Sony SA-NS310 User Manual

Page 52

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COPYRIGHT

All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video,
audio, music, text and “applets”, incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by
SONY, SONY’s affiliates or their suppliers. All rights not specifically granted under this LICENSE are reserved by SONY.

USE OF SOFTWARE WITH COPYRIGHTED MATERIALS

The SOFTWARE may be capable of being used by you to store, process and use content created by you and third parties.
Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the
SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that SONY may
take appropriate measures to protect copyright of content stored, processed or used by the SOFTWARE. Such measures
include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features,
refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this
LICENSE in the event of your use of the SOFTWARE in violation of this LICENSE or applicable laws, rules or regulations.

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, 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 SOFTWARE could lead to death, personal injury, or severe physical or environmental damage (“High Risk
Activities”). SONY, SONY’s affiliates and each of their suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.

LIMITED WARRANTY ON CD-ROM/DVD-ROM MEDIA

In situations where the SOFTWARE is furnished on CD-ROM/DVD-ROM media, SONY warrants, for a period of ninety
(90) days from the date of its delivery to you, the CD-ROM/DVD-ROM media against 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 CD-ROM/DVD-ROM 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 CD-ROM/DVD-ROM media
is within the warranty period). SONY will have no responsibility to replace CD-ROM/DVD-ROM media damaged by
accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE CD-ROM/DVD-ROM MEDIA, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY 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 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.

EXCLUSION OF WARRANTY ON SOFTWARE

You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE is provided “AS IS”
and without warranty of any kind and SONY, SONY’s affiliates and their licensors (in this section, SONY, its affiliates and
their licensors shall be collectively referred to as “SONY”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SOFTWARE WILL BE ERROR FREE. SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE 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 IN ANY WAY
INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SHOULD THE 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, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Without limiting the foregoing, you expressly understand that any other computer hardware, software, or data could be
damaged by installing or using the SOFTWARE on your computer and that SONY is not responsible for any such damage.
You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk and you are responsible for installation
of the SOFTWARE and use of the SOFTWARE with your PRODUCT.

LIMITATION OF LIABILITY

SONY, (IN THIS SECTION, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE
COLLECTIVELY REFERRED TO AS “SONY”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL 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 THE PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PRODUCT OR ANY ASSOCIATED
HARDWARE, DOWN TIME AND USER'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

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