Sony Software License Agreement
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE SONY SOFTWARE LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE OR THE PRODUCT IN WHICH IT IS INCORPORATED INDICATES USER’S ACCEPTANCE OF THESE LICENSE TERMS. IF THE USER DOES NOT ACCEPT THESE LICENSE TERMS, THE USER SHOULD IMMEDIATELY RETURN THE ENTIRE PRODUCT IN ITS ORIGINAL PACKING IN ORDER TO RECEIVE A FULL REFUND OF THE PURCHASE PRICE.
License and Restrictions
Sony Electronics Inc. (“Sony”) grants User a license to Use one copy of the software which is provided to you as part of this Sony product (“Software”). “Use” means storing, loading, installing, executing or displaying the Software. User may not copy, modify the Software or disable any licensing or control features of the Software. No portion of the Software may be reproduced in any form, or by any means, without prior written permission from Sony. User is not permitted to modify, distribute, publish, transmit or create derivative works of any Software included for any public or commercial purposes. In consideration of this authorization, User agrees that any copy of this Software which User makes shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Sony, its affiliates or any third party licensor. User may not in any way sell, lease, rent, license, sublicense or otherwise distribute the Software. The Software may only be accessed by the functionality of the Sony product in which the Software is incorporated by Sony (the “Product(s)”), and a User shall not intentionally make the Software directly accessible to others or to hardware other than the Products, or otherwise expose an API. Nothing in this Agreement grants User any rights, license or interest with respect to source code of the Software. User shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom, and shall not authorize any third party to do any of the foregoing unless Sony's prior written consent is obtained. Sony may elect to provide to User updates and other support services for the licensed Software. All updates provided to User shall constitute licensed Software under this License, and such updates shall be governed by the terms hereof.
Intellectual Property
The Software is owned and copyrighted by Sony, its affiliates or its third party licensors. User’s license confers no title or ownership in the Software and is not a sale of any rights in the Software. Sony's affiliates and/or third party suppliers may protect their rights directly in the event of any User’s violation of this Agreement. The trademarks, tradenames, Product designation, logos and service marks (“Marks”) displayed with this Software are the property of Sony, its affiliates or third party licensors, and User shall acquire no rights of any kind in or to any Mark under which the Software and/or Products are marketed. User is not permitted to use these Marks without the prior written consent of Sony, its affiliates or the applicable third party licensor which may own the Mark. “Sony” is a registered trademark of Sony Corporation. User agrees not to remove, alter or destroy any patent, trademark or copyright markings or notices placed upon or contained within the Software, User Manuals or documentation. User further agrees to insert and maintain with the Software and any documentation a copyright notice in User’s name.
Termination
User’s license will automatically terminate upon any transfer of the Product. Upon transfer, User must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer. Otherwise, Sony does not authorize the transfer and the User and transferee will be in violation of this Agreement should
the transferee use the Product. This license will automatically terminate upon User’s failure to comply with any of these License Terms. Upon termination, User must stop using the Product and immediately destroy the Software, together with all copies, adaptations and merged portions in any form and/or return it to Sony.
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.
