High risk activities, Exclusion of warranty on software, Limitation of liability – Sony HDR-TD30V User Manual

Page 75: Prohibition on export, Severability

Advertising
background image



US

O

thers/I

nde
x

together with their respective affiliates, are hereinafter

collectively referred to as “SONY’s Licensors”). All

rights not specifically granted under this LICENSE

are reserved by SONY or SONY’s Licensors.

HIGH RISK ACTIVITIES

The SOFTWARE is not fault-tolerant and is not

designed, manufactured or intended for use

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, its affiliates, their respective

suppliers and SONY’s Licensors specifically disclaim

any express or implied warranty 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. The SOFTWARE

is provided “AS IS” and without warranty of any

kind and SONY, its affiliates, its and their respective

suppliers and SONY’s Licensors (in this section,

SONY, its affiliates, their respective suppliers and

SONY’s Licensors shall be collectively referred

to as “SONY”) EXPRESSLY DISCLAIMS ALL

WARRANTIES AND CONDITIONS, EXPRESS OR

IMPLIED, ARISING BY LAW OR OTHERWISE,

INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES AND CONDITIONS

OF QUALITY, 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 UNINTERRUPTED OR

ERROR FREE. SONY DOES NOT WARRANT OR

MAKE ANY REPRESENTATIONS REGARDING

THE USE, INABILITY TO USE OR THE RESULTS

OF THE USE OF THE SOFTWARE IN TERMS OF

ITS CORRECTNESS, ACCURACY, RELIABILITY,

OR OTHERWISE. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, IN SUCH CASE THE ABOVE

EXCLUSIONS MAY NOT APPLY TO YOU.
You expressly understand that the data in the

SOFTWARE may contain inaccurate or incomplete

information due to the passage of time, changing

circumstances, sources used and the nature of

collecting comprehensive geographic data, any of

which may lead to incorrect results.

LIMITATION OF LIABILITY

IN THIS SECTION SONY, ITS AFFILIATES, ITS

AND THEIR RESPECTIVE SUPPLIERS AND

SONY’S LICENSORS SHALL BE COLLECTIVELY

REFERRED TO AS “SONY” TO THE MAXIMUM

EXTENT PERMITTED UNDER APPLICABLE

LAW. SONY SHALL NOT BE LIABLE FOR ANY

CLAIM, DEMAND OR ACTION, IRRESPECTIVE

OF THE NATURE OF THE CAUSE OF CLAIM,

DEMAND OR ACTION, ALLEGING ANY LOSS

OR DAMAGES, DIRECT OR INDIRECT, WHICH

MAY RESULT FROM THE USE OR POSSESSION

OF THE SOFTWARE; NOR FOR ANY LOSS

OF PROFIT, REVENUE, CONTRACTS OR

SAVINGS, NOR ANY OTHER DIRECT, INDIRECT,

INCIDENTAL, SPECIAL OR CONSEQUENTIAL

DAMAGES ARISING OUT OF YOUR USE OF

OR INABILITY TO USE THE SOFTWARE,

ANY DEFECT IN THE SOFTWARE, OR THE

BREACH OF THE TERMS AND CONDITIONS,

WHETHER IN AN ACTION IN CONTRACT

OR TORT OR BASED ON A WARRANTY,

EVEN IF SONY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES EXCEPT IN

THE EVENT OF SONY’S GROSS NEGLIGENCE

OR WILLFUL MISCONDUCT, OF DEATH

OR PERSONAL INJURY, AND OF DAMAGES

DUE TO THE DEFECTIVE NATURE OF THE

PRODUCT. IN ANY CASE, SAVE FOR THE

FOREGOING EXCEPTIONS, SONY’S ENTIRE

LIABILITY UNDER ANY PROVISION OF THIS

LICENSE SHALL BE LIMITED TO THE AMOUNT

ACTUALLY PAID ALLOCATABLE TO THE

SOFTWARE. SOME JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF

CONSEQUENTIAL OR INCIDENTAL DAMAGES,

SO THE ABOVE EXCLUSION OR LIMITATION

MAY NOT APPLY TO YOU.

PROHIBITION ON EXPORT

YOU ACKNOWLEDGE THAT THE USE OF THE

SOFTWARE IN SOME COUNTRIES, REGIONS,

AREAS OR FACILITIES, OR THE EXPORT OF

THE PRODUCTS FROM THE COUNTRY WHERE

SUCH PRODUCTS ARE DESIGNED TO BE SOLD,

MAY BE RESTRICTED OR PROHIBITED. YOU

AGREE TO USE THE SOFTWARE OR EXPORT

THE PRODUCTS IN ACCORDANCE WITH THE

APPLICABLE LAWS, ORDINANCES, RULES AND

REGULATIONS OF RELEVANT COUNTRIES,

REGIONS, AREAS AND FACILITIES.

SEVERABILITY

If any part of this LICENSE is held invalid or

unenforceable, the other parts will remain valid.

Advertising