This Agreement provides the usage of “SxS Memory Card Management Utility” application software (“Licensed Program”), and is made and entered by and between the purchaser (“User”) and Sony Corporation (“Sony”).
Subject to the terms and conditions herein, Sony grants the User a non-exclusive and non-transferable license to use the Licensed Program.
1. The right to use the Licensed Program granted to the User under this Agreement is limited to the right to use the Licensed Program on a single personal computer (“Computer”) solely for the purpose to use Sony’s SxS memory cards (“Product”) owned by the User.
2. The User shall not copy, duplicate or amend, either by modification or addition, in whole or in part the Licensed Program or associated documentation.
3. Use of the Licensed Program by the User is subject to the terms and conditions set forth herein. The User may not distribute the Licensed Program to third parties for any purpose.
4. The User shall not use any part or all of the Licensed Program to utilize or copy data in a way that violates the provision of copyright laws and other applicable laws. The User shall not allow any third party to use any part or all of the Licensed Program via network to which the Computer will be connected.
1. The User may transfer all of his or her rights under this Agreement only as part of a sale or transfer of all the Licensed Program (including all copies, component parts, the media and printed materials, all versions and any upgrades thereof) together with the Product; provided that, the User retains no copies of the Licensed Program, and shall cause the recipient of such Product and the Licensed Program to agrees to abide by the terms and conditions of this Agreement.
2. The User shall not carry out an act of source code analysis, such as reverse-assembly or reverse-compilation on the Licensed Program.
All intellectual property rights in the Licensed Program and associated documentation shall remain the property of Sony, and Sony shall grant the User no rights other than the right to use the Licensed Program and associated documentation granted to the User under this Agreement.
THE LICENSED PROGRAM IS FURNISHED TO THE USER "AS IS" WITHOUT WARRANTY OF ANY KIND. SONY DOES NOT WARRANT THAT THE LICENSED PROGRAM WILL MEET THE USER’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. SONY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT.
THE LICENSED PROGRAM IS FURNISHED TO USER FOR USE AT THE USER’S OWN RISK. SONY WILL NOT BE LIABLE, AND THE USER WILL HAVE NO REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, CONCERNING THE USER’S USE OF THE LICENSED PROGRAM, REGARDLESS OF LEGAL THEORY, AND WHETHER ARISING IN TORT OR CONTRACT. IN NO EVENT WILL SONY BE LIABLE TO THE USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY OTHER REASON WHATSOEVER FOR AND WITH RESPECT TO THE LICENSED PROGRAM.
In the event that a dispute occurs between the User and any third party in connection with infringement of intellectual property rights arising out of the use of the Licensed Program, the User shall be liable for settlement of such dispute and shall not make any claim against Sony in connection with such dispute.
The User shall preserve the confidentiality of (i) information related to the Licensed Program and associated documentation provided under this Agreement and those not publicly available, and (ii) the content of this Agreement, and shall not reveal or divulge such information and content to a third party without the permission of Sony.
1. In the event that the User fails to comply with this Agreement, Sony may terminate this Agreement immediately at any time by giving written notice, and the User shall be liable to Sony for damages arising from such breach.
2. If this Agreement is terminated as specified above, the User shall, within two (2) weeks from the date of the termination, destroy the Licensed Program and associated documentation, and shall furnish Sony with a written declaration to the effect that this has been done.
1. If any part of this Agreement is found by competent judicial authority to be invalid or unenforceable, the remainder of the terms of this Agreement shall continue in effect.
2. Matters not specified under this Agreement and disputes arising over the interpretation of this Agreement shall be resolved through good-faith discussion by Sony and the User.