SONY:
5-038-104-11(1)
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• 5 0 3 8 1 0 4 1 • (1)
©2022 Sony Corporation Printed in
China/
lmprime
en Chine
DIii
Last
Updated:
2022
-
04
IMPORTANT:
BEFORE
USING
THE
SOFTWARE
,
PLEASE
READ
THIS
END
USER
LICENSE
AGREEMENT
(·
EuLA·J
CAREFULLY
.
BY
USING
THE
SOFTWARE
YOU
ARE
ACCEPTING
THE
TERMS
OF
THIS
EULA
.
IF
YOU
DO
NOT
ACCEPT
THE
TERMS
OF
THIS
EULA
,
YOU
MAY
NOT
USE
THE
SOFTWARE
.
This
EULA
is
a legal agreement between you and Sony Electronics Inc. (·soNV-). This
EULA
governs your
rights and obligations regarding the
SONY
software
of
SONY
and/or
its third party licensors (including
SONY
's affiliates) and their respective affiliates (collectively, the
·THIRD-PARTY
SUPPLIERS")
, together
with
any
update
s/
upgrades,
any
printed,
on
-line
or
other
electronic
documentation
for
such software
and any data files,
each
provided by
SONY
or the
THIRD-PARTY
SUPPLIERS
,
or
created by operation
of
such
software (collectively, the ·soFTWAR.E·).
Notw
i
thstanding
the
foregoing
,
any
software
in
the
SOFTWARE
having a separate end user license
agreement (including,
but
not
limited
to,
GNU
General Public license and Lesser/Library General Public
License) shall be covered by such applicable separate end user license agreement in lieu
of
the terms
of
this
EULA
to
the extent required by
such
separate end user license agreement (·
EXCLUDED
SOFTWARE
·).
SOFTWARE
LICENSE
The
SOFTWARE
is
licensed, not sold. The
SOFTWARE
is
protected by copyright and other intellectual
property laws and international treaties.
COPYRIGHT
All right and title in and
to
the
SOFTWARE
(including, but not limited to, any images, photographs,
animation, video, audio, music, text and
·applets
· and
other
content
incorporated
into
the
SOFTWARE)
is
owned by
SONY
or one
or
more
of
the
THIRD-PARTY
SUPPLIERS
.
GRANT
OF
LICENSE
SONY
grants you a limited, non-exclusive, personal, non-transferable license to
use
the
SOFTWARE
solely in connection
with
your
compatible
device (including,
but
not
limited
to, SONY's products
which
the
SOFTWARE
is
embedded in or bundled with) (.
DEVICE·)
solely in accordance with this
EULA
and the
usage instructions
as
may be made available
to
you by
SONY
or
the
THIRD-PARTY
SUPPLIERS.
SONY
and
the
THIRD
-
PARTY
SUPPLIERS
expressly reserve all rights, title and interest (including,
but
not limited to,
all intellectual property rights) in and to the
SOFTWARE
that this
EULA
does not specifically grant
to
you.
REQUIREMENTS
AND
LIMITATIONS
You
may
not
copy, publish,
adapt
, redistribute,
attempt
to
derive source c
ode
,
modify
, reverse engineer,
decompile,
or
disassemble any
of
the
SOFTWARE
,
whether
in
whole
or
in part,
or
create any derivative
works from or
of
the
SOFTWARE
unless such derivative works
are
intentionally facilitated by the
SOFTWARE.
You
may not modify or tamper with any digital rights management functionality
of
the
SOFTWARE
.
You
may not bypass, modify, defeat or circumvent any
of
the functions or protections
of
the
SOFTWARE
or any mechanisms operatively linked
to
the
SOFTWARE
.
You
may not separate any
individual
component
of
the
SOFTWARE
for
use
on
more
than
one
DEVICE
unless expressly authorized
to
do
so by
SONY
.
You
may
not
remove,
alter
, cover
or
deface
any
trademarks
or
notices
on
the
SOFTWARE
.
You
may
not
share, distribute,
rent
, lease, sublicense, assign, transfer
or
sell
the
SOFTWARE
.
You
may
not
use
the
SOFTWARE
in connec
tion
with
violation
of
laws, regulations,
court
decisions
or
other
legally
binding
dispositions by a
public
authority
or
public
policy,
or
infringement
of
the
rights
or
legally protected interests (including, but
not
limited
to
, intellectual and other property rights, rights
to
trade secrets, honors, privacy and publicity)
of
SONY
,
each
of
the
THIRD-PARTY
SUPPLIERS
or any third
parties.
The
software, network services or other products other than the
SOFTWARE
upon which the
SOFTWARE'S
performance depends
might
be
modified
, interrupted
or
discontinued at
the
discretion
of
the suppliers (software suppliers, service suppliers, or
SONY)
.
SONY
and
such
suppliers do not warrant
that
the
SOFTWARE
,
network
services, contents
or
other
products
will continue
to
be available,
or
will
operate
without
interruption
or
modification
.
EXCLUDED
SOFTWARE
AND
OPEN
SOURCE
COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge
that
the
SOFTWARE
may include
EXCLUDED
SOFTWARE
. Certain
EXCLUDED
SOFTWARE
may be covered by open source software licenses
("Open Source Components"),
which
means
any software licenses approved
as
open
source licenses
by the Open
Source
Initiative or any substantially similar licenses, including but not limited
to
any
license
that
,
as
a condition
of
distribution
of
the
software licensed
under
such license, requires
that
the
distributor
make the software available in source code
format.
If
and
to
the
extent
disclosure is
required, please visit
oss
.sony.net/Products/Linux (https://oss.sony.net/Products/Linux) or other
SONY-
designated web site for a list
of
applicable
OPEN
SOURCE
COMPONENTS
included in the
SOFTWARE
from
time
to
time
, and
the
applicable
terms
and conditions
governing
its use. Such terms and conditions
may be changed by the applicable third party at any time without liability
to
you.
To
the extent required
by the licenses covering
EXCLUDED
SOFTWARE
, the terms
of
such
licenses will apply in lieu
of
the terms
of
this
EULA
.
To
the extent the terms
of
the licenses applicable to
EXCLUDED
SOFTWARE
prohibit any
of
the restrictions in this
EULA
with respect
to
such
EXCLUDED
SOFTWARE
, such restrictions will not
apply to
such
EXCLUDED
SOFTWARE
.
To
the extent the terms
of
the licenses applicable
to
Open
Source
Components require
SONY
to
make an
offer
to
provide source code in connection
with
the
SOFTWARE,
such
offer
is
hereby made.
USE
OF
SOFTWARE
WITH
COPYRIGHTED
MATERIALS
The
SOFTWARE
may
be capable
of
being used by you
to
view, store, process
and/or
use
content
created
by you
and/or
third parties.
Such
content may
be
protected by copyright, other intellectual property
laws,
and/or
agreements. You agree
to
use
the
SOFTWARE
only
in compliance
with
all such laws and
agreements that apply
to
such content.
You
acknowledge and agree
that
SONY
may take appropriate
measures
to
protect content stored, processed or used by the
SOFTWARE.
Such
measures include,
but
are
not
limited
to, refusal
to
accept
your
request
to
enable backup and restoration
of
content
through
certain
SOFTWARE
features, and termination
of
this
EULA
in the event
of
your illegitimate use
of
the
SOFTWARE
.
CONTENT
SERVICE
PLEASE
ALSO
NOTE
THAT
THE
SOFTWARE
MAY
BE
DESIGNED
TO
BE
USED
WITH
CONTENT
AVAILABLE
THROUGH
ONE
OR
MORE
CONTENT
SERVICES
(·CONTENT
SERVICE·)
.
USE
OF
THE
SERVICE
AND
THAT
CONTENT
IS
SUBJECT
TO
THE
TERMS
OF
SERVICE
OF
THAT
CONTENT
SERVICE.
IF
YOU
DECLINE
TO
ACCEPT
THOSE
TERMS
,
YOUR
USE
OF
THE
SOFTWARE
WILL
BE
LIMITED
.
You
acknowledge and agree
that
certain content and services available through the
SOFTWARE
may be provided by third parties over
which
SONY
has
no control.
USE
OF
THE
CONTENT
SERVICE
REQUIRES
AN
INTERNET
CONNECTION.
THE
CONTENT
SERVICE
MAY
BE
MODIFIED
OR
DISCONTINUED
AT
ANY
TIME.
INTERNET
CONNECTIVITY
AND
THIRD
PARTY
SERVICES
You
acknowledge
and agree
that
access
to
certain
SOFTWARE
features
may
require an Internet
connection
for
which
you are solely responsible. Further, you are solely responsible
for
payment
of
any
fees associated
with
your
Internet
connection, including
but
not
limited
to
Internet service provider
or
airtime charges. Operation
of
the
SOFTWARE
may be limited or restricted depending on the capabilities,
bandwidth
or
technical
limitations
of
your
Internet
connection and service. The provision,
quality
and
security
of
such
Internet
connectivity are
your
responsibility
or
that
of
the
third
party
providing such
service.
EXPORT
AND
OTHER
REGULATIONS
You
agree
to
comply with all applicable export and
re
-export restrictions and regulations
of
the
Department
of
Commerce and
other
United States agencies and authorities, and
not
to
transfer,
or
authorize
the
transfer,
of
the
SOFTWARE
to
a
prohibited
country
or
otherwise in
violation
of
any such
restrictions
or
regulations.
U.S.
GOVERNMENT
RESTRICTED
RIGHTS
Use
, duplication,
or
disclosure by
the
United States Government is subject
to
restriction
as
set
forth
in subparagraph
(c)
(1)
and
(2)
of
the Commercial Computer Software-Restricted Rights at 48
C.F.R
. §
52.227-19,
as
applicable. The
manufacturer
solely
for
purposes
of
this
section
is
Sony Electronics Inc.,
16S35
Via
Esprillo,
San
Diego,
CA
92127.
HIGH
RISK
ACTIVITIES
The
SOFTWARE
is
not
fault
-
tolerant
and
is
not
designed, manufactured
or
intended
for
use
or
resale
as
on-line
control
equipment
in hazardous environments requiring fail-safe performance, such
as
in
the
operation
of
nuclear facilities, aircraft navigation
or
communication
systems, air traffic control, direct
life
support
machines,
or
weapons
systems, in
which
the
failure
of
the
SOFTWARE
could lead
to
death,
personal injury,
or
severe physical
or
environmental damage (·
HIGH
RISK
ACTIVITIES
·
).
SONY
, each
of
the
THIRD-PARTY
SUPPLIERS
, and each
of
their respective affiliates specifically disclaim any express
or
implied warranty, duty or condition
of
fitness for
HIGH
RISK
ACTIVITIES.
EXCLUSION
OF
WARRANTY
ON
SOFTWARE
You
acknowledge
and agree
that
use
of
the
SOFTWARE
is
at
your
sole risk and
that
you are responsible
for use
of
the
SOFTWARE
. The
SOFTWARE
is
provided
·AS
IS
,"
without warranty, duty or condition
of
any
kind.
SONY
AND
EACH
OF
THE
THIRD-PARTY
SUPPLIERS
(for purposes
of
this Section,
SONY
and each
of
the
THIRD-PARTY
SUPPLIERS
shall be collectively referred
to
as
•soNV-)
EXPRESSLY
DISCLAIM
ALL
WARRANTIES
,
DUTIES
OR
CONDITIONS,
EXPRESS
OR
IMPLIED,
INCLUDING,
BUT
NOT
LIMITED
TO
,
THE
IMPLIED
WARRANTIES
OF
MERCHANTABILITY
,
QUALITY
,
FITNESS
FOR
A
PARTICULAR
PURPOSE
,
ACCURACY
,
TITLE
AND
NONINFRINGEMENT
.
WITHOUT
LIMITING
THE
GENERALITY
OF
THE
FOREGOING
SONY
DOES
NOT
WARRANT
OR
MAKE
ANY
CONDITIONS
OR
REPRESENTATIONS
(A)
THAT
THE
FUNCTIONS
CONTAINED
IN
ANY
OF
THE
SOFTWARE
WILL
MEET
YOUR
REQUIREMENTS
OR
THAT
THEY
WILL
BE
UPDATED
,
(B)
THAT
THE
OPERATION
OF
ANY
OF
THE
SOFTWARE
WILL
BE
CORRECT
OR
ERROR-FREE
OR
THAT
ANY
DEFECTS
WILL
BE
CORRECTED,
(C)
THAT
THE
SOFTWARE
WILL
NOT
DAMAGE
ANY
OTHER
SOFTWARE
,
HARDWARE
OR
DATA
,
(D)
THAT
ANY
SOFTWARE,
NETWORK
SERVICES
(INCLUDING
THE
INTERNET)
OR
PRODUCTS
(OTHER
THAN
THE
SOFTWARE)
UPON
WHICH
THE
SOFTWARE'S
PERFORMANCE
DEPENDS
WILL
CONTINUE
TO
BE
AVAILABLE,
UNINTERRUPTED
OR
UNMODIFIED,
AND
(E)
REGARDING
THE
USE
OR
THE
RESULTS
OF
THE
USE
OF
THE
SOFTWARE
IN
TERMS
OF
ITS
CORRECTNESS
ACCURACY
RELIABILITY
,
OR
OTHERWISE.
' '
NO
ORAL
OR
WRITTEN
INFORMATION
OR
ADVICE
GIVEN
BY
SONY
OR
AN
AUTHORIZED
REPRESENTATIVE
OF
SONY
SHALL
CREATE
A
WARRANTY
,
DUTY
OR
CONDITION
OR
IN
ANY
WAY
INCREASE
THE
SCOPE
OF
ANY
PROVISION
OF
THIS
EULA
.
SHOULD
THE
SOFTWARE
PROVE
DEFECTIVE
YOU
ASSUME
THE
ENTIRE
COST
OF
ALL
NECESSARY
SERVICING
,
REPAIR
OR
CORRECTION.
SOME
JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OF
IMPLIED
WARRANTIES
,
SO
THESE
EXCLUSIONS
MAY
NOT
APPLY
TO
YOU
TO
THE
EXTENT
THEY
ARE
CONTRARY
TO
APPLICABLE
LAW
OF
YOUR
JURISDICTION
.
LIMITATION
OF
LIABILITY
SONY
AND
EACH
OF
THE
THIRD-PARTY
SUPPLIERS
(for purposes
of
this Section,
SONY
and each
of
the
THIRD-PARTY
SUPPLIERS
shall be collectively referred
to
as
·soNV-)
SHALL
NOT
BE
LIABLE
FOR
ANY
INCIDENTAL,
INDIRECT
,
SPECIAL
OR
CONSEQUENTIAL
LOSS
OR
DAMAGES
FOR
BREACH
OF
ANY
EXPRESS
OR
IMPLIED
WARRANTY,
BREACH
OF
CONTRACT
,
NEGLIGENCE
,
STRICT
LIABILITY
OR
UNDER
ANY
OTHER
LEGAL
THEORY
RELATED
TO
THE
SOFTWARE
,
INCLUDING,
BUT
NOT
LIMITED
TO
,
ANY
DAMAGES
ARISING
OUT
OF
LOSS
OF
PROFITS,
LOSS
OF
REVENUE,
LOSS
OF
DATA
,
LOSS
OF
USE
OF
THE
SOFTWARE
OR
ANY
ASSOCIATED
HARDWARE,
DOWN
TIME
AND
USER
'S
TIME
,
EVEN
IF
ANY
OF
THEM
HAVE
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
LOSSES
OR
DAMAGES
.
IN
ANY
CASE
,
EACH
AND
ALL
OF
THEIR
AGGREGATE
LIABILITY
UNDER
ANY
PROVISION
OF
THIS
EULA
SHALL
BE
LIMITED
TO
THE
AMOUNT
ACTUALLY
PAID
FOR
THE
SOFTWARE
,
SONY
'S
PRODUCT
WHICH
THE
SOFTWARE
IS
EMBEDDED
IN
OR
BUNDLED
WITH
AND/OR
SONY
'S
SERVICE
TO
WHICH
THE
SOFTWARE
IS
DEDICATED.
SOME
JURISDICTIONS
DO
NOT
ALLOW
SUCH
EXCLUSIONS
OR
LIMITATIONS
OF
LIABILITY,
SO
THE
ABOVE
EXCLUSIONS
OR
LIMITATIONS
MAY
NOT
APPLY
TO
YOU
TO
THE
EXTENT
THEY
ARE
CONTRARY
TO
APPLICABLE
LAW
OF
YOUR
JURISDICTION
.
AUTOMATIC
UPDATE
FEATURE
From
time
to
time,
SONY
or the
THIRD
-
PARTY
SUPPLIERS
may automatically update or otherwise modify
the
SOFTWARE
,
including
,
but
not
limited
to
,
for
purposes
of
enhancement
of
security functions, error
correction and
improvement
of
functions,
at
such
time
as
you interact
with
SONY
's
or
third
parties'
servers,
or
otherwise. Such updates
or
modifications
may
delete
or
change
the
nature
of
features
or other aspects
of
the
SOFTWARE,
including,
but
not limited
to
, functions you may rely upon.
You
acknowledge
and
agree
that
such activities
may
occur
at
SONY's sole discretion and
that
SONY
may
condition
continued
use
of
the
SOFTWARE
upon
your
complete installation
or
acceptance
of
such
update
or
modifications
.
Any
updates/modifications
shall be
deemed
to
be, and shall constitute
part
of, the
SOFTWARE
for purposes
of
this
EULA
.
By
acceptance
of
this
EULA,
you consent to such update/
modification
.
ENTIRE
AGREEMENT,
WAIVER,
SEVERABILITY
This
EULA
(and
SONY
's applicable privacy policy separately presented
to
you,
if
any),
as
amended and
modified from
time
to
time, constitute the entire agreement(s) between you and
SONY
with respect
to
the
SOFTWARE
. The failure
of
SONY
to
exercise
or
enforce any
right
or
provision
of
this
EULA
shall
not
constitute a
waiver
of
such
right
or
provision.
If
any
part
of
this
EULA
is
held invalid, illegal,
or
unenforceable,
that
provision shall be enforced
to
the
maximum
extent
permissible so
as
to
maintain
the intent
of
this
EULA
, and the other parts will remain in full force and effect.
GOVERNING
LAW
AND
JURISDICTION
The
United Nations Convention on Contracts for the International
Sale
of
Goods shall not apply
to
the
SOFTWARE
or
this
EULA.
This
EULA
will not be governed
or
interpreted in any way by referring
to
any
law based on the Uniform Computer Information Transactions Act
(UCITA)
or any other act derived from
or related to
UCITA.
This
EULA
shall be governed by the laws
of
the State
of
Delaware
(USA),
without
regard
to
conflict
of
laws provisions.
BINDING
ARBITRATION
ANY
"DISPUTE"
THAT
IS
NOT
RESOLVED
THROUGH
THE
INFORMAL
NEGOTIATION
PROCESS
DESCRIBED
ABOVE
SHALL
BE
RESOLVED
EXCLUSIVELY
THROUGH
BINDING
ARBITRATION
.
•DISPUTE
•
is
defined
as
any disagreement, cause
of
action, claim, controversy,
or
proceeding
between
you and
any Sony entity related
to
or arising out
of
the
SOFTWARE
or this
EULA
.
DISPUTE
is
to
be given the
broadest possible
meaning
that
will be enforced.
If
a
DISPUTE
arises, you agree
to
first give notice
to
SONY
by contacting Sony Electronics Inc. at
16535
Via
Esprillo,
MZ
110S
,
San
Diego,
CA
92127,
Attn: Legal
Department, and engaging in good faith negotiations
to
attempt
to
resolve any
DISPUTE
for at least
14
days, except that you or Sony (or any
of
its affiliates) may skip this informal negotiation procedure for
DISPUTE
enforcing, protecting,
or
concerning
the
validity
of
intellectual
property
rights.
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