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11. Appendix: Specifications
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.
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 EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL
INFORMATION, LOCATION DATA, DATA SECURITY
You acknowledge and agree that SONY and its affiliates,
partners and agents may read, collect, transfer, process and
store certain information collected from the SOFTWARE,
including but not limited to information about (i) the
SOFTWARE and (ii) the software applications, contents and
peripheral devices that interact with your camcorder and the
SOFTWARE ("Information"). Information includes, but is not
limited to: (1) unique identifiers relating to your camcorder
and its components; (2) performance of the camcorder, the
SOFTWARE and their components; (3) configurations of your
camcorder, the SOFTWARE and the software applications,
contents and peripheral devices that interact with the
camcorder and the SOFTWARE; (4) use and frequency of use
of the functions of (x) the SOFTWARE, and (y) the software
applications, contents and peripheral devices that interact
with the SOFTWARE; and (5) location data, as indicated
below. SONY and its affiliates, partners and agents may use
and disclose Information subject to applicable laws in order
to improve its products and services or to provide products
or services to you. Such uses include, but are not limited
to: (a) administering the functionalities of the SOFTWARE;
(b) to improve, service, update or upgrade the SOFTWARE;
(c) improving, developing and enhancing the current and
future products and services of SONY and other parties; (d)
to provide you with information about the products and
services offered by SONY and other parties; (e) complying
with applicable laws or regulations; and (f) to the extent
offered, providing you with location-based services of SONY
and other parties, as indicated below. In addition, SONY
retains the right to use Information to protect itself and third
parties from illegal, criminal or harmful conduct.
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