4
Export Requirements and U.S.
Government Restricted Rights
User may not export or re-export the Software or
any copy or adaptation in violation of any
applicable laws or regulations. The Software and
documentation have been developed entirely at
private expense and are provided as
"Commercial Computer Software - Restricted
Rights" in accordance with FAR 52.227-19 (1987)
or limited rights in technical data in accordance
with FAR 52.227-14 (1987). User has only those
rights provided for such Software and
documentation by the applicable FAR or DFARS
clause or this Sony Software License Agreement.
Limited Warranty
Sony warrants to User that the Software will not
fail to execute its programming instructions due
to defects in material and workmanship for a
period equal to the warranty period provided for
the Product when properly installed and used.
Warranty does not apply to defects resulting from
(a) improper or inadequate maintenance, (b)
software, interfacing, parts or supplies not
supplied by Sony, (c) unauthorized modification
of the Software or the Product, or (d) improper
site preparation or maintenance. If Sony receives
notice of a covered defect(s) during the warranty
period, Sony will replace Software that does not
execute its programming instructions due to such
defect(s). Sony does not warrant that the
operation of the Software and/or Product will be
uninterrupted or error free. If Sony is unable,
within a reasonable time, to repair or replace any
Software to a condition as warranted, User shall
be entitled to a refund of the purchase price upon
prompt return of the Product.
EXCEPT AS SPECIFICALLY STATED ABOVE,
THE SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY AND SONY, IT S
AFFILIATES AND ITS THIRD PARTY
LICENSORS DISCLAIM ANY IMPLIED
WARRANTY OF NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE REMEDIES IN
THIS WARRANTY STATEMENT ARE USER’S
SOLE AND EXCLUSIVE REMEDIES. EXCEPT
AS INDICATED ABOVE, IN NO EVENT WILL
SONY, ITS AFFILIATES OR ANY OF ITS THIRD
PARTY LICENSORS BE LIABLE FOR LOSS OF
DATA OR FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT), EXEMPLARY, OR
OTHER DAMAGE, WHETHER BASED IN
CONTRACT, TORT, OR OTHERWISE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL SONY OR ANY OF ITS
AFFILIATES OR THIRD PARTY LICENSOR’S
LIABILITY UNDER AGREEMENT, WHETHER
IN CONTRACT, TORT OR OTHERWISE,
EXCEED THE COST OF THE PRODUCT
.
General
This Agreement shall be deemed to have been
made and executed in the State of California and
both parties agree that any dispute arising
hereunder related to this Agreement or the
Product will be governed by laws of the State of
California, exclusive of its conflicts of law
principles and that the courts in the County of
San Diego, California will have exclusive
jurisdiction over all such disputes. FURTHER
THE PARTIES HEREBY WAIVE TRIAL BY JURY
IN CONNECTION WITH ANY ACTION OR
SUIT ARISING UNDER THIS AGREEMENT OR
OTHERWISE ARISING FROM THE
RELATIONSHIP BETWEEN THE PARTIES
HERETO. This Agreement shall be binding upon
the parties’ authorized successor and assignees.
Neither party’s waiver of any breach or failure to
enforce any of the provisions of this Agreement at
any time shall in any way affect, limit or waive
such party’s right thereafter to enforce and
compel strict compliance with every other
provision. No modification of this Agreement
shall be effective unless in writing signed by both
parties.
