Sony COM-2 User Manual

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COM-2.US.3-213-855-11(1)

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13. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL WE, OUR PARENT, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,

CONTRACTORS, , LICENSORS, SUPPLIERS, AGENTS OR DISTRIBUTORS

(COLLECTIVELY, THE “AOL GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT

OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR

INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS

OF DATA, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY

THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY

(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION

AND LIMITATION MAY NOT APPLY TO YOU.

14. IMPORT/EXPORT CONTROL. The Software is subject to export and import laws,

regulations, rules and orders of the United States and foreign nations. You must comply

with these laws that apply to the Software. You may not directly or indirectly export, re-

export, transfer, or release the Software, any other commodities, software or technology

received from us, or any direct product thereof, for any proscribed end-use, or to any

proscribed country, entity or person (wherever located), without proper authorization

from the U.S. and/or foreign government.

15. HIGH RISK ACTIVITIES. The 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, in which the failure of the Software could

lead directly to death, personal injury, or severe physical or environmental damage. WE

AND OUR DISTRIBUTORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF

FITNESS FOR HIGH RISK ACTIVITIES AND WE DISCLAIM LIABILITY FOR ANY

CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH

APPLICATIONS.

16. U.S. GOVERNMENT END-USERS. The Software is a “commercial item,” as that

term is defined in 48 C.F.R. § 2.101, consisting of “commercial computer software”

and “commercial computer software documentation,” as such terms are used in 48

C.F.R. § 12.212 (Sept. 1995) and 48 C.F.R. § 227.7202 (June 1995). Consistent with 48

C.F.R. § 12.212, 48 C.F.R. § 27.405(b) (2) (June 1998) and 48 C.F.R. § 227.7202, all U.S.

Government End Users acquire the Software with only those rights as described in this

License.

17. ELECTRONIC NOTICES. YOU AUTHORIZE US OR OUR DISTRIBUTORS TO

PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE

IN ELECTRONIC FORM (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH

A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE

DESIGNATED BY US FOR THIS PURPOSE.

18. INDEMNIFICATION. Upon a request by us, you agree to defend, indemnify, and

hold harmless us and our parent and other affiliated companies, and our respective

employees, contractors, officers, directors, distributors and agents from all liabilities,

AOL SOFTWARE END USER AGREEMENT FOR AIM

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