Sony VPL-PHZ10 Operating Instructions Manual page 90

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
90
END USER LICENSE AGREEMENT
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 DEVICE and the
SOFTWARE ("Information"). Information
includes, but is not limited to: (1) unique
identifiers relating to your DEVICE and its
components; (2) performance of the DEVICE,
the SOFTWARE and their components; (3)
configurations of your DEVICE, the SOFTWARE
and the software applications, contents and
peripheral devices that interact with the
DEVICE 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)