Sony DCR-IP5 MovieShaker v3.1 Operating Instructions Manual page 47

DURATION TO NINETY (90) DAY PERIOD DESCRIBED ABOVE. 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 LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO
COUNTRY.
6. EXCLUSION OF WARRANTY ON THE SOFTWARE
You expressly acknowledge and agree that use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS"
AND WITHOUT WARRANTY OF ANY KIND, AND SONY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR CORRECT. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS 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 A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
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 ANY OTHER
LEGAL THEORY RELATED TO THE SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF DATA (INCLUDING BUT NOT LIMITED TO DATA RECORDED ON CD-ROM BY
YOU), LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF
SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SONY'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO
THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
8. APPLICABLE LAW
This EULA shall be construed in accordance with the laws of Japan.
9. GENERAL
Should any portion of this EULA be declared null and void by operation of law, or otherwise, the remainder of this EULA
shall remain in full force and effect. This EULA shall be binding upon the parties' authorized successor and assignees. Neither
party's waiver of any breach or failure to enforce any of the provisions of this EULA at any time shall in any way affect, limit
or waive such party's right thereafter to enforce and compel strict compliance with every other provision. No modification of
this EULA shall be effective unless in writing signed by both parties.
For customers who purchased the CAMCORDER and Software in the United States and Canada the following additional
provisions apply:
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 and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
PROHIBITION ON EXPORT. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED
OUTSIDE THE UNITED STATES OR CANADA OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY
U.S. OR CANADA GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A
CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES OR CANADA. BY
DOWNLOADING OR USING THE SONY SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE
WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2)
of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sony Electronics
Inc., One Sony Drive, Park Ridge, New Jersey 07656.
© 2001 Sony Corporation All rights reserved. Printed in Japan 47