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photographs, animation, video, audio, music, text and
“applets”, incorporated into the SOFTWARE), and
any copies of the SOFTWARE, are owned by SONY,
licensors and suppliers to SONY and their respective
affiliates (such licensors and suppliers to SONY,
together with their respective affiliates, are hereinafter
collectively referred to as “SONY’s Licensors”). All
rights not specifically granted under this LICENSE
are reserved by SONY or SONY’s Licensors.
HIGH RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not
designed, manufactured or intended for use
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, its affiliates, their respective
suppliers and SONY’s Licensors specifically disclaim
any express or implied warranty of fitness for High
Risk Activities.
EXCLUSION OF WARRANTY ON 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, its affiliates, its and their respective
suppliers and SONY’s Licensors (in this section,
SONY, its affiliates, their respective suppliers and
SONY’s Licensors shall be collectively referred
to as “SONY”) EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, ARISING BY LAW OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND CONDITIONS
OF QUALITY, NON-INFRINGEMENT,
MERCHANTABILITY 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
ERROR FREE. SONY DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING
THE USE, INABILITY TO USE OR THE RESULTS
OF THE USE OF THE SOFTWARE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, IN SUCH CASE THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
You expressly understand that the data in the
SOFTWARE may contain inaccurate or incomplete
information due to the passage of time, changing
circumstances, sources used and the nature of
collecting comprehensive geographic data, any of
which may lead to incorrect results.
LIMITATION OF LIABILITY
IN THIS SECTION SONY, ITS AFFILIATES, ITS
AND THEIR RESPECTIVE SUPPLIERS AND
SONY’S LICENSORS SHALL BE COLLECTIVELY
REFERRED TO AS “SONY” TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE
LAW. SONY SHALL NOT BE LIABLE FOR ANY
CLAIM, DEMAND OR ACTION, IRRESPECTIVE
OF THE NATURE OF THE CAUSE OF CLAIM,
DEMAND OR ACTION, ALLEGING ANY LOSS
OR DAMAGES, DIRECT OR INDIRECT, WHICH
MAY RESULT FROM THE USE OR POSSESSION
OF THE SOFTWARE; NOR FOR ANY LOSS
OF PROFIT, REVENUE, CONTRACTS OR
SAVINGS, NOR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF
OR INABILITY TO USE THE SOFTWARE,
ANY DEFECT IN THE SOFTWARE, OR THE
BREACH OF THE TERMS AND CONDITIONS,
WHETHER IN AN ACTION IN CONTRACT
OR TORT OR BASED ON A WARRANTY,
EVEN IF SONY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES EXCEPT IN
THE EVENT OF SONY’S GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT, OF DEATH
OR PERSONAL INJURY, AND OF DAMAGES
DUE TO THE DEFECTIVE NATURE OF THE
PRODUCT. IN ANY CASE, SAVE FOR THE
FOREGOING EXCEPTIONS, SONY’S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS
LICENSE SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID ALLOCATABLE 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.
PROHIBITION ON EXPORT
YOU ACKNOWLEDGE THAT THE USE OF THE
SOFTWARE IN SOME COUNTRIES, REGIONS,
AREAS OR FACILITIES, OR THE EXPORT OF
THE PRODUCTS FROM THE COUNTRY WHERE
SUCH PRODUCTS ARE DESIGNED TO BE SOLD,
MAY BE RESTRICTED OR PROHIBITED. YOU
AGREE TO USE THE SOFTWARE OR EXPORT
THE PRODUCTS IN ACCORDANCE WITH THE
APPLICABLE LAWS, ORDINANCES, RULES AND
REGULATIONS OF RELEVANT COUNTRIES,
REGIONS, AREAS AND FACILITIES.
SEVERABILITY
If any part of this LICENSE is held invalid or
unenforceable, the other parts will remain valid.
GOVERNING LAW AND JURISDICTION
This LICENSE shall be governed by the laws of
Japan without giving effect to its conflict of laws