Sony DPT-S1 - Manual (Page 9)

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and restoration through
certain SOFTWARE features,
refusal to accept your
request to enable restoration
of data, and termination of
this EULA in the event of
your illegitimate use of the
SOFTWARE.
CONTENT SERVICE
THE SOFTWARE MAY BE
USED WITH CONTENT WHICH
MAY BE AVAILABLE
THROUGH AN ASSOCIATED
CONTENT SERVICE
(“CONTENT SERVICE”). USE
OF A CONTENT SERVICE AND
ANY CONTENT THEREFROM
IS SUBJECT TO THE TERMS OF
SERVICE OF THAT CONTENT
SERVICE. IF YOU DECLINE TO
ACCEPT THOSE TERMS, YOUR
USE OF THE SOFTWARE WILL
BE LIMITED. USE OF A
CONTENT SERVICE MAY
REQUIRE A WI-FI INTERNET
CONNECTION. YOU ARE
SOLELY RESPONSIBLE FOR
ANY INTERNET CONNECTION
AND ANY FEES ASSOCIATED
THEREWITH.
EXPORT AND OTHER
REGULATIONS
You agree to comply with all
export and re-export
restrictions and regulations
of the Department of
Commerce and other United
States agencies and
authorities, and not to
transfer, or authorize the
transfer, of the SOFTWARE to
a prohibited country or
otherwise in violation of any
such restrictions or
regulations.
U.S. GOVERNMENT
RESTRICTED RIGHTS
Use, duplication, or
disclosure by the United
States Government is subject
to restriction as set forth in
subparagraph (c) (1) and (2)
of the Commercial Computer
Software-Restricted Rights at
48 C.F.R. § 52.227-19, as
applicable. The manufacturer
for purposes of this section is
Sony Electronics Inc., 16530
Via Esprillo, San Diego, CA
92127.
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, each of the THIRD
PARTY SUPPLIERS, and each
of their respective affiliates
specifically disclaim any
express or implied warranty,
duty or condition of fitness
for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY
ON SOFTWARE
You expressly acknowledge
and agree that use of the
SOFTWARE is at your sole risk
and that you are responsible
for use of the SOFTWARE.
The SOFTWARE is provided
“AS IS,” without warranty,
duty or condition of any kind,
and is designed to be used in
connection with the
PRODUCT as described in
this EULA and the
DOCUMENTATION.
SONY AND EACH OF THE
THIRD-PARTY SUPPLIERS
AND EACH OF THEIR
RESPECTIVE AFFILIATES (for
purposes of this Section,
SONY and SONY’s licensors
shall be collectively referred
to as “SONY”) EXPRESSLY
DISCLAIM ALL WARRANTIES,
DUTIES OR CONDITIONS,
EXPRESS OR IMPLIED,
INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY,
NONINFRINGEMENT AND
FITNESS FOR A PARTICULAR
PURPOSE.
SONY DOES NOT WARRANT
OR MAKE ANY CONDITIONS
OR REPRESENTATIONS (A)
THAT THE FUNCTIONS
CONTAINED IN ANY OF THE
SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THEY WILL BE UPDATED, (B)
THAT THE OPERATION OF
ANY OF THE SOFTWARE WILL
BE CORRECT OR ERROR-FREE
OR THAT ANY DEFECTS WILL
BE CORRECTED, (C) THAT THE
SOFTWARE WILL NOT
DAMAGE ANY OTHER
SOFTWARE, COMPUTER
HARDWARE OR DATA,(D)
THAT ANY SOFTWARE,
NETWORK SERVICES
(INCLUDING THE INTERNET)
OR PRODUCTS (OTHER THAN
THE SOFTWARE) UPON
WHICH THE SOFTWARE’S
PERFORMANCE DEPENDS
WILL CONTINUE TO BE
AVAILABLE, UNINTERRUPTED
OR UNMODIFIED, AND (E)
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 AN
AUTHORIZED
REPRESENTATIVE OF SONY
SHALL CREATE A WARRANTY,
DUTY OR CONDITION OR IN
ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE
PROVE DEFECTIVE YOU
ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO
THESE EXCLUSIONS MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY
SONY, EACH OF THE THIRD-
PARTY SUPPLIERS AND EACH
OF THEIR RESPECTIVE
AFFILIATES (for purposes of
this Section, SONY and
SONY’s 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 UNDER
ANY OTHER LEGAL THEORY
RELATED TO THE PRODUCT
OR ANY OF THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES
ARISING OUT OF LOSS OF
PROFITS, LOSS OF REVENUE,
LOSS OF DATA, LOSS OF USE
OF THE PRODUCT OR ANY
ASSOCIATED HARDWARE,
DOWN TIME AND USER’S
TIME, EVEN IF ANY OF THEM
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES.
IN ANY CASE, EACH AND ALL
OF THEIR AGGREGATE
LIABILITY UNDER ANY
PROVISION OF THIS EULA
SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID
FOR THE PRODUCT. SOME
JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION
MAY NOT APPLY TO YOU.
CONSENT TO USE OF
NON-PERSONAL
INFORMATION, LOCATION
DATA, DATA SECURITY
You agree that SONY and its
affiliates, partners and
agents may read, collect,
transfer, process and store
certain information from the
PRODUCT and the
SOFTWARE, including but not
limited to information about
the PRODUCT, the SOFTWARE
and the software
applications and peripheral
devices that interact with the
PRODUCT and the
SOFTWARE (“Information”).
Information includes, but is
not limited to: (1) unique
identifiers relating to your
PRODUCT and its
components; (2)
performance of the
PRODUCT, the SOFTWARE
and their components; (3)
configurations of your
PRODUCT, the SOFTWARE
and the software
applications and peripheral
devices that interact with the
PRODUCT and the
SOFTWARE; (4) use and
frequency of use of the
functions of the PRODUCT,
the SOFTWARE, and the
software applications and
peripheral devices that
interact with the PRODUCT