Sony BDV-E780W License Agreement page 26

OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial
computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End
Users acquire Covered Code with only those rights set
forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement
concerning subject matter hereof. If any provision of
this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make
it enforceable. This License shall be governed by
California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity
chartered or registered to do business in the United
States of America, any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts
of the Northern District of California, with venue lying
in Santa Clara County, California, with the losing party
responsible for costs, including without limitation,
court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on
Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which
provides that the language of a contract shall be
construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors,
each party is responsible for claims and damages
arising, directly or indirectly, out of its utilization of
rights under this License and You agree to work with
Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is
intended or shall be deemed to constitute any admission
of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the
Covered Code as "Multiple-Licensed". "Multiple-
Licensed" means that the Initial Developer permits you
to utilize portions of the Covered Code under Your
choice of the NPL or the alternative licenses, if any,
specified by the Initial Developer in the file described
in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla
Public License Version 1.1 (the "License"); you may
26
not use this file except in compliance with the License.
You may obtain a copy of the License at http://www.
mozilla.org/MPL/
Software distributed under the License is distributed on
an "AS IS" basis, WITHOUT WARRANTY OF ANY
KIND, either express or implied. See the License for
the specific language governing rights and limitations
under the License.
The Original Code is __________________________
____________.
The Initial Developer of the Original Code is ________
________________.
Portions created by ______________________ are
Copyright (C) _____________________________.
All Rights Reserved.
Contributor(s): _______________________________
_______.
Alternatively, the contents of this file may be used
under the terms of the _____ license (the "[___]
License"), in which case the provisions of [______]
License are applicable instead of those above. If you
wish to allow use of your version of this file only under
the terms of the [____] License and not to allow others
to use your version of this file under the MPL, indicate
your decision by deleting the provisions above and
replace them with the notice and other provisions
required by the [___] License. If you do not delete the
provisions above, a recipient may use your version of
this file under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly
from the text of the notices in the Source Code files of
the Original Code. You should use the text of this
Exhibit A rather than the text found in the Original
Code Source Code for Your Modifications.]
FreeBSD Software
Copyright (c) 1982, 1986, 1993
The Regents of the University of California. All rights
reserved.
Redistribution and use in source and binary forms, with
or without modification, are permitted provided that the
following conditions are met:
1. Redistributions of source code must retain the above
copyright notice, this list of conditions and the
following disclaimer.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. Neither the name of the University nor the names of
its contributors may be used to endorse or promote
products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE
REGENTS AND CONTRIBUTORS ``AS IS'' AND
ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE REGENTS OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF