Sony KDL40EX640 End User License Agreement - Page 7

Us Government Restricted Rights, Jury Trial Waiver, Entire Agreement, Notice, Waiver, Severability, - settings

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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 252.2277013 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 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. 

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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 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.