Sony STR-DN840 Operating Instructions (Large File - 14.22 MB) - Page 126

Exclusion Of Warranty On Sony Software, Limitation Of Liability, Exports, Governing Law, Severability

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EXCLUSION OF WARRANTY ON SONY SOFTWARE You expressly acknowledge and agree that use of the SONY SOFTWARE is at your sole risk. The SONY SOFTWARE is provided "AS IS" and without warranty of any kind, and SONY, its vendors and SONY's licensors (for purposes of this SECTION only, collectively, "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY SOFTWARE ARE FREE FROM ERRORS OR BUGS OR WILL MEET YOUR REQUIREMENT, AND SONY DOES NOT WARRANT THAT THE OPERATION OF THE SONY SOFTWARE WILL BE CORRECTED. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSION WOULD NOT APPLY TO YOU. Without limiting any of the foregoing, it is specifically provided that the SONY SOFTWARE is not designed or intended for use on any product other than the PRODUCT. SONY provides no warranty that any product, software, content or data created by you or a third party will not be damaged by the SONY SOFTWARE. LIMITATION OF LIABILITY SONY, ITS SUPPLIERS AND SONY'S LICENSOR'S (for purposes of this SECTION ONLY, collectively, "SONY") SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE SONY SOFTWARE ARISING FROM OR BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. 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 USER'S TIME, REGARDLESS OF WHETHER SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SONY'S ENTIRE LIABILITY TO YOU UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE SONY SOFTWARE. EXPORTS If you use or transfer the SONY SOFTWARE in or to a country other than your country of residence, you shall comply with applicable laws and regulations relating to exports, imports and customs. GOVERNING LAW This EULA shall be construed, governed, interpreted and applied in accordance with the laws of Japan, without regards to any conflict of laws provisions. Any dispute arising out of this EULA shall be subject to the exclusive venue and jurisdiction of the courts in Tokyo, Japan, and you and SONY hereby consent to the venue and jurisdiction of such courts. YOU AND SONY WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. SEVERABILITY If any part of this EULA is held invalid or unenforceable, other parts will remain valid. Should you have any questions in connection with this EULA or the limited warranty provided hereunder, you may contact SONY by writing to SONY at the designated contact address mentioned in the warranty card included in the product package. 126US

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126
US
EXCLUSION OF WARRANTY ON SONY SOFTWARE
You expressly acknowledge and agree that use of the SONY SOFTWARE is at your sole risk. The
SONY SOFTWARE is provided “AS IS” and without warranty of any kind, and SONY, its vendors and
SONY’s licensors (for purposes of this SECTION only, collectively, “SONY”) EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY
SOFTWARE ARE FREE FROM ERRORS OR BUGS OR WILL MEET YOUR REQUIREMENT,
AND SONY DOES NOT WARRANT THAT THE OPERATION OF THE SONY SOFTWARE
WILL BE CORRECTED. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSION
WOULD NOT APPLY TO YOU.
Without limiting any of the foregoing, it is specifically provided that the SONY SOFTWARE is not
designed or intended for use on any product other than the PRODUCT. SONY provides no warranty
that any product, software, content or data created by you or a third party will not be damaged by the
SONY SOFTWARE.
LIMITATION OF LIABILITY
SONY, ITS SUPPLIERS AND SONY’S LICENSOR’S (for purposes of this SECTION ONLY,
collectively, “SONY”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES RELATING TO THE SONY SOFTWARE ARISING FROM OR BASED ON BREACH
OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER LEGAL THEORY. 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 USER’S
TIME, REGARDLESS OF WHETHER SONY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, SONY’S ENTIRE LIABILITY TO YOU UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
ALLOCABLE TO THE SONY SOFTWARE.
EXPORTS
If you use or transfer the SONY SOFTWARE in or to a country other than your country of residence,
you shall comply with applicable laws and regulations relating to exports, imports and customs.
GOVERNING LAW
This EULA shall be construed, governed, interpreted and applied in accordance with the laws of Japan,
without regards to any conflict of laws provisions. Any dispute arising out of this EULA shall be
subject to the exclusive venue and jurisdiction of the courts in Tokyo, Japan, and you and SONY hereby
consent to the venue and jurisdiction of such courts. YOU AND SONY WAIVE THE RIGHT TO
TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO
THIS EULA.
SEVERABILITY
If any part of this EULA is held invalid or unenforceable, other parts will remain valid.
Should you have any questions in connection with this EULA or the limited warranty provided
hereunder, you may contact SONY by writing to SONY at the designated contact address mentioned in
the warranty card included in the product package.