Sony COM-1/W License Agreements - Page 3

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 failsafe 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. 3