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.

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