References

END-USER LICENSE AGREEMENT FOR SOFTWARE INCLUDED WITH YOUR SONY HIGH-DEFINITION DIGITAL VIDEO RECORDER

YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THE SOFTWARE INCLUDED WITH THE HIGH-DEFINITION DIGITAL VIDEO RECORDER (“HD DVR”) PRODUCT. USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE AGREEMENT.

The following software modules included with the HD DVR product is not subject to this EULA:

MontaVista Linux Kernel binutils

busybox

Freetype2 font engine gnu privacy guard (gpg) xfs

xfsprogs libgcc libc libstdc++ libm

(the “Excluded Modules”). Please refer to the supplement titled “Open Source and 3rd Party Software” for terms and conditions governing the use of the Excluded Modules, and for other notices and provisions relating to certain third party modules included with the SONY SOFTWARE.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and Sony Electronics Inc. ("SONY"), the licensor of the software (other than the Excluded Modules) included with the SONY HD DVR product and related materials ("SONY SOFTWARE"). This EULA covers the SONY SOFTWARE. The SONY SOFTWARE includes computer software, whether stored on any media or downloaded from a designated site of SONY for SONY SOFTWARE users, the associated media, any printed materials, and any "on-line" or electronic documentation and all updates and upgrades thereto. You may use the SONY SOFTWARE solely in conjunction with the SONY HD DVR product that accompanied the SONY SOFTWARE. By installing, copying or otherwise using the SONY SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, SONY is unwilling to license the SONY SOFTWARE to you. In such

event, you may not use or copy the SONY SOFTWARE.

SONY SOFTWARE LICENSE

The SONY SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SONY SOFTWARE is licensed, not sold.

GRANT OF LICENSE. This License grants you the following right:

Use of SONY SOFTWARE. You may use the SONY SOFTWARE in conjunction with the SONY HD DVR. You may install appropriate elements of the SONY SOFTWARE on personal computers that are networked to the SONY HD DVR for use solely with the SONY HD DVR.

Back-up Copy. You may make one back-up copy of SONY SOFTWARE solely for archival purposes.

DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS

Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SONY SOFTWARE in whole or in part.

Separation of Components. The SONY SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly authorized by Sony.

Data Files. The SONY SOFTWARE may create data files automatically for use with the SONY SOFTWARE. Any such data files will be deemed as part of the

SONY SOFTWARE.

Rental. You may not rent or lease the SONY SOFTWARE.

Software Transfer. You may permanently transfer all of your rights under this EULA only as part of a sale or transfer of SONY SOFTWARE accompanying the sale or transfer of the SONY HD DVR that it is used with, provided you retain

no copies, transfer all of the SONY SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades of the SONY SOFTWARE and this EULA), and the recipient agrees to the terms of this EULA .

Termination. Without prejudice to any other rights, SONY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SONY SOFTWARE and all of its component parts.

Confidentiality. You agree to keep information contained in SONY SOFTWARE which is not publicly known confidential to yourself, and not to disclose such information to others without SONY's prior written approval.

Dependent Software. The software, network services or other products other than SONY SOFTWARE upon which the SONY SOFTWARE's performance depends on might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or Sony). Sony and its suppliers do not warrant that those software, network services or other products will continue to be available, or will operate without interruption or modification.

COPYRIGHT

All title and copyright in and to the SONY SOFTWARE (including but limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SONY SOFTWARE), and any copies of the SONY SOFTWARE, are owned by SONY or its suppliers. All rights not specifically granted under this EULA are reserved by SONY.

HIGH RISK ACTIVITIES

The SONY SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SONY SOFTWARE could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SONY and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS

SONY SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restriction as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sony Electronics Inc., 16450 West Bernardo Drive, San Diego, CA 92127.

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 and SONY's licensors (hereinafter, SONY and SONY's licensor's shall be collectively referred to as "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 WILL MEET YOUR REQUIREMENTS, OR 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. SHOULD THE SONY SOFTWARE PROVE DEFECTIVE YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

HEREINAFTER, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSOR'S SHALL BE COLLECTIVELY REFERRED TO AS "SONY", SONY SHALL NOT BE

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