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Sony offers a download service for "Professional Disc for DATA" product drivers and utilities. Please read the following "Physical Formatter" END USER LICENSE AGREEMENT before using this service.
"Physical Formatter" END USER LICENSE AGREEMENT
This End-User License Agreement ("Agreement") is a legal agreement between you, who are "Professional Disc for DATA" drive product ("PRODUCT") user, and Sony Corporation ("Sony"). Please read this Agreement carefully before installing the software which is Sony's proprietary software named "Physical Formatter" ("Licensed Software").
Please read this before downloading.
BY CLICKING "AGREE" BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CLICK "DISAGREE" BELOW. IN THAT CASE, YOU MAY NOT INSTALL AND USE THE LICENSED SOFTWARE.
"Physical Formatter" END USER LICENSE AGREEMENT
Article 1. SOFTWARE LICENSE
- The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.
Article 2. GRANT OF LICENSE
- Sony grants you a non-exclusive license, without the right to sublicense, to use one (1) copy of the Licensed Software only in your PRODUCT.
Article 3. RESTRICTIONS AND LIMITATIONS
The license granted hereunder shall be subject to the following restrictions and limitations except as expressly permitted by applicable legislation:
- You may not distribute the Licensed Software to any other products over any information network (expressly including the Internet and an internal network such as LAN);
- You may not sell, rent or lease the Licensed Software to any third party;
- You may not modify, reverse engineer, decompile or disassemble the Licensed Software in whole or in part;
- You may not copy or reproduce any or all portion of the Licensed Software except as provided in this Agreement;
- You may transfer all of your rights under this Agreement only as a part of the sale or transfer of the PRODUCT,provided that you transfer all of the Licensed Software (including all copies and component parts), retain no copy of the Licensed Software, and the successor agrees to be bound by the terms of this Agreement.
Article 4. COPYRIGHTS
- All title to and copyrights on the Licensed Software and related documents thereof are owned and controlled by Sony. All rights not specifically granted under this Agreement are reserved by Sony.
Article 5. DISCLAIMER
- You expressly acknowledge and agree that use of the Licensed Software is at your sole risk. THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND SONY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR CORRECT. FURTHERMORE, SONY DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED 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. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Article 6. UPDATES
- Notwithstanding above, from time to time Sony may, at its sole option and discretion, prepare and distribute some software to update the Licensed Software. Such software shall be deemed to be included in the Licensed Software and are subject to this Agreement.
Article 7. LIMITATION OF LIABILITY
- ONY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, FOR BREACH OF CONTRACT, BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO THE LICENSED SOFTWARE. SUCH LOSS AND DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER'S TIME, EVEN IF SONY OR A SONY AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND DAMAGES. IN ANY CASE, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE LICENSED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Article 8. DAMAGES ARISING OUT YOUR ACTIONS
- You shall defend and hold Sony harmless from against all liabilities, demands, damages, costs, expense and losses arising out of the use of the Licensed Software and/or breach of any of the provisions of this Agreement by you.
Article 9. COMPLIANCE WITH LAWS
- You agree to comply with all applicable copyright protection laws in connection with your use of the Licensed Software. In addition to the terms provided for in this Agreement, Sony may take appropriate measures to protect copyright of the Licensed Software.
Article 10. TERMINATION
- You may terminate this Agreement at any time by stop using the Licensed Software.
- Without prejudice to any other rights, Sony may terminate this Agreement at any time if you fail to comply with the terms and conditions of this Agreement.
- In case of termination of this Agreement, you must promptly stop using the Licensed Software.
- The provisions of Article 4, Article5 and Articles 7 through 13 of this Agreement shall survive the termination of this Agreement.
Article 11. SEVERABILITY
- If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid to the extent as permissible by law.
Article 12. GOVERNING LAW
- This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of Japan.
- YOU WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY TO THIS AGREEMENT.
Article 13. GENERAL
- This Agreement shall be binding upon the parties' authorized successor and assignees. Neither party's waiver of any breach of failure to enforce any of the provisions of this Agreement at any time shall in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance with every other provision. No modification of this Agreement shall be effective unless in writing signed by both parties.
- You acknowledge the Licensed Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Licensed Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments.
Copyright 2005 Sony Corporation. All right reserved.
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