Sony SRG-X40UH Mode D'emploi page 60

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.
DISCLAIMER OF WARRANTIES 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 AVAILABLE,
UNINTERRUPTED, TIMELY, SECURE, OR
UNMODIFIED, (E) THAT THE SOFTWARE OR ANY
EQUIPMENT, SYSTEM OR NETWORK 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 [FIXED AMOUNT]. 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.
CONSENT TO USE OF NON-PERSONAL
INFORMATION, LOCATION DATA, DATA
SECURITY
You acknowledge and agree that SONY and its
affiliates, partners and agents may read, collect,
transfer, process and store certain information
collected from the SOFTWARE, including but not
limited to information about (i) the SOFTWARE
and (ii) the software applications, contents and
peripheral devices that interact with your DEVICE
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