For the customers in any country and/or territory throughout the world except for Japan, the following terms shall apply:
YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER LICENSE AGREEMENT BEFORE USING THIS SOFTWARE (Name: Picture Package, Version No. 1.0 , Number of License: One) AND ITS RELATED MATERIALS (COLLECTIVELY, THE "SONY SOFTWARE").
END-USER LICENSE AGREEMENT
This End-User License Agreement ("Agreement") is a legal agreement between you and Sony Corporation ("SONY"), the licensor of the SONY SOFTWARE. This Agreement covers the SONY SOFTWARE. By installing, copying or otherwise using the SONY SOFTWARE, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, SONY is unwilling to license the SONY SOFTWARE to you. In such event, you should not install, copy or use the SONY SOFTWARE.
Article 1 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.
Article 2 GRANT OF LICENSE
Sony grants you a non-exclusive license, with no right to grant sub-licenses, to personally use SONY SOFTWARE on your personal computer with or in relation to SONY's digital video camera or digital still camera with which the SONY SOFTWARE is bundled (the Sony Product).
Article 3 DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS
1. Single Computer. You may not install and use the SONY SOFTWARE or any copy thereof on more than one computer.
2. Storage Use/Network Use. You may not distribute the SONY SOFTWARE to other computers over any information network (expressly including the Internet or an internal network such as LAN).
3. Rental. You may not sell, rent or lease the SONY SOFTWARE to any third party.
4. Violation of the Title, Copyright or Other Rights. You may not prejudice or violate the title, copyrights or other rights of SONY and/or third parties by using the SONY SOFTWARE.
5. Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile or disassemble the SONY SOFTWARE in whole or in part.
6. Accessed Content. All content accessed through the SONY SOFTWARE are the property of the applicable content owners and except as specifically set forth herein, this license gives you no right to such content.
7. Copying. You may not copy or reproduce any or all portion of the SONY SOFTWARE.
8. Separation of Components. The SONY SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
9. Software Transfer. You may transfer all of your rights under this Agreement only as part of a sale or transfer of the Sony Product, provided that you transfer all of the SONY SOFTWARE (including all copies, component parts, the media and printed materials), retain no copies of SONY SOFTWARE, and the successor of such rights agrees to be bound by the terms of this Agreement.
Article 4 SAMPLES DATA
Notwithstanding the provisions of Articles 3.1, 3.7 and 3.8 hereinabove, SONY hereby authorized you, on a non-exclusive basis, to copy sample music, sample movies and sample images which are contained in the SONY SOFTWARE, and incorporate the same into the content and/or data which may be created by you by using the SONY SOFTWARE for non-commercial purpose.
Article 5 COPYRIGHT
All title to and copyrights in the SONY SOFTWARE (including, but not 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. All rights not specifically granted under this Agreement are reserved by SONY.
Article 6 LIMITED WARRANTY---LIMITED WARRANTY ON CD-ROM MEDIUM.
SONY warrants that for a period of ninety (90) days from the date of your original purchase of the Sony Product, the CD-ROM on which the SONY SOFTWARE is stored will, as a recording medium, be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee, and would not be extended to the successor of your rights pursuant to Article 3.9. SONY's entire liability and your exclusive remedy will be replacement of the CD-ROM medium not meeting SONY's limited warranty and which is returned to SONY with proof of original purchase of the Sony Product in the form of a bill of sale (which is evidence that the CD-ROM medium is within the warranty period). SONY will have no responsibility to replace a disk damaged by accident, abuse, misapplication, intention, negligence, alternation or faulty repair. ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIUM, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAY PERIOD DESCRIBED ABOVE. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY SONY OR A SONY AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY OR STATE TO STATE.
Article 7 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 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, 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 UNINTERRUPTED OR CORRECT. 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. 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 8 LIMITATION OF LIABILITY
SONY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, 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 SONY 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 AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE SONY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIVE OR LIMITATION OF DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Article 9 DAMAGES ARISING OUT YOUR ACTIONS
You will defend and hold SONY harmless from against all liabilities, demands, damages, costs, expense and losses arising out of the use of the SONY SOFTWARE and/or breach of any of the provisions of this Agreement by you.
Article 10 TERMINATION
1. You may terminate this Agreement at any time by stop using the SONY SOFTWARE.
2. Without prejudice to any other rights, SONY may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.
3. In case of termination of this Agreement, you shall remove the SONY SOFTWARE from your personal computer and destroy the CD-ROM on which the SONY SOFTWARE is stored and all copies of the SONY SOFTWARE, and if requested by SONY, submit to SONY a proof of the destruction thereof.
4. The provisions of Article 5 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
1. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of Japan.
2. YOU HEREBY 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 LAW COMPLIANCE
You agree to comply with all applicable internal and national laws and regulations, and international treaties that apply to the SONY SOFTWARE, and any other applicable export regulation of other countries. In addition to the terms provided in this Agreement, SONY may take appropriate measures to protect copyright of the SONY SOFTWARE.
Article 14 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.
