Sony PCV-MXS20 Getting Started Guide - Page 5

Limitation Of Liability, Governing Law And, Jurisdiction, Jury Trial, Waiver - service

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OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SONY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY SONY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT AND SONY SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND PURCHASER'S TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY TO SONY, UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER This agreement shall be governed by the laws of the State of California, United States of America, without regards to conflict of laws provisions. Any dispute arising out of this Agreement shall be subject to the exclusive venue of the state and federal courts of Santa Clara County, California, and the parties hereby consent to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT. If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid. Should you have any questions concerning this license or this limited warranty, you may contact SONY by writing to SONY at Sony Technical Response Center, 12451 Gateway Boulevard, Fort Myers, Florida 33913. 5

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5
OR WRITTEN INFORMATION OR ADVICE
GIVEN BY SONY OR A SONY
AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR CONDITION
OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. SHOULD THE SONY
SOFTWARE PROVE DEFECTIVE, YOU
(AND NOT SONY OR A SONY
AUTHORIZED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR CONDITIONS,
SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
LIMITATION OF LIABILITY
SONY SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES FOR
BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY OR CONDITION, BREACH OF
CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL
THEORY RELATED TO THIS PRODUCT
AND SONY SOFTWARE.
SUCH
DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF
REVENUE, LOSS OF DATA, LOSS OF USE
OF THE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, DOWN TIME AND
PURCHASER’S TIME, EVEN IF SONY HAS
BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, THE
ENTIRE LIABILITY TO SONY, UNDER
ANY PROVISION OF THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU ALLOCABLE
TO THE SONY SOFTWARE. SOME
JURISDICTION DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF
CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
GOVERNING LAW AND
JURISDICTION, JURY TRIAL
WAIVER
This agreement shall be governed by the laws
of the State of California, United States of
America, without regards to conflict of laws
provisions. Any dispute arising out of this
Agreement shall be subject to the exclusive
venue of the state and federal courts of Santa
Clara County, California, and the parties hereby
consent to the venue and jurisdiction of such
courts. THE PARTIES HERETO WAIVE
TRIAL BY JURY WITH RESPECT TO ANY
MATTERS ARISING UNDER OR
RELATING TO THIS AGREEMENT.
If any part of this Agreement is held invalid or
unenforceable, the other parts will remain valid.
Should you have any questions concerning this
license or this limited warranty, you may
contact SONY by writing to SONY at Sony
Technical Response Center, 12451 Gateway
Boulevard, Fort Myers, Florida 33913.