Sony VGF-HS1 - Manual (Page 77)


VGF-HS1 3-98-360-11(1)
LIMITATION OF LIABILITY
IN THIS SECTION, SONY AND SONY’S LICENSOR’S SHALL BE COLLECTIVELY REFERRED TO AS
“SONY.” SONY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO
THE SOFTWARE OR THIS DEVICE. 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 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 LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU ALLOCABLE TO THE SOFTWARE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
SOFTWARE DATA COLLECTION AND MONITORING
The SOFTWARE contains features which may allow SONY and/or third parties to collect data from,
control and/or monitor the DEVICE and other devices running or interacting with the SOFTWARE. You
hereby consent to such activities. SONY’s current privacy policy is located at http://products.sel.sony.com/
SEL/legal/privacy.pdf. Please contact applicable third parties for privacy policies related to their software
and services.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or third parties may automatically update or otherwise modify the SOFTWARE,
for example, but not limited to, for purposes of enhancement of security functions, error correction and
improvement of functions. Such updates or modifications may delete or change the nature of features or
other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such
activities may occur at SONY’s sole discretion and that SONY may condition continued use of the
SOFTWARE upon your complete installation or acceptance of such update or modifications.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This License shall be governed by the laws of the State of California, United States of America, without
regards to conflict of laws provisions. Any dispute arising out of this License shall be subject to the exclusive
venue of the state and federal courts of San Diego County, California, and the parties hereby consent to the
venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT
TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE.
SEVERABILITY
If any part of this License is held invalid or unenforceable, the other parts will remain valid.
THIRD PARTY BENEFICIARY
For all purposes of this License, each of Sony’s third party licensors of any of the SOFTWARE shall be
expressly deemed an intended third party beneficiary of this License and shall have the right to enforce the
terms and conditions of this License.
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.