Limitation of liability, Limited warranty on media, Fees – Sony BDV-T57 User Manual

Page 5

Advertising
background image

5

STATUTORY OR OTHERWISE, OF ANY KIND.
SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS, AND ITS THIRD PARTY PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDNG
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. SONY, ITS AFFILIATES,
ITS THIRD PARTY LICENSORS, AND ITS THIRD
PARTY PROVIDERS DO NOT WARRANT THAT THE
SONY SOFTWARE OR ACCOMPANYING
DOCUMENTATION, THE SERVICES, OR THE
CONTENT WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE SONY SOFTWARE,
THE SERVICES, OR THE CONTENT WILL BE
UNINTERRUPTED OR ERROR FREE.
FURTHERMORE, SONY, ITS AFFILIATES, ITS
THIRD PARTY LICENSORS, AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS OR CONDITIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE
SONY SOFTWARE, THE SERVICES OR THE
CONTENT IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY SONY, ITS AFFILIATES, OR A SONY
AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY OR CONDITION, OR IN ANY WAY
CHANGE THIS EXCLUSION OF WARRANTY AND
CONDITION. SHOULD THE SOFTWARE, MEDIA ON
WHICH THE SOFTWARE IS FURNISHED,
DOCUMENTATION, THE SERVICES, OR THE
CONTENT PROVE DEFECTIVE, YOU (AND NOT
SONY OR A SONY AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL SONY (INCLUDING BUT NOT
LIMITED TO ANY NEGLIGENCE ISSUES RELATED
TO THIRD PARTY LICENSORS OR THIRD PARTY
PROVIDERS), ITS AFFILIATES, ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE
LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO
COMPENSATION, REIMBURSEMENT OR
DAMAGES IN CONNECTION WITH, ARISING OUT
OF OR RELATING TO THIS EULA, ON ACCOUNT OF
THE LOSS OF USE OF THE SONY PRODUCT,
DOCUMENTATION, THE SERVICES, THE
CONTENT, DOWN TIME AND YOUR TIME, LOSS OF
PRESENT OR PROSPECTIVE PROFITS, LOSS OF
DATA, INFORMATION OF ANY KIND, BUSINESS
PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR
ANY OTHER REASON WHATSOEVER, EVEN IF
SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS, OR ITS THIRD PARTY PROVIDERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE SONY SOFTWARE AND
ACCOMPANYING DOCUMENTATION, THE
SERVICES, AND THE CONTENT ARE FURNISHED
TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS
AFFILIATES, ITS THIRD PARTY LICENSORS, AND
ITS THIRD PARTY PROVIDERS WILL NOT BE
LIABLE FOR DAMAGES FOR BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY OR
CONDITION, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL THEORY RELATED TO THE SONY

SOFTWARE, THE SERVICES, THE CONTENT, OR
THIS EULA.

Some jurisdictions may not allow exclusions or limitations
of incidental or consequential damages, exclusions or
limitations of implied warranties or conditions, or allow
limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you.

LIMITED WARRANTY ON MEDIA

In situations where the Sony Software or any part thereof
is furnished on media, Sony warrants that for a period of
ninety (90) days from the date of its delivery to you, the
media on which the Sony Software is furnished to you will
be free from defects in materials 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. ANY IMPLIED
WARRANTIES OR CONDITIONS ON THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND/OR 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 WHICH VARY FROM JURISDICTION TO
JURISDICTION.

FEES

Sony and its Third Party Providers reserve the right at any
time to charge fees for access to new Content or new
Services or to portions of the existing Content or Services,
or the Services as a whole. In addition, Third Party
Providers may charge fees for access to their Content. In
no event will you be charged for access to any portion or
all of the Content and/or the Services unless Sony and/or a
Third Party Provider obtain your prior agreement to pay
such charges. If you do not consent to such charges,
however, you may not have access to paid Content or
Services for which such charges apply.

INTELLECTUAL PROPERTY /
NOTICE FOR CLAIMS OF
INTELLECTUAL PROPERTY
VIOLATIONS AND AGENT FOR
NOTICE

Sony respects the intellectual property rights of others, and
we ask you to do the same. It is Sony’s policy, at its
discretion as appropriate, (a) to terminate and/or disable
the Content of Third Party Providers or users of the
Services who may infringe or repeatedly infringe the
copyrights or other intellectual property rights of Sony, its
Third Party Providers or others; and/or (b) to forward
reports of intellectual property rights violations to Third
Party Providers and others for review and action per the
terms of such Third Party Provider’s procedures for
protection of intellectual property rights. The Sony
Software and Content are protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties. There may be proprietary
logos, service marks, trademarks, likenesses, and trade
names found in the Sony Software, the Content, or on the
Services. By making the Sony Software and Content
available on the Services, Sony and the Third Party

Advertising