Sony VPL-EX290 Operations Instructions download pdf (Page 88)

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END USER LICENSE AGREEMENT

EXPORT AND OTHER REGULATIONS

You agree to comply with all applicable

export and re-export restrictions and

regulations of the area or country in which

you reside, 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.

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,

NONINFRINGEMENT AND FITNESS

FOR A PARTICULAR PURPOSE. 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 OR UNMODIFIED,

AND (E) 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 THIS

WARRANTY. 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.

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 OR

CONSEQUENTIAL DAMAGES FOR

BREACH OF ANY EXPRESS OR

IMPLIED WARRANTY, BREACH OF

CONTRACT, NEGLIGENCE, STRICT

LIABILITY OR UNDER ANY OTHER

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