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184
11. Annexe : Caractéristiques techniques
CONTRAT DE LICENCE
D'UTILISATEUR FINAL
IMPORTANT:
BEFORE USING THE SOFTWARE CONTAINED IN THE
CAMCORDER, PLEASE READ THIS END USER LICENSE
AGREEMENT ("EULA") CAREFULLY. BY USING THE
SOFTWARE YOU ARE ACCEPTING THE TERMS OF THIS
EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA,
YOU MAY NOT USE THE SOFTWARE.
This EULA is a legal agreement between you and Sony
Corporation ("SONY"). This EULA governs your rights
and obligations regarding the software of SONY and/or
its third party licensors (including SONY's affiliates) and
their respective affiliates (collectively, the "THIRD-PARTY
SUPPLIERS") contained in the camcorder, together with
any updates/ upgrades provided by SONY, any printed,
on-line or other electronic documentation for such
software, and any data files created by operation of such
software (collectively, the "SOFTWARE").
Notwithstanding the foregoing, any software in
the SOFTWARE having a separate end user license
agreement (including, but not limited to, GNU General
Public license and Lesser/Library General Public License)
shall be covered by such applicable separate end user
license agreement in lieu of the terms of this EULA to
the extent required by such separate end user license
agreement ("EXCLUDED SOFTWARE").
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is
protected by copyright and other intellectual property
laws and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including,
but not limited to, any images, photographs, animation,
video, audio, music, text and "applets" incorporated into
the SOFTWARE) is owned by SONY or one or more of the
THIRD-PARTY SUPPLIERS.
GRANT OF LICENSE
SONY grants you a limited license to use the SOFTWARE
solely in connection with the camcorder and only
for your individual use. SONY and the THIRD-PARTY
SUPPLIERS expressly reserve all rights, title and interest
(including, but not limited to, all intellectual property
rights) in and to the SOFTWARE that this EULA does not
specifically grant to you.
REQUIREMENTS AND LIMITATIONS
You may not copy, publish, adapt, redistribute, attempt
to derive source code, modify, reverse engineer,
decompile, or disassemble any of the SOFTWARE,
whether in whole or in part, or create any derivative
works from or of the SOFTWARE unless such derivative
works are intentionally facilitated by the SOFTWARE.
You may not modify or tamper with any digital rights
management functionality of the SOFTWARE. You
may not bypass, modify, defeat or circumvent any of
the functions or protections of the SOFTWARE or any
mechanisms operatively linked to the SOFTWARE. You
may not separate any individual component of the
SOFTWARE for use on more than one camcorder unless
expressly authorized to do so by SONY. You may not
remove, alter, cover or deface any trademarks or notices
on the SOFTWARE. You may not share, distribute, rent,
lease, sublicense, assign, transfer or sell the SOFTWARE.
The software, network services or other products
other than SOFTWARE upon which the SOFTWARE'S
performance depends might be interrupted or
discontinued at the discretion of the suppliers (software
suppliers, service suppliers, or SONY). SONY and such
suppliers do not warrant that the SOFTWARE, network
services, contents or other products will continue to
be available, or will operate without interruption or
modification.
EXCLUDED SOFTWARE AND OPEN SOURCE
COMPONENTS
Notwithstanding the foregoing limited license grant,
you acknowledge that the SOFTWARE may include
EXCLUDED SOFTWARE. Certain EXCLUDED SOFTWARE
may be covered by open source software licenses
("Open Source Components"), which means any
software licenses approved as open source licenses by
the Open Source Initiative or any substantially similar
licenses, including but not limited to any license that,
as a condition of distribution of the software licensed
under such license, requires that the distributor make
the software available in source code format. If and to
the extent disclosure is required, please visit www.sony.
com/linux or other SONY-designated web site for a list
of applicable OPEN SOURCE COMPONENTS included in
the SOFTWARE from time to time, and the applicable
terms and conditions governing its use. Such terms
and conditions may be changed by the applicable
third party at any time without liability to you. To the
extent required by the licenses covering EXCLUDED
SOFTWARE, the terms of such licenses will apply in lieu
of the terms of this EULA. To the extent the terms of the
licenses applicable to EXCLUDED SOFTWARE prohibit
any of the restrictions in this EULA with respect to such
EXCLUDED SOFTWARE, such restrictions will not apply
to such EXCLUDED SOFTWARE. To the extent the terms
of the licenses applicable to Open Source Components
require SONY to make an offer to provide source code
in connection with the SOFTWARE, such offer is hereby
made.
USE OF SOFTWARE WITH COPYRIGHTED
MATERIALS
The SOFTWARE may be capable of being used by you
to view, store, process and/or use content created by
you and/or third parties. Such content may be protected
by copyright, other intellectual property laws, and/
or agreements. You agree to use the SOFTWARE only
in compliance with all such laws and agreements that
apply to such content. You acknowledge and agree
that SONY may take appropriate measures to protect
the copyright of content stored, processed or used by
the SOFTWARE. Such measures include, but are not
limited to, counting the frequency of your backup and
restoration through certain SOFTWARE features, refusal
to accept your request to enable restoration of data, and
termination of this EULA in the event of your illegitimate
use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE
DESIGNED TO BE USED WITH CONTENT AVAILABLE
THROUGH ONE OR MORE CONTENT SERVICES ("CONTENT
SERVICE"). USE OF THE SERVICE AND THAT CONTENT IS
SUBJECT TO THE TERMS OF SERVICE OF THAT CONTENT
SERVICE. IF YOU DECLINE TO ACCEPT THOSE TERMS,
YOUR USE OF THE SOFTWARE WILL BE LIMITED. You
acknowledge and agree that certain content and
services available through the SOFTWARE may be
provided by third parties over which SONY has no
control. USE OF THE CONTENT SERVICE REQUIRES AN
INTERNET CONNECTION. THE CONTENT SERVICE MAY BE
DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY
SERVICES
You acknowledge and agree that access to certain
SOFTWARE features may require an Internet connection
for which you are solely responsible. Further, you are
solely responsible for payment of any third party fees
associated with your Internet connection, including
but not limited to Internet service provider or airtime
charges. Operation of the SOFTWARE may be limited
or restricted depending on the capabilities, bandwidth
or technical limitations of your Internet connection
and service. The provision, quality and security of such
Internet connectivity are the sole responsibility of the
third party providing such service.
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
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