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IMPORTANT - READ BEFORE DOWNLOADING ANY PROGRAM OR ACCOMPANYING DOCUMENTATION ONLINE
DOWNLOADING ANY PROGRAM OR ACCOMPANYING DOCUMENTATION INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT DOWNLOAD ANY PROGRAM OR ACCOMPANYING ONLINE DOCUMENTATION.
SOFTWARE LICENSE AGREEMENT
Sony Electronics Inc. ("Sony") furnishes the program and accompanying online documentation and, with its licensors, licenses their use to you, all as provided in this Agreement.
Under this Agreement, Sony and it licensors grant you a limited license to use the program and accompanying online documentation for use only with the Sony products and not for resale.
YOU AGREE NOT TO MODIFY OR DISASSEMBLE THE PROGRAM OR THE ACCOMPANYING ONLINE DOCUMENTATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT OR UPON SONY'S PRIOR WRITTEN APPROVAL. IN ADDITION, YOU AGREE NOT TO TRANSFER, LICENSE OR DISCLOSE THE PROGRAM, THE ACCOMPANYING ONLINE DOCUMENTATION OR ANY PROGRAM YOU DEVELOP FROM THEM, IN WHOLE OR IN PART, TO ANY THIRD PARTY EXCEPT UPON SONY'S PRIOR WRITTEN APPROVAL. FINALLY, YOU AGREE NOT TO USE THE PROGRAM OR MATERIAL AND THE ACCOMPANYING DOCUMENTATION, IN WHOLE OR IN PART FOR ANY PURPOSE OTHER THAN AS OUTLINED IN THAT DOCUMENTATION.
This license is effective until terminated. You may terminate it at any time by giving Sony written notice to that effect. Sony may terminate it if you fail to comply with this Agreement by giving you like notice. Upon termination, you will destroy the program and accompanying online documentation and all copies you have made of them. In addition, upon termination you will have no recourse against Sony or its licensors for your inability to use the program or the accompanying documentation.
EXCLUSIONS OF WARRANTIES
THE PROGRAM AND ACCOMPANYING ONLINE DOCUMENTATION ARE FURNISHED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. SONY AND ITS LICENSORS DO NOT WARRANT THAT THE PROGRAM OR THE ACCOMPANYING ONLINE DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. SONY AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND ACCOMPANYING ONLINE DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY OR ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR ANY OTHER COMPARABLE STATE STATUTE.
LIMITATION OF LIABILITY
THE PROGRAM AND ACCOMPANYING ONLINE DOCUMENTATION ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY AND ITS LICENSORS WILL NOT BE LIABLE AND YOU WILL HAVE NO REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER CONCERNING YOUR USE OF THE PROGRAM OR THE ACCOMPANYING ONLINE DOCUMENTATION, REGARDLESS OF LEGAL THEORY, AND WHETHER ARISING IN TORT OR CONTRACT. IN NO EVENT WILL SONY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY OTHER REASON WHATSOEVER.
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
This software may contain encryption technology. The customer acknowledges that any export of software containing encryption technology from the United States or subsequent re-export of such software by a person located outside of the United States requires a license or other authorization from the U.S. Department of Commerce's Bureau of Industry and Security. The Customer further acknowledges that software containing encryption technology and acquired from Sony Electronics is not intended for use by a foreign government end-user. By accepting this license agreement, the customer agrees to abide by all relevant U.S. export laws and regulations in the purchase and use of the Sony Electronics product being acquired, including, but not limited to those regulations relating to the export control of cryptographic items.
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
You acknowledge that as between you, Sony and its licensors, Sony and its licensors own all right, title and interest, including but not limited to, all copyrights, trade secret and other intellectual property in and to the programs and accompanying online documentation. You further acknowledge that Sony's licensors are direct and intended third party beneficiaries of this Agreement and may enforce it directly against you. If you are a governmental entity, your use, duplication or disclosure of the program and accompanying documentation are subject to the restrictions set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software clause at FAR 52.227 19, and subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DOD FAR 252.227-7013 and any comparable federal, state or local law or regulation and, for this purpose, the manufacturer is Sony Electronics Inc. located at the address referred to below. You may not export the program and accompanying online documentation in violation of the United States Export Control Act. This Agreement will be governed by the laws of the United States and of the State of New York. If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid.
Should you have any questions concerning this Agreement or, if you desire to contact Sony for any reason, please write:
Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND SONY CONCERNING THE PROGRAM AND ACCOMPANYING ONLINE DOCUMENTATION AND THAT IT SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SONY OR BETWEEN YOU AND ANY OTHER PARTY RELATING TO THE PROGRAM AND ACCOMPANYING ONLINE DOCUMENTATION.
Save this Agreement to your hard drive or by printing it out for future reference.
(c)1995- Sony Electronics Inc. Reproduction in whole or in part without written permission is prohibited. All rights reserved.