Sony HDR-PJ790V Operating Guide - Page 70

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 GB 70 provisions or the United Nations Convention for Contracts for the International Sale of Goods, which is expressly excluded. Any dispute arising out of this LICENSE shall be subject to the exclusive venue of the Tokyo District Court, and the parties hereby consent to the venue and jurisdiction of such court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE RIGHT OF TRIAL BY JURY, IN SUCH CASE THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ENTIRE AGREEMENT These terms and conditions constitute the entire agreement between SONY and you pertaining to the subject matter hereof, and supersedes in their entirety any and all previously existing written or oral agreements between us with respect to such subject matter. GOVERNMENT END USERS If the SOFTWARE is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, such SOFTWARE is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with this LICENSE, and such SOFTWARE delivered or otherwise furnished shall be provided with the following "Notice of Use" and shall be treated in accordance with such notice: NOTICE OF USE CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: SONY CORPORATION CONTRACTOR (MANUFACTURER/ SUPPLIER) ADDRESS: 1-7-1 Konan, Minato- ku, Tokyo, Japan These SOFTWARE are commercial items as defined in FAR 2.101 and are subject to the END-USER LICENSE AGREEMENT FOR MAP DATA FOR VIDEO CAMERA RECORDER PRODUCTS under which this SOFTWARE was provided. If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify SONY prior to seeking additional or alternative rights in the Software.