GB
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
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.
