Exclusions of warranties, Limitation of liability – Sony COM-2BLACK User Manual

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COM-2.US.3-213-856-11(1)

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High Risk Activities

Sony 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 Sony Software could lead to death, personal injury, or

severe physical or environmental damage (“High Risk Activities”). Sony and its licensors

specifically disclaim any express or implied warranty of fitness for High Risk Activities.

Exclusions of Warranties

SONY SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY

KIND, AND DESIGNED SOLELY TO BE USED ON OR IN CONNECTION WITH

THE PRODUCT AS DESCRIBED IN CD-ROM MEDIA AND DOCUMENTATION

EMBEDDED IN THE PRODUCT, AND YOU AGREE TO USE IT AT YOUR OWN

RISK. SONY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE. SONY AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY

REPRESENTATIONS (A) THAT THE FUNCTIONS CONTAINED IN ANY OF SONY

SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THAT THE OPERATION OF

ANY OF SONY SOFTWARE WILL BE CORRECT, (C) THAT SONY SOFTWARE WILL

NOT DAMAGE ANY OTHER SOFTWARE, COMPUTER HARDWARE OR DATA,

(D) REGARDING THE USE OR THE RESULTS OF THE USE OF SONY SOFTWARE

IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR ITS

LICENSORS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE

SCOPE OF THIS WARRANTY. Some states, territories and countries do not allow

certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Limitation of Liability

SONY AND ITS LICENSORS WILL NOT BE LIABLE, AND YOU WILL HAVE NO

REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER,

CONCERNING YOUR USE OF SONY SOFTWARE, REGARDLESS OF LEGAL

THEORY, AND WHETHER ARISING IN TORT OR CONTRACT. IN NO EVENT

WILL SONY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED

TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE

LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY

OTHER REASON WHATSOEVER FOR AND WITH RESPECT TO SONY SOFTWARE.

Some states, territories and countries do not allow certain liability exclusions or damages

limitations, so to that extent the above may not apply to you.

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