Sony DPP-EX50 End-User License Agreement for Sony Software - Page 2

PROHIBITION ON EXPORT. THE SONY SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR CANADA OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY APPLICABLE U.S. OR CANADIAN GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES OR CANADA. BY DOWNLOADING OR USING THE SONY SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON. U.S. GOVERNMENT RESTRICTED RIGHTS. (I) THE SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sony Electronics Inc., One Sony Drive, Park Ridge, New Jersey 07656. (II) All SONY technical data and computer software is commercial in nature and developed solely at private expense. Software is delivered as Commercial Computer Software as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in SONY's standard commercial license for such software. Technical data is provided with limited rights only as provided in DFARS 252.227-7015 (Nov.1995) or FAR 52.227-14 (June 1987), whichever is applicable. LIMITED WARRANTY ON MEDIA. SONY warrants that for a period of ninety (90) days from the date of its delivery to you, the CD-ROM media and Memory Stick media (collectively "MEDIA") on which the back-up copy of the SONY SOFTWARE is furnished to you will be free from defects in material and workmanship under normal use. This limited warranty extends only to you as the original licensee. SON Y's entire liability and your exclusive remedy will be replacement of the MEDIA not meeting SONY's limited warranty and which is returned to SONY with proof of purchase in the form of a bill of sale (which is evidence that the MEDIA is within the warranty period). SONY will have no responsibility to replace MEDIA damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY IN DIFFERENT JURISDICTIONS. 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 OR CONDITIONS OF ANY KIND AND SONY AND SONY'S LICENSORS (HEREINAFTER, SONY AND SONY'S LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR 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 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/or accessories to the PRODUCT, MEDIA, & 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 LICENSEE'S/PURCHASER'S TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTIONS 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: YOU HEREBY AGREE THAT THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND ANY DISPUTE ARISING HEREUNDER SHALL BE RESOLVED IN ACCORDANCE WITH THE LAWS OF CALIFORNIA, EXCEPTING THAT BODY OF LAW RELATING TO CONFLICTS OF LAWS 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.