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Sony Software License Agreement
Limited Warranty
Sony warrants to User that the Software will not fail to execute its
programming instructions due to defects in material and workmanship for
a period equal to the warranty period provided for the Product 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 execute its
programming instructions due to such defect(s). 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, IT S 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.
