30
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.