Notices And Licenses For Software Used In This Product - Sony ELF-SR2 Operating Instructions Manual

NOTICES AND
LICENSES FOR
SOFTWARE USED IN
THIS PRODUCT
END USER LICENSE AGREEMENT
IMPORTANT:
BEFORE USING THE SOFTWARE, PLEASE READ THIS END
USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY
USING THE SOFTWARE YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE
THE SOFTWARE.
This EULA is a legal agreement between (i) you and any
entity you represent (collectively "you") and (ii) Sony
Electronics Inc. ("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") made available to you by SONY, as
embedded in this product ("DEVICE"), together with any
updates/upgrades, any printed, on-line or other
electronic documentation for such software and any
data files, each provided by SONY or the THIRD-PARTY
SUPPLIERS, or 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)
("EXCLUDED SOFTWARE", which includes, but not limited
to, the software listed in the following page of this EULA)
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.
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" and other
content 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, non-exclusive, personal,
non-transferable license to use the SOFTWARE solely in
connection with your DEVICE solely in accordance with
this EULA and the usage instructions as may be made
available to you by SONY or the THIRD-PARTY
SUPPLIERS. 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 DEVICE 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.
You may not use the SOFTWARE in connection with
violation of laws, regulations, court decisions or other
legally binding dispositions by a public authority or
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public policy, or infringement of the rights or legally
protected interests (including, but not limited to,
intellectual and other property rights, rights to trade
secrets, honors, privacy and publicity) of SONY, each of
the THIRD-PARTY SUPPLIERS or any third parties. The
software, network services or other products other than
the SOFTWARE upon which the SOFTWARE'S
performance depends might be modified, 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. You shall not, nor shall you instruct or
permit, procure, enable or request any third party
(including your users, third party personnel or other
personnel, staff or contractors) to, take any action
designed or intended to: (i) use the SOFTWARE (or any
part thereof) in any manner or for any purpose that is
inconsistent with this EULA; (ii) introduce to the
SOFTWARE any "back door," "drop dead device," "time
bomb," "Trojan horse," "virus," or "worm" (as such terms
are commonly understood in the software industry) or
any other equivalent code, files, scripts, agents,
programs, software routine or instructions designed or
intended to disrupt, disable, harm or otherwise impede
in any manner the operation of the SOFTWARE or any
device or system owned or controlled by you or any third
party, or which otherwise may damage or destroy any
data or file ("Malicious Code"); (iii) interfere with the
proper working of the SOFTWARE; (iv) circumvent,
disable, or interfere with security-related features of the
SOFTWARE or features that prevent or restrict use,
access to, or copying the SOFTWARE, or that enforce
limitations on use of the SOFTWARE; or (v) impose (or
which may impose, in your sole discretion) an
unreasonable or disproportionately large load on the
SOFTWARE.
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 oss.sony.net/
Products/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 content
stored, processed or used by the SOFTWARE. Such
measures include, but are not limited to, refusal to
accept your request to enable backup and restoration of
content through certain SOFTWARE features, 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. WHERE CONTENT SERVICE IS NOT UNDER
SONY'S CONTROL, SONY SHALL NOT BE LIABLE IN
RESPECT OF ANY DAMAGES (OR OTHER LIABILITY)
RELATED TO SUCH CONTENT SERVICE. USE OF THE
CONTENT SERVICE REQUIRES AN INTERNET
CONNECTION. THE CONTENT SERVICE MAY BE MODIFIED
OR DISCONTINUED AT ANY TIME.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export and re-
export restrictions and regulations of the Department of
Commerce and other United States agencies and
authorities, 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.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States
Government is subject to restriction as set forth in
subparagraph (c) (1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 C.F.R. § 52.227-19, as
applicable. The manufacturer solely for purposes of this
section is Sony Electronics Inc., 16535 Via Esprillo, San
Diego, CA 92127.
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, QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, TITLE AND
NONINFRINGEMENT. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, 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, TIMELY, SECURE OR
UNMODIFIED, (E) THAT THE SOFTWARE OR ANY
EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE
SOFTWARE IS USED (INCLUDING THE DEVICE) WILL BE
FREE OF VULNERABILITY TO INTRUSION OR ATTACK AND
(F) 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 ANY PROVISION OF
THIS EULA. 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 TO THE EXTENT THEY ARE CONTRARY TO
APPLICABLE LAW OF YOUR JURISDICTION.
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,
INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
LOSS OR DAMAGES FOR BREACH OF ANY EXPRESS OR