Sony ELF-SR1 Mode D'emploi page 43

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 OR PRODUCTS
(OTHER THAN THE SOFTWARE)
UPON WHICH THE SOFTWARE'S
PERFORMANCE DEPENDS WILL
CONTINUE TO BE AVAILABLE,
UNINTERRUPTED, TIMELY,
SECURE OR UNMODIFIED, (E)
THAT THE SOFTWARE OR ANY
EQUIPMENT OR SYSTEM ON
WHICH THE SOFTWARE IS USED
(INCLUDING THE DEVICE) WILL
BE FREE OF VULNERABILITY TO
INTRUSION OR ATTACK AND (F)
REGARDING THE USE OR THE
RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS
CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
THE SERVICES MAY BE SUBJECT
TO DELAYS, CANCELLATIONS,
AND OTHER DISRUPTIONS.
SONY MAKES NO WARRANTY,
REPRESENTATION OR
CONDITION WITH RESPECT TO
THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO, THE
QUALITY, EFFECTIVENESS,
REPUTATION, AND OTHER
CHARACTERISTICS OF THE
SERVICES.
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 SOME OR ALL
OF 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 INDIRECT,
INCIDENTAL, SPECIAL,
EXEMPLARY OR
CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN
CONNECTION WITH THE
SOFTWARE AND/OR DEVICE,
INCLUDING FOR BREACH OF
ANY EXPRESS OR IMPLIED
WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR UNDER
ANY OTHER LEGAL THEORY
RELATED TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED
TO, ANY DAMAGES ARISING OUT
OF LOSS OF PROFITS, LOSS OF
REVENUE, LOSS OF DATA, LOSS
OF USE OF THE SOFTWARE OR
ANY ASSOCIATED HARDWARE,
DOWN TIME AND USER'S TIME,
EVEN IF ANY OF THEM HAVE
BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, EACH
AND ALL OF THEIR AGGREGATE
LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL
BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID
BY YOU FOR THE SOFTWARE OR
THE AMOUNT ACTUALLY PAID
FOR THE DEVICE. SOME
JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES, SO
SOME OR ALL OF THE ABOVE
EXCLUSION OR LIMITATION MAY
NOT APPLY TO YOU.
INDEMNITY
Except as prohibited by
applicable law, you agree to
indemnify and hold harmless
SONY and the THIRD-PARTY
SUPPLIERS and their respective
subsidiaries, affiliates, officers
and employees, from any loss,
claim or demand, including
reasonable attorneys' fees,
made by any third party due to
or arising out of your use of the
SOFTWARE and/or the DEVICE
(including, without limitation,
any software vulnerability
caused by such use), your
violation of this EULA or your
failure to fulfill your
responsibility under this EULA.
UPDATE FEATURE
From time to time, SONY or the
THIRD-PARTY SUPPLIERS may
update or otherwise modify the
SOFTWARE, including, but not
limited to, for purposes of
enhancement of security
functions, error correction and
improvement of functions. Such
updates or modifications may
delete or change the nature of
features or other aspects of the
SOFTWARE, including, but not
limited to, functions you may
rely upon. You acknowledge
and agree that such updates
may occur at SONY's sole
discretion and that SONY may
condition continued use of the
SOFTWARE upon your complete
installation or acceptance of
such update or modifications.
Any updates/modifications
shall be deemed to be, and shall
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