Sony STR-DN1030 EXCLUSION OF WARRANTY ON SONY SOFTWARE, LIMITATION OF LIABILITY, EXPORTS, GOVERNING LAW, SEVERABILITY

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[STR-DN1030]

[4-420-297-14(1)]

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.

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.

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.

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.

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.