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4-172-869-11
(1)
Government
End
Users
If
the SOFTWAREis beingacquired by
or
on
behalf
of
the United Statesgovernment
or
any
other
entityseeking
or
applying rights
similar tothose customarilyclaimed by the United States government,
such
SOFTWARE
is
a
~commercial
item" as that term
is
defined at
48
CF.R.
(~FAR")
2.101,
is
licensed in accordance with this LICENSE, and
such
SOFTWARE delivered
or
otherwise
furnished shall be provided with the following
~Notice
of
Use"
and
shall be treated in accordance with such notice:
END·
USER
LICENSE
AGREEMENT
FOR
MAP
DATA
FOR
SONY
HANDYCAM'
PRODUCTS
YOU
SHOULD
CAREFULLY
READ
THE
FOLLOWING
AGREEMENT
BEFORE
USING
THIS
SOFTWARE,
IMPORTANT-READ CAREFULLY: This End-UserLicense Agreement CLICENSE")
is
a legal agreement between you
and
Sony
Corporation
(~SONY").
the licensor
of
the
map
data included in
your
Sony HANDYCAM
product
("PRODUcr»).
Such map data,
includingsubsequent updates/upgrades,
is
referred to herein as the SOFTWARE. ThisLICENSE covers
only
the SOFTWARE.
You
may usc theSOFTWARE only in connection with your use
of
the PRODUCT.
By
touchingthe
~AGREE»
button appearing
on
the
screen
of
the
PRODUcr
in connection with this License, you agree tobe
bound
by theterms
of
Ihis LICENSE.
If
you
do
not agree
10
the terms
of
this LICENSE, SONY
is
unwilling tolicense the SOfTWARE toyou. In such event, the SOFTWARE will not be
available
and
you may not use theSOFTWARE.
SOFTWARE
LICENSE
The
SOFTWARE
is
protected by copyrightlaws
and
internationalcopyright treaties,
as
well as
other
intellectual property laws and
treaties. The SOFTWARE
is
licensed, not sold.
GRANT
OF
LICENSE
This LICENSE grants you the following rights
on
a non-ellclusive basis:
SOFTWARE.
You
may use the SOFTWARE
on
one
unit
of
the PRODUCT.
Personal
Use.
You
mayuse the SOFTWARE for personal, non-commercial use only.
DESCRIPTION
OF
OTHER
RIGHTS
AND
LIMITATIONS
Restrictions.
You
may not transfer
or
distribute any
part
of
theSOFTWARE in anyform for any
purpose
except as ellpressly
permitted in this LICENSE.
You
may not use the
SOfTWARE
with any products, systems
or
applications
other
than with the
PRODUCT. Except as otherwise provided in this LICENSE, you may not use and may not permit any third party touse the
SOFTWARE separatedfrom the PRODUCT (in whole
or
in part, including, but not limited to, reproductions, outpUis
or
extractions
or
other
works
thereofin
anyform) for the
purpose
of
rental
or
lease
whether
with anylicense
fee
or
not.
Some
jurisdictions
do
not
allow the restrictions
of
such rights,
in
such case theabove restrictions may not apply to you.
Limitation
on
Reverse Engineering, Decompilation and Disassembly.
You
maynot
0)
extract the SOFTWARE from Ihe PRODUCT,
(ii) reproduce, copy, modify, port, translate,
or
createderivative works
of
the SOFTWARE in whole
or
in part,
or
(iii) reverse
engineer, decompile, disassemble the SOFTWARE by anymeans whatsoever in whole
or
in partfor any purpose.
Some
jurisdictions
do not allow the limitation
of
such rights, in such case the abovelimitation may not apply to you.
Trademarks and Notices:
You
may
not
remove, alter, cover
or
deface any
trademarks
or
copyright notices
on
the SOFTWARE.
Data Files. TheSOFTWARE may createdata files automatically for use with the SOFTWARE. Anysuch data files will be
deemed
to
be part
of
the SOFTWARE.
SOFTWARE Transfer.
You
may permanently transfer all
of
your rights
under
this LICENSE
only
as part
of
a sale
or
transfer
of
the
PRODUCT, prOVided you retain no copies
of
the SOFTWARE, transfer all
of
the SOFTWARE (includingall copies (only
if
permitted
tocopy
under
~Limitation
on
Reverse Engineering, Decompilation
and
Disassembly" Paragraph above),
component
parts, the media
and printed materials, all versions
and
any upgrades
of
the SOFTWARE
and
this LICENSE), and the recipient agrees to the
terms
andconditions
of
this LICENSE.
Termination. Without prejudice to any
other
rights, SONY mayterminate this LICENSE
if
you fail tocomplywith the terms and
conditions
of
this LICENSE.
In
such event, you must stop using the SOFTWARE
and
all
of
its
component
parts. Theprovisions
of
this LICENSE "COPYRIGHT;' "HIGH RISK ACTIVITIES," "EXCLUSION
OF
WARRANTY
ON
SOFTWARE;' "LIMITATION
OF
L1ABILITY,~
~PROHIBITJON
ON
EXPORT,"
~SEVERABILITY,"
and "GOVERNING
LAW
AND
JURISDICTJOW Sections,
"Confidentiality" Paragraph
of
this Section and thisParagraph shall surviveanyexpiration
or
termination
of
this I.ICENSE.
Confidentiality.
You
agree to keep information contained in theSOFTWARE which
is
not publicly
known
confidential to yourself,
and
not to disclosesuch information toothers without SONY's priorwritten approval.
COPYRIGHT
All
title and copyright in and to theSOFTWARE (includingbut notlimitedto any map data, images, photographs, animation,
video, audio, music, text and "applets': incorporated into the SOFTWARE),
and
any copies
of
theSOFTWARE, are ownedby SONY,
licensors
and
suppliers toSONY and their respective affiliates (such licensors
and
suppliers toSONY, together with their respective
affiliates, are hereinafter collectively referredto as "SONY's Licensors").
All
rights not specificallygranted
under
this LICENSE are
reserved by SONY
or
SONY's Licensors.
HIGH
RISK
ACTIVITIES
The SOFTWARE
is
nol fault·tolerant and is not designed, manufactured
or
intended for use in hazardous environmentsrequiring
fail-safe performance, such as in the operation
of
nuclearfacilities, aircraft navigation
or
communication
systems, air traffic control,
direct life support machines,
or
weaponssystems, in which the failure
of
theSOFTWARE could lead todeath, personal injury,
or
severe physical
or
environmental damage("High Risk Activities"). SONY, its affiliates, their respective suppliers and SONY's
Licensors specifically disclaim any ellpress
or
implied warranty
of
fitness for High Risk Activities.
EXCLUSION
OF
WARRANTY
ON
SOFTWARE
You
expressly acknowledge
and
agree that use
of
theSOFTWARE
is
at
your sole risk. TheSOFTWARE
is
provided
"AS
IS"
and
without warranty
of
any kind andSONY, its affiliates, its and theirrespective suppliers
and
SONY's Licensors (in thissection, 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 THESOFTWARE 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
npressly
understand
that thedata in the SOFTWARE may contain inaccurate
or
incomplete information due to the passage
of
time, changing circumstances,sources used
and
the nature
of
collecting comprehensivegeographic data, any
of
which maylead to
incorrect results.
LIMITATION
OF
LIABILITY
IN THISSECTION 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, NORANY
OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR
CONSEQUENTIALDAMAGES ARISING
OUT
OF
YOUR
USE
OF
OR
INABILITY
TO
USE
THE
SOFTWARE, ANY DEFECT
IN
THE SOFTWARE,
OR
THE
BREACH
OF THETERMS
AND
CONDITIONS,
WHETHER
IN
AN ACTION IN
CONTRACf
OR
TORT
OR
BASED
ON
A WARRANTY,
EVEN
It-:
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 DEFECTIVENATURE
OF
THE
PRODUCT. IN ANY CASE,
SAVE
FOR
THE
FOREGOING EXCEPTrONS, SONY'S
ENTIRE LL\BIl.lTY UNDER ANY PROVISION
OF
THIS l.lCENSESHALL
BE
l.lMITED
TO
THE
AMOUNT
ACTUALLY PAID
ALLOCATABLE TO
THE
SOFTWARE. SOME JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OR
l.lMITATrON
OF
CONSEQUENTIAL
OR
INCIDENTAL DAMAGES, SO THE ABOVEEXCLUSION
OR
l.lMITATION
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
RESTRICfED 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 l.lCENSE
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 provisions
or
the United Nations
Convention for Contracts for the International Sale
of
Goods, which
is
ellprcssly excluded. Any dispute arising
out
of
this LICENSE
shall
be subject to the exclusive venue
of
theTokyo District
Court,
and
the parties herebyconsent to thevenue and jurisdiction
of
such court.
THE
PARTIES HEREBY WAIVE TRIAL
BY
JURY
WITH
RESPECT
TO
ANY MATTERS ARISING
UNDER
TO
RELATING
TO
THIS LICENSE. SOME JURISDICfIONS
DO
NOT
AI.LOW
THE
EXCLUSION
OF
THE RIGHT
OF
TRIAL
BY
JURY,
IN SUCHCASE
THE
ABOVE EXCLUSION
MAY
NOT
APPLY
TO
YOu.
EntireAgreement
These terms
and
conditions constitute theentire agreementbetween SONY
and
you pertaining to the subject matter hereof, and
supersedes in their entirety any
and
all previously existing written
or
oral agreements between us with respect to such subject matter.
Notice
of
Use
Contractor (Manufacturer/Supplier) Name:
SONY
CORPORATION
Contractor (Manufacturer/Supplier) Address:
1-7-1
Konan, Minato-ku,Tokyo, Japan
These
SOFTWARE
are commercial items
as
defined in
FAR
2.101
and
are
subject to theEND·USER
LICENSE
AGREEMENT
FOR
MAP
DATA
FOR
SONY
HANDYCAM-
PRODUCTS
underwhich this
SOFTWARE
was
prOVided.
If
the
Contracting
Officer, federal government agency,
or
any federal official refuses to use the legend provided herein, the
Contracting Officer, federal government agency,
or
anyfederal official must notify SONY priortoseekingadditional
or
alternative
rightsin the Software.
Copyrightand trademarkinformation
@1993-2007NAVTEQ
©2009 ZENRIN CO.,
LTD.
©Her
Majesty the
Queen
in Right
of
Canada; ©Queen's Printer for Ontario; roCanada Post Corporation; GeoBase";
"'Department
of
Natural Resources Canada;li:IUnited States Postal Service "2007; USPS"; ZIP+4"
©2010 Sony Corporation Printed in Japan
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