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
S2.227-19.
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
DO
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
DIFFERENTJURISDICTIONS.
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
CONDmONS
OF
ANY KIND
AND
SONY
AND
SONY'S LICENSORS (HEREINAFTER,SONY
AND
SONY'S LICENSORS SHALL
BE
COLLECTIVELY
REFE~D
TOAS "SONY")
EXPRESSLY
DISCLAIM ALL WARRANTIES
AND
CONDmONS,
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND
CONDmONS
OF MERCHANTABLE QUALITY
AND
FITNESS FORA PARTICULAR PURPOSE. SONY DOES
NOT
WARRANT THAT THE FUNCTIONS CONTAINED
IN
THE SONY SOFTWARE WILL MEET YOUR REQUIREMENTS,
OR
THAT THE OPERATION OF THE SONY SOFTWARE WILL
BE
CORRECTED.
FURrnERMORE,
SONY DOES
NOT
WARRANT
OR
MAKE ANY REPRESENTATIONS REGARDING THE USE
OR
THE RESULTS OF THE USE OFTHE SONY
SOFTWARE
IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
OR
OTHERWISE.
NO
ORAL
OR
WRITTEN
INFORMATION
OR
ADVICE GIVEN
BY
SONY OR ASONYAUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR
CONDmON
OR IN ANY
WAY
INCREASE THESCOPE
OF
THISWARRANTY. SHOULD THE SONY
SOFTWARE PROVE DEFECTIVE, YOU (AND
NOT
SONYORA SONY AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OFALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS
DO
NOT
ALLOW
THE EXCLUSION OFIMPLIED WARRANTIES
OR
CONDmONS,
SO THEABOVE EXCLUSION
MAY
NOT
APPLY TOYOu.
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
ANYCASE, SONY'S ENTIRE LIABILITY
UNDER
ANY PROVISION
OF
THIS
AGREEMENT SHALL
BE
LIMITED TO
THE
AMOUNT
ACTUALLY PAID
BY
YOU ALLOCABLE
TO
THE
SONY
SOFTWARE. SOME JURISDICTIONS
DO
NOT
ALLOW THE EXCLUSION
OR
LIMITATION
OF
CONSEQUENTIAL,
INDIRECT
OR
INCIDENTAL DAMAGES, SO THE 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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