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|END-USER LICENSE AGREEMENT FOR SONY SOFTWARE
"NW-HD5 firmware update program"
You should carefully read the following agreement before using this
“NW-HD5 firmware update program” and its related materials ("SONY
SOFTWARE"). Using the SONY SOFTWARE indicates your acceptance of
the agreement. If you do not agree with it, you are not authorized to
use the SONY SOFTWARE.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you and Sony Corporation. ("SONY"),
the licensor of the SONY SOFTWARE. This EULA covers the SONY SOFTWARE.
The SONY SOFTWARE includes computer software, whether stored on any
media or downloaded from the designated site of SONY for SONY SOFTWARE
users ("SONY Site"), the associated media, any printed materials,
and any "on-line" or electronic documentation and all updates
and upgrades thereto. You may use the SONY SOFTWARE only with a single
computer and your Sony IC Recorder ("Sony Portable Devices").
By installing, copying or otherwise using the SONY SOFTWARE, you agree
to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, SONY is unwilling to
license the SONY SOFTWARE to you. In such event, you should not use
or copy the SONY SOFTWARE.
SONY SOFTWARE LICENSE
The SONY SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The SONY SOFTWARE is licensed, not sold.
GRANT OF LICENSE. This License grants you the following right:
Software. You may install and use one copy of the SONY SOFTWARE on a
Storage/Network Use. You may not use the SONY SOFTWARE over an internal
network or distribute the SONY SOFTWARE to other an internal network.
Back-up Copy. You may make one back-up copy of the SONY SOFTWARE
solely for archival purpose.
DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS
Limitation on Reverse Engineering, Decompilation and Disassembly.
You may not modify, reverse engineer, decompile or disassemble the SONY
SOFTWARE in whole or in part.
Separation of Components. The SONY SOFTWARE is licensed as single
product. Its component parts may not be separated for use on more than
Single Computer. The SONY SOFTWARE may only be used with a single
Rental. You may not rent or lease the SONY SOFTWARE.
Software Transfer. You may permanently transfer all of your rights
under this EULA only as part of a sale of transfer of the SONY SOFTWARE,
provided you retain no copies, transfer all of the SONY SOFTWARE (including
all copies, component parts, the media and printed materials, all versions
and any upgrades of the SONY SOFTWARE and this EULA), and the recipient
agrees to the terms of this EULA.
Termination. Without prejudice to any other rights, SONY may
terminate this EULA if you fail to comply with the terms of this EULA.
In such event, you must destroy all copies of the SONY SOFTWARE and
all of its component parts.
Notice and Assistance. You agree to reasonably notify and assist
SONY in case you learn of illegitimate use of any violation of title
or copyright with respect to the SONY SOFTWARE below. Such notice may
be directed either to Sony Technical Response Center mentioned in a
warranty card which is included in the product package, or to the customer
service link to the Sony Site.
All title and copyright in and to the SONY SOFTWARE (including but limited
to any images, photographs, animation, video, audio, music, text and
"applets", incorporated into the SONY SOFTWARE), and any copies
of the SONY SOFTWARE, are owned by SONY or its suppliers. All rights
not specifically granted under this EULA are reserved by SONY.
HIGH RISK ACTIVITIES
The SONY 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 SONY SOFTWARE could lead to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities"). SONY and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities.
EXCLUSION OF WARRANTY ON SONY SOFTWARE
You expressly acknowledge and agree that use of the SONY SOFTWARE is
at your sole risk. The SONY SOFTWARE is provided "AS IS" and
without warranty of any kind and SONY, its vendors and SONY's licensors
(hereinafter, SONY, its vendors and SONY's licensors shall be collectively
referred to as "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SONY SOFTWARE WILL MEET
YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SONY SOFTWARE WILL BE
CORRECTED. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY.
LIMITATION OF LIABILITY
HEREINAFTER, SONY, ITS SUPPLIERS AND SONY'S LICENSOR'S SHALL BE COLLECTIVELY
REFERRED TO AS "SONY". SONY SHALL NOT BE LIABLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL
THEORY RELATED TO THE SONY SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF
USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S
TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE SONY SOFTWARE.
You agree to comply with all applicable copyright protection laws in
connection with your use of the Sony Portable Device and SONY SOFTWARE.
In addition to the terms provided in this EULA, Sony Corporation and/or
its affiliates may take appropriate measures to protect copyright of
the contents played by the SONY SOFTWARE.
Sony Corporation reserves the right to amend this EULA at its sole discretion
by indicating the amendment at the SONY Site or taking other appropriate
If you do not agree to the terms to be amended, which shall be notified
to you by SONY before they take effect, you must return the SONY SOFTWARE
with your SONY Portable Device and any other materials bundled in the
package at the time of the purchase, together with any software you
obtained from Sony Site for a pro-rated. Your continued use of the SONY
SOFTWARE after notice shall be deemed agreement to be bound by such
If any part of this EULA is held invalid or unenforceable, the other
parts will remain valid.
Should you have any questions connecting this EULA or this limited warranty,
you may contact SONY by writing to SONY at designated contact place
mentioned in a warranty card which is included in the product package.