Sony BDV-E870 Flyer/Addendum - Page 5
Restrictions On Export
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SONY CONTENT IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony may take any legal and technical remedies to prevent violation of and/or to enforce this EULA, including, without limitation, immediate termination of your access to the Services, if Sony believes in its discretion that you are violating this EULA. HIGH RISK ACTIVITIES The 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 the Sony Software could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SONY, EACH OF THE THIRD PARTY LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH RISK ACTIVITIES. RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY The Sony Software and the Content may contain encryption technology. You acknowledge that any export of Sony Software or the Content containing encryption technology from the United States or subsequent re-export of such software by a person located outside of the United States requires a license or other authorization from the U.S. Department of Commerce's Bureau of Industry and Security. You further acknowledge that the Sony Software or the Content containing encryption technology and acquired from Sony is not intended for use by a foreign government end user. By accepting this license agreement, you agree to abide by all relevant U.S. export laws and regulations in the purchase and use of the Sony Product being acquired, including but not limited to those regulations relating to the export control of cryptographic items and not to transfer, or authorize the transfer, of the Sony Software or the Content to a prohibited country or otherwise in violation of any such restrictions or regulations. US GOVERNMENT RESTRICTED RIGHTS The Sony Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software clause at FAR 52.227 19, and subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DOD FAR 252.227-7013 and any comparable federal, state or local law or regulation. Manufacturer is Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127. JURY TRIAL WAIVER THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. Any cause of action you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY This EULA, the limited warranty accompanying the Sony Product, Sony's then-current privacy policy, and any additional terms and conditions posted on the Services, together constitute the entire agreement between you and Sony with respect to the Sony Product, the Sony Software, the Services, and the Content. Any notice by Sony hereunder may be made by letter, e-mail, or posting on the Services. The failure of Sony to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any part of this EULA is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this EULA, and the other parts will remain in full force and effect. THIRD PARTY BENEFICIARIES Each Third Party Licensor and each Third Party Provider is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this EULA with respect to the software, service, and content, as applicable, of such party. EXCLUDED SOFTWARE Excluded Software included in the Sony Product is not subject to this EULA. Please refer to the section of this booklet entitled "Notices and Licenses for Excluded Software Used in this product" for a list of the applicable software and terms and conditions governing the use of such Excluded Software. TERM This EULA is effective until terminated. Sony may terminate this EULA immediately if you fail to comply with its terms by giving you notice. In such event, you must destroy the Sony Software and accompanying documentation, and all copies you have made of them. In addition, upon termination you will have no recourse against Sony, its affiliates, its Third Party Licensors, or its Third Party Providers for your inability to use the Sony Software or the accompanying documentation, the Services, or the Content. Should you have any questions concerning this EULA, you may contact Sony by writing to Sony Electronics Inc. 16530 Via Esprillo, San Diego, California 92127 U.S.A . Si vous avez des questions concernant ce CLU, vous pouvez communiquer avec Sony en écrivant à Sony Electronics Inc. A 16530 Via Esprillo, San Diego, Californie 92127 É.-U. 5