|END-USER LICENSE AGREEMENT FOR SONY SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“License”) is a legal agreement between you and Sony Electronics Inc. (“SONY”), regarding your CLIE Personal Entertainment Organizer product or associated accessory (the “PRODUCT”). All SONY software and third party software, which is (i) installed in the PRODUCT, and/or (ii) recorded in CD-ROM media and Memory Stick media, attached to the package or included in the package of the PRODUCT or of accessories to the PRODUCT, (except as may be provided by other third party end-user license agreements) shall be referred to herein as the “SONY SOFTWARE”. This License covers only the SONY SOFTWARE. The SONY SOFTWARE includes computer operating systems and application software, the associated media, any printed materials and any “on-line” or electronic documentation. You may use the SONY SOFTWARE only in connection with the use of the PRODUCT. By installing, copying or otherwise using the SONY SOFTWARE, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, SONY is unwilling to license the SONY SOFTWARE to you. In such event, you may not use or copy the SONY SOFTWARE, and you should promptly contact SONY for instructions on return of the entire PRODUCT and/or accessories to the PRODUCT and included 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 non-exclusive rights:
Software. You may use one exact copy of the SONY SOFTWARE on the PRODUCT and exact copies on computers only in connection with the use of the PRODUCT. Any copy must contain the same proprietary notices which appear on and in the original copy of the SONY SOFTWARE.
Storage/Network Use. You may not use the SONY SOFTWARE over an internal network or distribute the SONY SOFTWARE to your other computers over an internal network.
Except as stated above, this License does not grant you any rights (whether by license, ownership or otherwise) in or to intellectual property with respect to the SONY SOFTWARE.
DESCRIPTION OF OTHER 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 PRODUCT and computers used in connection with the PRODUCT.
Rental. You may not rent or lease the SONY SOFTWARE.
Software Transfer. You may permanently transfer all of your rights under this License only as part of a sale or transfer of the this PRODUCT and/or accessories to the PRODUCT, 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 License), and the recipient agrees in writing to the terms of this License.
Termination. Without prejudice to any other rights, SONY may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SONY SOFTWARE and all of its component parts.
Proprietary Notice. You may not alter or delete the proprietary notices which appear on and in the copies of the SONY SOFTWARE.
COPYRIGHT. All title and copyrights in and to the SONY SOFTWARE (including but not 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 License are reserved by SONY.
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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 directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). SONY and its suppliers specifically disclaim any express or implied warranty or condition of fitness for High Risk Activities.
PROHIBITION ON EXPORT. THE SONY SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR CANADA OR TO ANY FOREIGN ENTITY OR “FOREIGN PERSON” AS DEFINED BY APPLICABLE U.S. OR CANADIAN GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES OR CANADA. BY DOWNLOADING OR USING THE SONY SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A “FOREIGN PERSON” OR UNDER THE CONTROL OF A FOREIGN PERSON.
U.S. GOVERNMENT RESTRICTED RIGHTS. (I) THE SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions 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., One Sony Drive, Park Ridge, New Jersey 07656. (II) All SONY technical data and computer software is commercial in nature and developed solely at private expense. Software is delivered as Commercial Computer Software as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in SONY’s standard commercial license for such software. Technical data is provided with limited rights only as provided in DFARS 252.227-7015 (Nov.1995) or FAR 52.227-14 (June 1987), whichever is applicable.
LIMITED WARRANTY ON MEDIA. SONY warrants that for a period of ninety (90) days from the date of its delivery to you, the CD-ROM media and Memory Stick media (collectively “MEDIA”) on which the back-up copy of the SONY SOFTWARE is furnished to you will be free from defects in material and workmanship under normal use. This limited warranty extends only to you as the original licensee. SONY’s entire liability and your exclusive remedy will be replacement of the MEDIA not meeting SONY’s limited warranty and which is returned to SONY with proof of purchase in the form of a bill of sale (which is evidence that the MEDIA is within the warranty period). SONY will have no responsibility to replace MEDIA damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY IN DIFFERENT JURISDICTIONS.
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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 OR CONDITIONS OF ANY KIND AND SONY AND SONY’S LICENSORS (HEREINAFTER, SONY AND SONY’S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS “SONY”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY 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 CONDITION 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 OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. SONY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT and/or accessories to the PRODUCT, MEDIA, & SONY SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND LICENSEE’S/PURCHASER’S TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SONY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
GOVERNING LAW: YOU HEREBY AGREE THAT THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND ANY DISPUTE ARISING HEREUNDER SHALL BE RESOLVED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA, EXCEPTING THAT BODY OF LAW RELATING TO CONFLICTS OF LAWS
Should you have any questions concerning this License or this Limited Warranty, you may contact SONY by writing to SONY at Sony Technical Response Center, 12451 Gateway Boulevard, Fort Myers, Florida 33913.