Sony DPT-S1 Startup Guide - Page 9

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 THIRDPARTY 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 9