Sony Disclaimer

Please read this license carefully before downloading or using the software. You must agree to be bound by the terms of this license before downloading or using the software. Sony software is licensed not sold.

1. License.

The application, system, and other software which can be downloaded from this FTP site (the "Sony Software") and the related documentation; are licensed to you by Sony Australia Limited, (hereinafter referred to as "Sony"). You own the medium on which the Sony Software is recorded, but Sony and/or Sony's Licensor(s) retain title to the Sony Software and related documentation. This License allows you to use the Sony Software on a single hardware product, computer or CPU and only make one copy of the Sony Software in machine-readable form for backup purposes only. You must reproduce on such copy the Sony copyright notice and any other proprietary legends that were on the original copy of the Sony Software. You may also transfer all your license rights in the Sony Software, the backup copy of the Sony Software, the related documentation, and a copy of this License to another party, with Sony's consent which shall be deemed given provided the other party agrees to be bound by the terms and conditions of a license identical to this License.

 

2. Restrictions.

The Sony Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable law, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Sony Software to a human-perceivable form; copy, modify, network, or distribute the Sony Software; or rent, lease, loan, the Sony Software alone, or create derivative works based upon the Sony Software or related documentation in whole or in part other than as expressly permitted by applicable legislation. You may not electronically transmit the Sony Software from one computer to another or over a network unless this is strictly necessary in order to use the Software on the intended single hardware product, computer, or CPU.

 

3. Termination.

This License is effective until terminated. You may terminate this License at any time by destroying the Sony Software, related documentation, and all copies thereof. This License will terminate immediately without notice from Sony or any company within the Sony group of companies if you fail to comply with any provision of this License. Upon termination you must destroy the Sony Software, related documentation, and all copies thereof. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement and shall have no right to any refund of any amounts paid for the Sony Software. No termination shall release you from liability for any breach of this License Agreement.

 

4. Disclaimer of Warranty on Sony Software.

You expressly acknowledge and agree that use of the Sony Software is at your sole risk. The Sony Software and related documentation, are provided "AS IS" and without warranty of any kind and SONY EXPRESSLY DISCLAIMS ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SONY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SONY SOFTWARE WILL BE CORRECTED. FURTHERMORE, SONY DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY- AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY LIMIT THIS DISCLAIMER. SHOULD THE SONY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY OR A SONY-AUTHORISED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Sony's aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price. Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law, or otherwise in relation to any Sony Software are hereby excluded, and Sony shall be under no liability for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship, or otherwise howsoever.

 

THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING SONY SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS. NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SONY'S NEGLIGENCE.

 

5. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SONY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SONY SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SONY OR AN SONY-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Sony's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including negligence], or otherwise) exceed the amount paid by you for the Sony Software.

 

6. Controlling Law and Severability.

This License shall be governed by and construed in accordance with the laws of Australia and New Zealand. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

 

7. Acknowledgement.

You acknowledge that you have read this License Agreement and understand it, and agree to be bound by the terms and conditions. You also agree that the License Agreement is the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the License Agreement. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of Sony.