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End-User License Agreement For Sony Software
71
EXCLUSION OF WARRANTY ON SONY SOFTWARE
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SONY SOFTWARE IS
AT YOUR SOLE RISK. THE SONY SOFTWARE IS PROVIDED “AS IS” AND WITHOUT
WARRANTY OR CONDITIONS OF ANY KIND. SONY AND SONY’S LICENSORS
(HEREINAFTER, SONY AND SONY’S LICENSORS SHALL BE COLLECTIVELY REFERRED
TO AS “SONY”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILE QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SONY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE SONY SOFTWARE WILL BE CORRECTED. FURTHERMORE, SONY DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SONY 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 OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SONY 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 OR CONDITIONS, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SONY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL
THEORY RELATED TO THIS PRODUCT AND SONY SOFTWARE. SUCH DAMAGES
INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF
DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME
AND PURCHASER’S TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY TO SONY, UNDER ANY
PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU, ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY
TO YOU.