PROHIBITION ON
EXPORT.
THE
SONY SOFTWARE
AND
ANY
UNDERLYING
TECHNOLOGY
MAY
NOT
BE
EXPORTED OUTSIDE
THE
UNITED
STATES
OR
CANADA
OR
TO
ANY FOREIGN ENTITY
OR
"FOREIGN
PERSON"
AS
DEFINED
BY
APPLICABLE
U.s.
OR
CANADIAN
GOVERNMENT
REGULATIONS,
INCLUDING
WITHOUT
LIMITATION,
ANYONE
WHO
IS
NOT
A CITIZEN,
NATIONAL
OR
LAWFUL
PERMANENT
RESIDENT
OF
THE
UNITED
STATES
OR
CANADA.
BY
DOWNLOADING
OR
USING
THE
SONY
SOFTWARE, YOU ARE
AGREEING
TO
THE
FOREGOING
AND
YOU ARE
WARRANTING
THAT
YOU ARE
NOT
A
"FOREIGN
PERSON"
OR
UNDER THE CONTROLOF A FOREIGN PERSON.
U.S. GOVERNMENT
RESTRICTED
RIGHTS. (I)
THE
SOFTWARE PRODUCT and documentation are provided
with
RESTRICTED
RIGHTS. Use, duplication,
or
disclosure by
the
United States
Government
is
subject
to
restrictions
as
set
forth
in subparagraph (c)(1) and (2)
of
the
Commercial Computer Software-Restricted Rights
at
48
CFR
52.227-19,
as
applicable.
Manufacturer
is
Sony Electronics Inc.,
One
Sony Drive, Park Ridge,
New
Jersey 07656.
(II) All SONY technical
data
and computer
software
is
commercial in nature and developed solely
at
private
expense.
Software
is
delivered
as
Commercial Computer
Software
as
defined in
DFARS
252.227-7014 (June
1995)
or
as
a commercial item
as
defined in
FAR
2.101(a) and
as
such
is
provided
with
only
such
rights
as
are
provided in SONY's standard
commercial license
for
such
software.
Technical
data
is
provided
with
limited
rights
only
as
provided in
DFARS
252.227-7015 (Nov.1995)
or
FAR
52.227-14 (June 1987),
whichever
is
applicable.
LIMITED WARRANTY ON MEDIA.
SONY
warrants
that
for a
period
of ninety (90)
days
from the
date
of its delivery to you,
the CD-ROM media
and
Memory
Stick
media
(collectively "MEDIA")
on
which
the back-up
copy
of
the SONY SOFTWARE
is furnished to
you
will
be
free from defects in material
and
workmanship
under
normal
use. This limited
warranty
extends
only to
you
as
the original licensee.
SON
Y's entire liability
and
your
exclusive
remedy
will
be
replacement of the MEDIA
not
meeting SONY's limited
warranty
and
which is
returned
to SONY
with
proof
of
purchase
in the form
of
a bill of sale
(which is evidence
that
the MEDIA is within the
warranty
period). SONY will
have
no
responsibility to replace MEDIA
damaged
by
accident,
abuse
or
misapplication. ANY IMPLIED WARRANTIES
OR
CONDITIONS
ON
THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES
AND
CONDITIONS
OF
MERCHANTABLE QUALITY
AND
FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED
IN
DURATION TO NINETY (90)
DAYS
FROM THE DATE
OF
DELIVERY.
SOME JURISDICTIONS
00
NOT
ALLOW LIMITATIONS
ON
HOW
LONG
AN
IMPLIED WARRANTY
OR
CONDITION
LASTS, SO THESE LIMITATIONS
MAY
NOT
APPLY TO
YOu.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS,
AND
YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY
IN
DIFFERENT JURISDICTIONS.
EXCLUSION
OF
WARRANTY ON SONY
SOFTWARE.
YOU
EXPRESSLY
ACKNOWLEDGE
AND
AGREE THAT
USE
OF
THE SONY SOFTWARE
IS
AT
YOUR SOLE
RISK.
THE SONY SOFTWARE
IS
PROVIDED"AS IS"
AND
WITHOUT
WARRANTY
OR
CONDITIONS
OF
ANY KIND
AND
SONY
AND
SONY'S LICENSORS (HEREINAFTER, SONY
AND
SONY'S LICENSORS SHALL
BE
COLLECTIVELY REFERRED TO AS "SONY")
EXPRESSLY
DISCLAIM ALL WARRANTIES
AND
CONDITIONS, EXPRESS
OR
IMPLIED, INCLUDING, BUT
NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND
CONDITIONS OF MERCHANTABLE QUALITY
AND
FITNESS FOR A PARTICULAR PURPOSE. SONY DOES
NOT
WARRANT THAT THE FUNCTIONS CONTAINED
IN
THE SONYSOFTWARE WILL MEET YOUR REQUIREMENTS,
OR
THAT THE OPERATION OF THE SONY SOFTWARE WILL
BE
CORRECTED. FURTHERMORE, SONY DOES
NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR
THE RESULTS
OF
THE USE
OF
THE SONY
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY,
OR OTHERWISE.
NO
ORAL
OR
WRITTEN
INFORMATION
OR
ADVICE GIVEN
BY
SONY
OR
A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY
OR
CONDITION OR IN ANY
WAY
INCREASE THE SCOPE OFTHIS WARRANTY. SHOULDTHE SONY
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY
OR
ASONYAUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR
CORRECTION. SOME JURISDICTIONS DO NOTALLOW
THE EXCLUSION OF IMPLIED WARRANTIES
OR
CONDITIONS, SO THEABOVE EXCLUSION
MAY
NOT
APPLY
TO YOu.
LIMITATION
OF
LIABILITY.
SONY SHALL
NOT
BE
LIABLE FOR ANY INCIDENTAL, INDIRECT
OR
CONSEQUENTIAL
DAMAGES FOR BREACH
OF
ANY EXPRESS
OR
IMPLIED WARRANTY
OR
CONDITION, BREACH
OF
CONTRACT,
NEGLIGENCE, STRICT LIABILITY
OR
ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT
and/
or
accessories to the PRODUCT, MEDIA, & SONY SOFTWARE.
SUCH
DAMAGES INCLUDE, BUT ARE
NOT
LIMITED TO,
LOSS
OF
PROFITS, LOSS
OF
REVENUE, LOSS
OF
DATA, LOSS
OF
USE
OF
THE PRODUCT
OR
ANY ASSOCIATED
EQUIPMENT,
DOWN
TIME
AND
LICENSEE'S/PURCHASER'S TIME, EVEN
IF
SONY
HAS
BEEN ADVISED OF THE
POSSIBILITY OF
SUCH
DAMAGES.
IN
ANY CASE, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION
OF
THIS
AGREEMENT SHALL
BE
LIMITED
TO
THE
AMOUNT
ACTUALLY PAID
BY
YOU ALLOCABLE
TO
THE SONY
SOF1WARE. SOME JURISDICTIONS
DO
NOT
ALLOW THE EXCLUSION
OR
LIMITATION
OF
CONSEQUENTIAL,
INDIRECT
OR
INCIDENTAL DAMAGES, SOTHE ABOVE EXCLUSION
OR
LIMITATION
MAY
NOT
APPLY TO
YOu.
GOVERNING LAW: YOU HEREBY
AGREE
THAT THIS
LICENSE
SHALL
BE
GOVERNED
BY
AND CONSTRUED AND
INTERPRETED IN ACCORDANCE WITH
THE
LAWS
OF
THE
STATE
OF
CALIFORNIA, UNITED
STATES
OF AMERICA,
AND
ANY
DISPUTE ARISING HEREUNDER SHALL
BE
RESOLVED
IN ACCORDANCE WITH
THE
LAWS
OF
CALIFORNIA, EXCEPTING THAT BODY OF LAW RELATING TO CONFLICTS
OF
LAWS
Should
you
have
any
questions
concerning
this
License
or
this
Limited
Warranty,
you
may
contact
SONY
by
writing
to
SONY
at
Sony
Technical
Response
Center, 12451
Gateway
Boulevard,
Fort
Myers,
Florida
33913.
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