Sony VGF-CP1 Operating Instructions - Page 81

Limitation Of Liability, Software Data Collection And Monitoring, Automatic Update Feature - pdf

Page 81 highlights

LIMITATION OF LIABILITY IN THIS SECTION, SONY AND SONY'S LICENSOR'S SHALL BE COLLECTIVELY REFERRED TO AS "SONY." SONY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THIS DEVICE. 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, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOFTWARE DATA COLLECTION AND MONITORING The SOFTWARE contains features which may allow SONY and/or third parties to collect data from, control and/or monitor the DEVICE and other devices running or interacting with the SOFTWARE. You hereby consent to such activities. SONY's current privacy policy is located at http://products.sel.sony.com/SEL/ legal/privacy.pdf. Please contact applicable third parties for privacy policies related to their software and services. AUTOMATIC UPDATE FEATURE From time to time, SONY or third parties may automatically update or otherwise modify the SOFTWARE, for example, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such activities may occur at SONY's sole discretion and that SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER This License 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 License shall be subject to the exclusive venue of the state and federal courts of San Diego 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 LICENSE. SEVERABILITY If any part of this License is held invalid or unenforceable, the other parts will remain valid. 81

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81
LIMITATION OF LIABILITY
IN THIS SECTION, SONY AND SONY’S LICENSOR’S SHALL BE COLLECTIVELY REFERRED TO AS “SONY.” SONY
SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THIS DEVICE. 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, SONY’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU ALLOCABLE TO
THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF
DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
SOFTWARE DATA COLLECTION AND MONITORING
The SOFTWARE contains features which may allow SONY and/or third parties to collect data from, control
and/or monitor the DEVICE and other devices running or interacting with the SOFTWARE. You hereby
consent to such activities. SONY’s current privacy policy is located at http://products.sel.sony.com/SEL/
legal/privacy.pdf. Please contact applicable third parties for privacy policies related to their software and
services.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or third parties may automatically update or otherwise modify the SOFTWARE, for
example, but not limited to, for purposes of enhancement of security functions, error correction and
improvement of functions. Such updates or modifications may delete or change the nature of features or
other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such
activities may occur at SONY’s sole discretion and that SONY may condition continued use of the
SOFTWARE upon your complete installation or acceptance of such update or modifications.
GOVERNING LAW AND JURISDICTION, JURY TRIAL WAIVER
This License 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 License shall be subject to the exclusive
venue of the state and federal courts of San Diego 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 LICENSE.
SEVERABILITY
If any part of this License is held invalid or unenforceable, the other parts will remain valid.