Sony PXW-X400KC Operating Instructions Manual page 133

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11. Appendix: Specifications
END USER LICENSE AGREEMENT
IMPORTANT:
BEFORE USING THE SOFTWARE CONTAINED IN THE
CAMCORDER, PLEASE READ THIS END USER LICENSE
AGREEMENT ("EULA") CAREFULLY. BY USING THE SOFTWARE
YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO
NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE
THE SOFTWARE.
This EULA is a legal agreement between you and Sony
Corporation ("SONY"). This EULA governs your rights
and obligations regarding the software of SONY and/or
its third party licensors (including SONY's affiliates) and
their respective affiliates (collectively, the "THIRD-PARTY
SUPPLIERS") contained in the camcorder, together with any
updates/ upgrades provided by SONY, any printed, on-line or
other electronic documentation for such software, and any
data files created by operation of such software (collectively,
the "SOFTWARE").
Notwithstanding the foregoing, any software in the
SOFTWARE having a separate end user license agreement
(including, but not limited to, GNU General Public license
and Lesser/Library General Public License) shall be covered
by such applicable separate end user license agreement
in lieu of the terms of this EULA to the extent required by
such separate end user license agreement ("EXCLUDED
SOFTWARE").
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is
protected by copyright and other intellectual property laws
and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including, but not
limited to, any images, photographs, animation, video, audio,
music, text and "applets" incorporated into the SOFTWARE)
is owned by SONY or one or more of the THIRD-PARTY
SUPPLIERS.
GRANT OF LICENSE
SONY grants you a limited license to use the SOFTWARE
solely in connection with the camcorder and only for your
individual use. SONY and the THIRD-PARTY SUPPLIERS
expressly reserve all rights, title and interest (including, but
not limited to, all intellectual property rights) in and to the
SOFTWARE that this EULA does not specifically grant to you.
REQUIREMENTS AND LIMITATIONS
You may not copy, publish, adapt, redistribute, attempt to
derive source code, modify, reverse engineer, decompile, or
disassemble any of the SOFTWARE, whether in whole or in
part, or create any derivative works from or of the SOFTWARE
unless such derivative works are intentionally facilitated by
the SOFTWARE. You may not modify or tamper with any
digital rights management functionality of the SOFTWARE.
You may not bypass, modify, defeat or circumvent any
of the functions or protections of the SOFTWARE or any
mechanisms operatively linked to the SOFTWARE. You may
not separate any individual component of the SOFTWARE
for use on more than one camcorder unless expressly
authorized to do so by SONY. You may not remove, alter,
cover or deface any trademarks or notices on the SOFTWARE.
You may not share, distribute, rent, lease, sublicense, assign,
transfer or sell the SOFTWARE. The software, network
services or other products other than SOFTWARE upon
which the SOFTWARE'S performance depends might be
interrupted or discontinued at the discretion of the suppliers
(software suppliers, service suppliers, or SONY). SONY
and such suppliers do not warrant that the SOFTWARE,
network services, contents or other products will continue
to be available, or will operate without interruption or
modification.
EXCLUDED SOFTWARE AND OPEN SOURCE
COMPONENTS
Notwithstanding the foregoing limited license grant, you
acknowledge that the SOFTWARE may include EXCLUDED
SOFTWARE. Certain EXCLUDED SOFTWARE may be
covered by open source software licenses ("Open Source
Components"), which means any software licenses approved
as open source licenses by the Open Source Initiative or any
substantially similar licenses, including but not limited to any
license that, as a condition of distribution of the software
licensed under such license, requires that the distributor
make the software available in source code format. If and
to the extent disclosure is required, please visit www.sony.
com/linux or other SONY-designated web site for a list of
applicable OPEN SOURCE COMPONENTS included in the
SOFTWARE from time to time, and the applicable terms and
conditions governing its use. Such terms and conditions
may be changed by the applicable third party at any time
without liability to you. To the extent required by the licenses
covering EXCLUDED SOFTWARE, the terms of such licenses
will apply in lieu of the terms of this EULA. To the extent the
terms of the licenses applicable to EXCLUDED SOFTWARE
prohibit any of the restrictions in this EULA with respect to
such EXCLUDED SOFTWARE, such restrictions will not apply
to such EXCLUDED SOFTWARE. To the extent the terms of
the licenses applicable to Open Source Components require
SONY to make an offer to provide source code in connection
with the SOFTWARE, such offer is hereby made.
USE OF SOFTWARE WITH COPYRIGHTED
MATERIALS
The SOFTWARE may be capable of being used by you to
view, store, process and/or use content created by you and/
or third parties. Such content may be protected by copyright,
other intellectual property laws, and/or agreements. You
agree to use the SOFTWARE only in compliance with all
such laws and agreements that apply to such content. You
acknowledge and agree that SONY may take appropriate
measures to protect the copyright of content stored,
processed or used by the SOFTWARE. Such measures
include, but are not limited to, counting the frequency of
your backup and restoration through certain SOFTWARE
features, refusal to accept your request to enable restoration
of data, and termination of this EULA in the event of your
illegitimate use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED
TO BE USED WITH CONTENT AVAILABLE THROUGH ONE OR
MORE CONTENT SERVICES ("CONTENT SERVICE"). USE OF
THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS
OF SERVICE OF THAT CONTENT SERVICE. IF YOU DECLINE
TO ACCEPT THOSE TERMS, YOUR USE OF THE SOFTWARE
WILL BE LIMITED. You acknowledge and agree that certain
content and services available through the SOFTWARE
may be provided by third parties over which SONY has
no control. USE OF THE CONTENT SERVICE REQUIRES AN
INTERNET CONNECTION. THE CONTENT SERVICE MAY BE
DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY
SERVICES
You acknowledge and agree that access to certain
SOFTWARE features may require an Internet connection
for which you are solely responsible. Further, you are solely
responsible for payment of any third party fees associated
with your Internet connection, including but not limited
to Internet service provider or airtime charges. Operation
of the SOFTWARE may be limited or restricted depending
on the capabilities, bandwidth or technical limitations of
your Internet connection and service. The provision, quality
and security of such Internet connectivity are the sole
responsibility of the third party providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export and re-export
restrictions and regulations of the area or country in which
you reside, and not to transfer, or authorize the transfer,
of the SOFTWARE to a prohibited country or otherwise in
violation of any such restrictions or regulations.
HIGH RISK ACTIVITIES
The 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 SOFTWARE could lead to death,
personal injury, or severe physical or environmental damage
("HIGH RISK ACTIVITIES"). SONY, each of the THIRD-PARTY
SUPPLIERS, and each of their respective affiliates specifically
disclaim any express or implied warranty, duty or condition
of fitness for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the SOFTWARE is
at your sole risk and that you are responsible for use of the
SOFTWARE. The SOFTWARE is provided "AS IS," without
warranty, duty or condition of any kind.
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for
purposes of this Section, SONY and each of the THIRD-
PARTY SUPPLIERS shall be collectively referred to as
"SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR
A PARTICULAR PURPOSE. SONY DOES NOT WARRANT OR
MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT
THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL
BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE
SOFTWARE WILL BE CORRECT OR ERROR-FREE OR THAT ANY
DEFECTS WILL BE CORRECTED, (C) THAT THE SOFTWARE
WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE
OR DATA, (D) THAT ANY SOFTWARE, NETWORK SERVICES
(INCLUDING THE INTERNET) OR PRODUCTS (OTHER
THAN THE SOFTWARE) UPON WHICH THE SOFTWARE'S
PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE,
UNINTERRUPTED OR UNMODIFIED, AND (E) REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE
IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY SONY OR AN AUTHORIZED REPRESENTATIVE OF SONY
SHALL CREATE A WARRANTY, DUTY OR CONDITION OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE
EXCLUSIONS MAY NOT APPLY TO YOU.