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YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE
USING THE SOFTWARE INCLUDED WITH THE HIGH-DEFINITION DIGITAL
VIDEO RECORDER (“HD DVR”) PRODUCT. USING THIS SOFTWARE INDICATES
YOUR ACCEPTANCE OF THE AGREEMENT.
The following software modules included with the HD DVR product is not
subject to this EULA:
MontaVista Linux Kernel
binutils
busybox
Freetype2 font engine
gnu privacy guard (gpg)
xfs
xfsprogs
libgcc
libc
libstdc++
libm
(the “Excluded Modules”). Please refer to the supplement titled “Open
Source and 3rd Party Software” for terms and conditions governing the use of
the Excluded Modules, and for other notices and provisions relating to certain
third party modules included with the SONY SOFTWARE.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is
a legal agreement between you and Sony Electronics Inc. ("SONY"), the
licensor of the software (other than the Excluded Modules) included with the
SONY HD DVR product and related materials ("SONY SOFTWARE"). This
EULA covers the SONY SOFTWARE. The SONY SOFTWARE includes computer
software, whether stored on any media or downloaded from a designated site
of SONY for SONY SOFTWARE users, the associated media, any printed
materials, and any "on-line" or electronic documentation and all updates and
upgrades thereto. You may use the SONY SOFTWARE solely in conjunction
with the SONY HD DVR product that accompanied the SONY SOFTWARE. By
installing, copying or otherwise using the SONY SOFTWARE, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this
EULA, SONY is unwilling to license the SONY SOFTWARE to you.
In such
event, you may not use or copy the SONY SOFTWARE.
SONY SOFTWARE LICENSE
The SONY SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. The
SONY SOFTWARE is licensed, not sold.
GRANT OF LICENSE. This License grants you the following right:
Use of SONY SOFTWARE. You may use the SONY SOFTWARE in conjunction
with the SONY HD DVR. You may install appropriate elements of the SONY
SOFTWARE on personal computers that are networked to the SONY HD DVR
for use solely with the SONY HD DVR.
Back-up Copy. You may make one back-up copy of SONY SOFTWARE solely
for archival purposes.
DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS
Limitation on Reverse Engineering, Decompilation and Disassembly. You may
not modify, reverse engineer, decompile, or disassemble the SONY SOFTWARE
in whole or in part.
Separation of Components. The SONY SOFTWARE is licensed as a single
product. Its component parts may not be separated for use on more than one
computer unless expressly authorized by Sony.
Data Files. The SONY SOFTWARE may create data files automatically for use
with the SONY SOFTWARE. Any such data files will be deemed as part of the
SONY SOFTWARE.
Rental. You may not rent or lease the SONY SOFTWARE.
Software Transfer. You may permanently transfer all of your rights under this
EULA only as part of a sale or transfer of SONY SOFTWARE accompanying the
sale or transfer of the SONY HD DVR that it is used with, provided you retain
no copies, transfer all of the SONY SOFTWARE (including all copies,
component parts, the media and printed materials, all versions and any
upgrades of the SONY SOFTWARE and this EULA), and the recipient agrees to
the terms of this EULA .
Termination. Without prejudice to any other rights, SONY may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you must destroy all copies of the SONY SOFTWARE and all of its
component parts.
Confidentiality. You agree to keep information contained in SONY SOFTWARE
which is not publicly known confidential to yourself, and not to disclose such
information to others without SONY's prior written approval.
Dependent Software. The software, network services or other products other
than SONY SOFTWARE upon which the SONY SOFTWARE's performance
depends on might be interrupted or discontinued at the discretion of the
suppliers (software suppliers, service providers, or Sony). Sony and its
suppliers do not warrant that those software, network services or other
products will continue to be available, or will operate without interruption or
modification.
COPYRIGHT
All title and copyright in and to the SONY SOFTWARE (including but limited to
any images, photographs, animation, video, audio, music, text and "applets",
incorporated into the SONY SOFTWARE), and any copies of the SONY
SOFTWARE, are owned by SONY or its suppliers. All rights not specifically
granted under this EULA are reserved by SONY.
HIGH RISK ACTIVITIES
The SONY 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 SONY SOFTWARE could lead to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). SONY and its
suppliers specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS
SONY SOFTWARE is provided with 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 CFR 52.227-19, as applicable. Manufacturer is Sony
Electronics Inc., 16450 West Bernardo Drive, San Diego, CA 92127.
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 of any kind and SONY and SONY's licensors (hereinafter, SONY and
SONY's licensor's shall be collectively referred to as "SONY") EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A 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. 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 IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SONY SOFTWARE PROVE DEFECTIVE YOU (AND
NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
HEREINAFTER, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSOR'S
SHALL BE COLLECTIVELY REFERRED TO AS "SONY", SONY SHALL NOT BE
END-USER LICENSE AGREEMENT FOR SOFTWARE INCLUDED
WITH YOUR SONY HIGH-DEFINITION DIGITAL VIDEO RECORDER