Sony HDR-XR260V Operating Guide - Page 89

photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by SONY, licensors and suppliers to SONY and their respective affiliates (such licensors and suppliers to SONY, 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. GOVERNING LAW AND JURISDICTION This LICENSE shall be governed by the laws of Japan without giving effect to its conflict of laws US 89 Others/Index