Sony CBK-WA100 Operating Instructions Manual page 33

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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.
LIMITATION OF LIABILITY
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") SHALL NOT BE
LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OF
ANY EXPRESS OR IMPLIED WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR UNDER ANY OTHER LEGAL
THEORY RELATED TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, ANY
DAMAGES ARISING OUT OF LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE
OF THE SOFTWARE OR ANY ASSOCIATED
HARDWARE, DOWN TIME AND USER'S TIME,
EVEN IF ANY OF THEM HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, EACH AND ALL OF THEIR AGGREGATE
LIABILITY UNDER ANY PROVISION OF THIS
EULA SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID FOR THE PRODUCT. SOME
JURISDICTIONS DO NOT ALLOW THE
33
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