NFC Data Exchange Format (NDEF) Writer License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and Sony Corporation ("SONY"), a corporation organized under Japanese Law. Please read this EULA carefully before installing the software which is SONY's proprietary software named as "NDEF Writer" (the "SONY SOFTWARE"). BY INSTALLING 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, do not install, use or copy the SONY SOFTWARE.
Article 1. GRANT OF LICENSE.Sony grants you a non-exclusive and non-transferable license, with no right to grant sublicense, to install one (1) copy of the SONY SOFTWARE on the hard disk or other memory device of your computer and use such one (1) copy of the SONY SOFTWARE on such computer only for your personal use.
Article 2. RESTRICTIONS ON USE.
- Except as expressly permitted under this EULA, you may not copy or reproduce any portion of the SONY SOFTWARE.
- The SONY SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one (1) computer.
- You may not distribute, share though information network, transfer, sell, lease or rent the SONY SOFTWARE to any third party in whole or in part.
- You may not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the SONY SOFTWARE.
- You may not decompile, reverse engineer or disassemble the SONY SOFTWARE in whole or in part.
Article 3. INTELLECTUAL PROPERTY RIGHT. All title to, and intellectual property rights in, the SONY SOFTWARE, related documents thereof and any copies of the SONY SOFTWARE and related documents thereof are owned and/or controlled by SONY and/or applicable owner(s) thereof. All rights not specifically granted under this EULA are reserved by SONY and such owner(s).
Article 4. DISCLAIMER OF WARRANTY ON THE SONY SOFTWARE. You expressly acknowledged and agreed 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 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SONY 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 THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Article 5. LIMITATION OF LIABILITY. SONY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, EITHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, 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 TO SONY FOR THE SONY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Article 6. DAMAGES ARISING OUT OF YOUR ACTIONS. You shall defend and hold SONY harmless from and against all liabilities, damages, costs, expenses or losses arising out of the use of the SONY SOFTWARE and/or breach of any provisions of this EULA by you.
Article 7. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by removing the SONY SOFTWARE from your computer (and destroying the recording media on which the SONY SOFTWARE is recorded, if any), related documentation of the SONY SOFTWARE, and all copies thereof. Without prejudice to any other rights SONY may have, this EULA will be terminated immediately without notice from SONY if you fail to comply with any provision of this EULA. Upon termination you must remove the SONY SOFTWARE from your computer (and destroy the recording media on which the SONY SOFTWARE is recorded, if any), related documentation of the SONY SOFTWARE and all copies thereof, and submit to SONY proof of the destruction thereof.
Article 8. GOVERNING LAW. This EULA shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of this EULA shall be subject to the exclusive venue of the Tokyo District Court in Japan with jurisdiction as the court of first instance. The judgment, decree or order rendered by a court of last resort or a court of lower jurisdiction from which no appeal has been taken in Japan shall be final and binding upon both parties.
Article 9. SEVERALITY. Should any of the provisions of this EULA be adjudged invalid or unenforceable by a court, tribunal, or governmental authority of competent jurisdiction, such unenforceable provisions shall be deemed several from the reminder of this EULA and shall not affect the validity or enforceability of the reminder of this EULA.
Article 10. GENERAL. This EULA shall be binding upon the parties' authorized successors and assignees. Neither party's waiver of any breach or failure to enforce any of the provisions of this EULA 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 EULA shall be effective unless in writing signed by both parties.
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