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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. User 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, distribute, publish, transmit or
create derivative works of any Software included for any public or
commercial purposes. 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 accessible to others or to hardware other than the
Products, or otherwise 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 unless Sony's prior written consent is obtained.
Sony may elect to 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
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 documentation 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 transferee. The transferee must accept these
License Terms as a condition 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 in technical data in
accordance with FAR 52.227-14 (1987). User has only those 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 perofrm substantially in
accordance with published specifications for a period equal to ninety (90)
days from the original date of purchase when properly installed and used.
Warranty does not apply to defects resulting from (a) improper or inadequate
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) during the warranty period, Sony will replace Software that
does not perform substantially in accordance with published specifications.
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 WARRANTY AND SONY, ITS
AFFILIATES AND ITS THIRD PARTY LICENSORS DISCLAIM
ANY IMPLIED WARRANTY OF NONINFRINGEMENT,
MERCHANTABILITY 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, CONSEQUENTIAL (INCLUDING LOST PROFIT),
EXEMPLARY, OR OTHER DAMAGE, WHETHER BASED IN
CONTRACT, TORT, OR OTHERWISE, EVEN 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 LICENSOR’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 executed 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 jurisdiction 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 successor 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.
Software License Agreement