Sony SAT-B65 User Manual download pdf (Page 53)

License and Restrictions

Sony Electronics Inc. (“Sony”) grants User a license to Use one copy of the

software which is provided to you as part of this Sony product (“Software”).

"Use" means storing, loading, installing, executing or displaying the

Software. User may not copy, modify the Software or disable any licensing

or control features of the Software. No portion of the Software may be

reproduced in any form, or by any means, without prior written permission

from Sony. User is not permitted to modify, distribute, publish, transmit or

create derivative works of any Software included for any public or

commercial purposes. Except as specified above, nothing contained herein

shall be construed as conferring by implication, estoppel or otherwise any

license or right under any patent, trademark or copyright of Sony, its affiliates

or any third party licensor. User may not in any way sell, lease, rent, license,

sublicense or otherwise distribute the Software. The Software may only be

accessed by the functionality of the Sony product in which the Software is

incorporated by Sony (the “Product(s)”), and a User shall not intentionally

make the Software directly accessible to others or to hardware other than the

Products, or otherwise expose an API. Nothing in this Agreement grants User

any rights, license or interest with respect to source code of the Software.

User shall not modify, translate, reverse engineer, decompile or disassemble

the Software or any part thereof or otherwise attempt to derive source code

or create derivative works therefrom, and shall not authorize any third party

to do any of the foregoing unless Sony's prior written consent is obtained.

Sony may elect to provide to User updates and other support services for the

licensed Software. All updates provided to User shall constitute licensed

Software under this License, and such updates shall be governed by the terms

hereof.

Intellectual Property

The Software is owned and copyrighted by Sony, its affiliates or its third

party licensors. User’s license confers no title or ownership in the Software

and is not a sale of any rights in the Software. Sony's affiliates and/or third

party suppliers may protect their rights directly in the event of any User

violation of this Agreement. The trademarks, tradenames, Product

designation, logos and service marks ("Marks") displayed with this Software

are the property of Sony, its affiliates or third party licensors, and User shall

acquire no rights of any kind in or to any Mark under which the Software and/

or Products are marketed. User is not permitted to use these Marks without

the prior written consent of Sony, its affiliates or the applicable third party

licensor which may own the Mark. "Sony" is a registered trademark of Sony

Corporation. User agrees not to remove, alter or destroy any patent,

trademark or copyright markings or notices placed upon or contained within

the Software, User Manuals or documentation. User further agrees to insert

and maintain with the Software and any documentation a copyright notice in

User’s name.

Termination

User’s license will automatically terminate upon any transfer of the Product.

Upon transfer, User must deliver the Software, including any copies and

related documentation, to the transferee. The transferee must accept these

License Terms as a condition to the transfer. Otherwise, Sony does not

authorize the transfer and the User and transferee will be in violation of this

Agreement should the transferee use the Product. This license will

automatically terminate upon User’s failure to comply with any of these

License Terms. Upon termination, User must stop using the Product and

immediately destroy the Software, together with all copies, adaptations and

merged portions in any form and/or return it to Sony.

Export Requirements and U.S. Government Restricted

Rights

User may not export or re-export the Software or any copy or adaptation in

violation of any applicable laws or regulations. The Software and

documentation have been developed entirely at private expense and are

provided as "Commercial Computer Software – Restricted Rights" in

accordance with FAR 52.227-19 (1987) or limited rights in technical data in

accordance with FAR 52.227-14 (1987). User has only those rights provided

for such Software and documentation by the applicable FAR or DFARS

clause or this Sony Software License Agreement.

Limited Warranty

Sony warrants to User that the Software will perofrm substantially in

accordance with published specifications for a period equal to ninety (90)

days from the original date of purchase when properly installed and used.

Warranty does not apply to defects resulting from (a) improper or inadequate

maintenance, (b) software, interfacing, parts or supplies not supplied by

Sony, (c) unauthorized modification of the Software or the Product, or (d)

improper site preparation or maintenance. If Sony receives notice of a

covered defect(s) during the warranty period, Sony will replace Software that

does not perform substantially in accordance with published specifications.

Sony does not warrant that the operation of the Software and/or Product will

be uninterrupted or error free. If Sony is unable, within a reasonable time, to

repair or replace any Software to a condition as warranted, User shall be

entitled to a refund of the purchase price upon prompt return of the Product.

EXCEPT AS SPECIFICALLY STATED ABOVE, THE SOFTWARE IS

PROVIDED “AS IS” WITHOUT WARRANTY AND SONY, ITS

AFFILIATES AND ITS THIRD PARTY LICENSORS DISCLAIM

ANY IMPLIED WARRANTY OF NONINFRINGEMENT,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. THE REMEDIES IN THIS WARRANTY STATEMENT

ARE USER’S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS

INDICATED ABOVE, IN NO EVENT WILL SONY, ITS AFFILIATES

OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR

LOSS OF DATA OR FOR DIRECT, INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT),

EXEMPLARY, OR OTHER DAMAGE, WHETHER BASED IN

CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH PARTY HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN

NO EVENT WILL SONY OR ANY OF ITS AFFILIATES OR THIRD

PARTY LICENSOR’S LIABILITY UNDER AGREEMENT,

WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED

THE COST OF THE PRODUCT.

General

This Agreement shall be deemed to have been made and executed in the

State of California and both parties agree that any dispute arising

hereunder related to this Agreement or the Product will be governed by

laws of the State of California, exclusive of its conflicts of law principles

and that the courts in the County of San Diego, California will have

exclusive jurisdiction over all such disputes. FURTHER THE PARTIES

HEREBY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY

ACTION OR SUIT ARISING UNDER THIS AGREEMENT OR

OTHERWISE ARISING FROM THE RELATIONSHIP BETWEEN

THE PARTIES HERETO. This Agreement shall be binding upon the

parties’ authorized successor and assignees. Neither party’s waiver of any

breach or failure to enforce any of the provisions of this Agreement at any

time shall in any way affect, limit or waive such party’s right thereafter to

enforce and compel strict compliance with every other provision. No

modification of this Agreement shall be effective unless in writing signed

by both parties.

Software License Agreement

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Sony SAT-B65 User Manual Page 53

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