Sony COM-2 User Manual
Page 213
COM-2.US.3-213-855-11(1)
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WARRANTY, either express or implied, including, without limitation, the
warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY
constitutes an essential part of this License. No license to Original Work is granted
hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether
in tort (including negligence), contract, or otherwise, shall the Licensor be liable to
any person for any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or the use of the Original Work
including, without limitation, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses. This limitation of liability shall not apply to liability for death or personal
injury resulting from Licensor’s negligence to the extent applicable law prohibits
such limitation. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so this exclusion and limitation may not apply
to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a
Derivative Work, You must make a reasonable effort under the circumstances to
obtain the express assent of recipients to the terms of this License. Nothing else but
this License (or another written agreement between Licensor and You) grants You
permission to create Derivative Works based upon the Original Work or to exercise
any of the rights granted in Section 1 herein, and any attempt to do so except under
the terms of this License (or another written agreement between Licensor and You)
is expressly prohibited by U.S. copyright law, the equivalent laws of other countries,
and by international treaty. Therefore, by exercising any of the rights granted to You
in Section 1 herein, You indicate Your acceptance of this License and all of its terms
and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You
may no longer exercise any of the rights granted to You by this License as of the date
You commence an action, including a cross-claim or counterclaim, against Licensor
or any licensee alleging that the Original Work infringes a patent. This termination
provision shall not apply for an action alleging patent infringement by combinations
of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License
may be brought only in the courts of a jurisdiction wherein the Licensor resides or
in which Licensor conducts its primary business, and under the laws of that
jurisdiction excluding its conflict-of-law provisions. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. Any use of the Original Work outside the scope of this License or after its
termination shall be subject to the requirements and penalties of the U.S. Copyright
Act, 17 U.S.C. § § 101 et seq., the equivalent laws of other countries, and
international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking
damages relating thereto, the prevailing party shall be entitled to recover its costs
and expenses, including, without limitation, reasonable attorneys’ fees and costs
incurred in connection with such action, including any appeal of such action. This
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