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Software License Agreement
101
License and Restrictions
Sony Electronics Inc.(“Sony”) grants User a license to Use one
copy of the software which is provided to you as part of this
Sony product(“software”). “Use”means storing, loading,
installing, executing or displaying the Software. Use may not
copy, modify the Software or disable any licensing or control
features of the Software. No portion of the Software may be
reproduced in any form, or by any means, without prior written
permission from Sony. User is not permitted to modify, distrib-
ute, publish, transmit or create derivative works of any
Software included for any public or commercial purposes. In
consideration of this authorization, User agrees that any copy
of this Software which User makes shall retain all copyright
and other proprietary notices in the same form and manner as
on the original. Except as specified above, nothing contained
herein shall be construed as conferring by implication, estoppel
or otherwise any license or right under any patent, trademark or
copyright of Sony, its affiliates or any third party licensor.
User may not in any way sell, lease, rent, license, sublicense or
otherwise distribute the Software. The software may only be
accessed by the functionality of the Sony product in which the
Software is incorporated by Sony (the “Product(s)”), and a
User shall not intentionally make the Software directly accessi-
ble to others or to hardware other than the Products, or other-
wise expose an API. Nothing in this Agreement grants User
any rights, license or interest with respect to source code of the
Software. User shall not modify, translate, reverse engineer,
decompile or disassemble the Software or any part thereof or
otherwise attempt to derive source code or create derivative
works therefrom, and shall not authorize any third party to do
any of the foregoing provide to User updates and other support
services for the licensed Software. All updates provided to User
shall constitute licensed Software under this License, and such
updates shall be governed by the terms hereof.
Intellectual Property
The Software is owned and copyrighted by Sony, its affiliates
or its third party licensors. User’s license confers no title or
ownership in the Software and is not a sale of any rights in the
Software. Sony’s affiliates and/or third party suppliers may
protect their rights directly in the event of any User’s violation
of this Agreement. The trademarks, tradenames, Product
designation, logos and service marks (“Marks”) displayed with
this Software are the property of Sony, its affiliates or third
party licensors, and User shall acquire no rights of any kind in
or to any Mark under which the Software and/ or Products are
marketed. User is not permitted to use these Marks without the
prior written consent of Sony, its affiliates or the applicable
third party licensor which may own the Mark.
“Sony” is a registered trademark of Sony Corporation. User
agrees not to remove, alter or destroy any patent, trademark or
copyright markings or notices placed upon or contained within
the Software, User Manuals or documentation. User further
agrees to insert and maintain with the Software and any docu-
mentation a copyright notice in User’s name.
Termination
User’s license will automatically terminate upon any transfer of
the Product. Upon transfer, User must deliver the software,
including any copies and related documentation, to the transfer-
ee. The transferee must accept these License Terms as a condi-
tion to the transfer. Otherwise, Sony does not authorize the
transfer and the User and transferee will be in violation of this
Agreement should the transferee use the Product. This license
will automatically terminate upon User’s failure to comply
with any of these License Terms. Upon termination, User must
stop using the Product and immediately destroy the Software,
together with all copies, adaptations and merged portions in
any form and/ or return it to Sony.
Export Requirements and U.S. Government
Restricted Rights
User may not export or re-export the Software or any copy or
adaptation in violation of any applicable laws or regulations.
The Software and documentation have been developed entirely
at private expense and are provided as “Commercial Computer
software - Restricted Rights” in accordance with FAR 52.227-
19 (1987) or limited rights provided for such Software and
documentation by the applicable FAR or DFARS clause or this
Sony Software License Agreement.
Limited Warranty
Sony warrants to User that the Software will not fail to execute
its programming instructions due to defects in material and
workmanship for a period equal to the warranty period provid-
ed for the Product when properly installed and used. Warranty
does not apply to defects resulting from (a) improper or inade-
quate maintenance, (b) software, interfacing, parts or supplies
not supplied by Sony, (c) unauthorized modification of the
Software or the Product, or (d) improper site preparation or
maintenance. If sony receives notice of a covered defect(s) dur-
ing the warranty period, Sony will replace Software that does
not execute its programming instructions due to such defect(s).
Sony does not warrant that the operation of the Software and /
or Product will be uninterrupted or error free. If Sony is
unable, within a reasonable time, to repair or replace any
Software to a condition as warranted, User shall be entitled to a
refund of the purchase price upon prompt return of the Product.
EXCEPT AS SPECIFICALLY STATED ABOVE, THE
SOFTWARE IS PROVIDED “AS IS” WITHOUT WAR-
RANTY AND SONY, IT S AFFILIATES AND ITS THIRD
PARTY LICENSORS DISCLAIM ANY IMPLIED WAR-
RANTY OF NON INFRINGEMENT, MERCHANTABILI-
TY OR FITNESS FOR A PARTICULAR PURPOSE. THE
REMEDIES IN THIS WARRANTY STATEMENT ARE
USER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT
AS INDICATED ABOVE, IN NO EVENT WILL SONY,
ITS AFFILIATES OR ANY OF ITS THIRD PARTY
LICENSORS BE LIABLE FOR LOSS OF DATA OR FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSE-
QUENTIAL (INCLUDING LOST PROFIT), EXEM-
PLARY, OR OTHER DAMAGE, WHETHER BASED IN
CONTRACT, TORT, OR OTHERWISE, EVENT IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL SONY OR
ANY OF ITS AFFILIATES OR THIRD PARTY LICEN-
SOR’S LIABILITY UNDER AGREEMENT, WHETHER
IN CONTRACT, TORT OR OTHERWISE, EXCEED THE
COST OF THE PRODUCT.
General
This Agreement shall be deemed to have been made and exe-
cuted in the State of California and both parties agree that any
dispute arising hereunder related to this Agreement or the
Product will be governed by laws of the State of California,
exclusive of its conflicts of law principles and that the courts in
the County of San Diego, California will have exclusive juris-
diction over all such disputes. FURTHER THE PARTIES
HEREBY WAIVE TRIAL BY JURY IN CONNECTION
WITH ANY ACTION OR SUIT ARISING UNDER THIS
AGREEMENT OR OTHERWISE ARISING FROM THE
RELATIONSHIP BETWEEN THE PARTIES HERETO. This
Agreement shall be binding upon the parties’ authorized suc-
cessor and assignees. Neither party’s waiver of any breach or
failure to enforce any of the provisions of this Agreement at
any time shall in any way affect, limit or waive such party’s
right thereafter to enforce and compel strict compliance with
every other provision. No modification of this Agreement shall
be effective unless in Writing signed by both parties.