to appeal by the FAA.
This provision survives termination of this Agreement or relationship, bankruptcy, assignment or transfer. If part of this prov ision is
unenforceable, the remainder remains in effe ct. If unenforceability allows arbitration as a class action, then this provision is entirely
unenforceable. YOU may opt out within 30 days of your initial use of the Software by sending a signed, written notice to HONDA at
Honda Financial Services, P.O. Box 165007, Irving, TX 75016. HO NDA reserves the right to make changes to this provision after
providing written notice and an opportunity to opt out.
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Legal Information on Appl e CarPlay/Android Auto
USE OF APPLE CARPLAY IS SUBJECT TO YOUR AGREEMENT TO THE CARPLAY TERMS OF USE, WHICH ARE INCLUDED AS PART OF THE
APPLE iOS TERMS OF USE. IN SUMMARY, THE CARPLAY TERMS OF USE DISCLAIM APPLE AND ITS SERVICE PROVIDERS’ LIABILITY IF THE
SERVICES FAIL TO PERFORM CORRECTLY OR ARE DISCONTINUED, STRICTLY LIMIT APPLE AND ITS SERVICE PROVIDERS’ OTHER
LIABILITIES, DESCRIBE THE KINDS OF USER INFORMATION (INCLUDING, FOR EXAMPL E, VEHICLE LOCATION, VEHICLE SPEED, AND
VEHICLE STATUS) BEING GATHERED AND STORED BY APPLE AND IT S SERVICE PROVIDERS, AND DISCLOSE CERTAIN POSSIBLE RISKS
ASSOCIATED WITH THE USE OF CARPLAY, INCLUDING THE POTENTIAL FOR DRIVER DISTRACTION. SEE APPLE’S PRIVACY POLICY FOR
DETAILS REGARDING APPLE’S USE AND HANDL ING OF DATA UPLOADED BY CARPLAY.
USE OF ANDROID AUTO IS SUBJECT TO YOUR AGREEMENT TO THE ANDROID AUTO TERMS OF USE WHICH MUST BE AGREED TO WHEN\

THE ANDROID AUTO APPLICATION IS DOWNLOADED TO YOUR ANDR OID PHONE. IN SUMMARY, THE ANDROID AUTO TERMS OF USE
DISCLAIM GOOGLE AND ITS SERVICE PROVIDERS’ LIABILITY IF THE SERVICES FAIL TO PERFORM CORRECTLY OR ARE DISCONTINUED,
STRICTLY LIMIT GOOGLE AND ITS SERVICE PROV IDERS’ OTHER LIABILITIES, DESCRIBE THE KINDS OF USER INFORMATION (INCLUDING,
FOR EXAMPLE, VEHICLE LOCATION, VEHI CLE SPEED, AND VEHICLE STATUS) BEING GATHERED AND STORED BY GOOGLE AND ITS
SERVICE PROVIDERS, AND DISCLOSE CERTAIN POSSIBLE RISKS ASSOCIATED WITH THE USE OF ANDROID AUTO, INCLUDING THE
POTENTIAL FOR DRIVER DISTRACTION. SEE GOOGLE’S PRIVACY PO LICY FOR DETAILS REGARDING GOOGLE’S USE AND HANDLING OF
DATA UPLOADED BY ANDROID AUTO.
■OWNER’S MANUAL LICENSE/LIABILITY STATEMENTS
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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF APPLE CARPLAY OR ANDROID AUTO (“THE APPLICATIONS”) IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THAT TH E APPLICATIONS AND INFORMATION ON THE APPLICATIONS IS
PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HONDA HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO TH E APPLICATIONS AND INFORMATION ON THE APPLICATIONS,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TH E IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PART ICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRI TTEN INFORMATION OR ADVICE GIVEN BY HONDA OR AN AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANT Y. AS EXAMPLES, AND WITHOUT LIMITATION, HONDA DISCLAIMS ANY WARRANTY
REGARDING THE ACCURACY OF DATA PROVIDED BY THE APPL ICATIONS, SUCH AS THE ACCURACY OF DIRECTIONS, ESTIMATED
TRAVEL TIME, SPEED LIMITS, ROAD CONDITIONS, NEWS, WEATHER, TRAFFIC, OR OTHER CONTENT PROVIDED BY APPLE, GOOGLE, THEIR
AFFILIATES, OR THIRD PARTY PROVIDERS; HONDA DOES NOT GUARANTEE AGAINST LOSS OF APPLICATION DATA, WHICH MAY BE LOST
AT ANY TIME; HONDA DOES NOT GUARANTEE THAT THE APPLICATION S OR ANY SERVICES PROVIDED THROUGH THEM WILL BE
PROVIDED AT ALL TIMES OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AT ANY PA RTICULAR TIME OR LOCATION. FOR EXAMPLE,
SERVICES MAY BE SUSPENDED OR INTERRUPTED WITHOUT NOTICE FOR REPAIR, MAINTENANCE, SECURITY FIXES, UPDATES, ETC.,
SERVICES MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION, ETC. IN ADDITION, YOU UNDERSTAND THAT CHANGES IN THIRD PARTY
TECHNOLOGY OR GOVERNMENT REGULATION MAY RENDER THE SERVICES AND/OR APPLICATIONS OBSOLETE AND/OR UNUSABLE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HONDA OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAG ES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIV E ANY DATA, BUSINESS INTERRUPTION OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATE D TO THE APPLICATIONS OR YOUR USE OF OR INABILITY TO
USE THE APPLICATIONS OR INFORMATION ON THE APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF HONDA WERE AD VISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND
JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LI ABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU. IN NO EVENT SHALL HONDA’S TOTAL LIABILIT Y TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED
BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXC EED THE AMOUNT OF FIVE DOLLARS ($5.00). THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF THE ABOVE STA TED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
■DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
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AES
Cryptix General License
Copyright (c) 1995-2005 The Cryptix Foundation Limited.All rights reserved.
Redistribution and use in source and binary forms, with or wit hout modification, are permitted provided that the following cond itions are
met:
1. Redistributions of source code must retain the copyrigh t 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 disclaim er in the
documentation and/or other material s provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE CRYPTIX FOUNDATION LIMI TED AND CONTRIBUTORS "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 CRYPTIX FOUNDATION LIMITED OR CONTRI BUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIA L DAMAGES (INCLUDING, BUT NOT LIMITED TO , PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS IN TERRUPTION) 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.
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Redistribution and use in source and binary forms, with or wit hout modification, are permitted provided that the following cond itions 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 disclaim er in the
documentation and/or other material s provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IM PLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANT IES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR OR CONTRIBU TORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROC UREMENT 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 NEGL IGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Visit the ACME Labs Java page for up-to-date vers ions of this and other fine Java utilities: http:www.acme.com/java/
JPEG library
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy ,
merchantability, or fitness for a pa rticular purpose. This software is provided "A S IS", and you, its user, assume the entire risk as to its
quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
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If you redistribute modified sources, we would appreciate that you include in the f ile ChangeLog history information documentin g your
changes.
(4) Others.
(i)You shall not install the programs separately and independently from this Blu-ray product.
(ii)You agree not to reply on the futu re availability of any programs or services which Oracle will provide.
(5) ENTIRE AGREEMENT
You agree that this Agreement is the comple te agreement pertaining to the subject matte r hereof (including references to information
contained in a URL) and this Agreement supe rsedes all prior or contemporaneous written or oral agreements or representations ex isting
between you and Panasonic with respect to such subject matter. If any term of this Agreement is found to be invalid or unenforc eable, the
remaining provisions will remain effective. Panasonic’s failure to enforce any right or provisions in this Agreement will not c onstitute a
waiver of such provision, or any other provision of this Agreement.
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