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NOTIFICATION OF CLAIMS: WARRANTY SERVICE: If Purchaser discovers that any replacement part purchased through the Parts Operations ("Parts") has proven defective in material or workmanship, then written notice with an explanation of the claim shall be given promptly by Purchaser to Sony but all claims for warranty service must be made within the warranty period. Sony will charge the Purchaser for replacement parts and will credit the Purchaser if Sony determines that the parts are covered by the warranty after the defective unit has been returned.
If after investigation Sony determines that the reported problem was not covered by the warranty, we reserve the right to charge the Purchaser for the cost of investigating the problem at its then prevailing time-and-materials rate. No replacement by Purchaser of any part thereof shall extend the warranty period as to the entire Product for which the Part is used. The specific warranty on the replacement part only shall be in effect for a period of ninety (90) days following its shipment, except where indicated above.
EXCLUSIVE REMEDY: ACCEPTANCE: Purchaser's exclusive remedy and Sony's sole obligation is to supply a new or rebuilt replacement part, or issue a credit towards the purchase thereof, for any defective part covered by this warranty, failing which Sony shall refund to Purchaser the purchase price for such part. Purchaser's failure to make a claim as provided in paragraph 1 above or continued use of the Part shall constitute an unqualified acceptance of such Part and a waiver by Purchaser of claims thereto.
EXCEPTIONS TO LIMITED WARRANTY: Sony shall have no liability or obligation to Purchaser with respect to any Part requiring service during the warranty period which is subjected to the following: abuse; improper use: negligence, accident, modification, failure of the end-user to follow the operating procedures outlined in the user's manual: failure of the end-user to follow the maintenance procedures in the service manual for the product in which the Part is used where a schedule is specified for regular replacement or aintenance or cleaning of certain parts (based on usage) and the end-user has failed to follow such schedule; attempted repair by non-qualified personnel; operation of unit outside of the published environment and electrical parameters, or if such Parts original identification (e.g., trademark, serial number) markings have been defaced, altered or removed. Sony excludes from warranty coverage Parts sold AS IS and /or WITH ALL FAULTS and excludes used Parts which have not been sold by Sony to the Purchaser. Sony also excludes from warranty coverage Parts located outside of the United States and Puerto Rico, and consumable items such as fuses and batteries.
DISCLAIMER OF WARRANTY: EXCEPT FOR THE FOREGOING WARRANTIES, SONY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO ANY AND/OR ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR
ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN
SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE
STATE STATUE. SONY HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTY THAT THE
PART IS COMPATIBLE WITH ANY COMBINATION OF NON-SONY PRODUCTS TO WHICH THE
PURCHASER MAY CONNECT THE PART.
LIMITATION OF LIABILITY: THE LIABILITY OF SONY, IF ANY, AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY
AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER THAN THE ACTUAL
PURCHASE PRICE OF THE PART WITH RESPECT TO WHICH SUCH CLAIM IS MADE. IN NO
EVENT SHALL SONY BE LIABLE TO PURCHASER 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 OR FOR ANY OTHER REASON WHATSOEVER.
Limited Parts Waranty
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Software License Agreement:
IMPORTANT - READ CAREFULLY:
This End-User License Agreement ("License") is a legal agreement between you and Sony Corporation ("SONY"), the manufacturer of your SOFTWARE. The SOFTWARE includes computer software, and any associated media and printed materials. You may use the SOFTWARE only in connection with the use of the personal computer (hereinafter referred to as SYSTEM). By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, SONY is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you should promptly contact SONY for instructions on return of the unused product for a refund of the purchase price of the SOFTWARE.
SOFTWARE LICENSE:
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE:
This License grants you the following rights:
- Software. You may install and use one (1) copy of the SOFTWARE.
- Back-up Copy. You may use a back-up copy solely for archival purposes.
MPEG-4 VISUAL PATENT PORTOFOLIO LICENSE:
MPEG-4 Encoding products are licensed under the MPEG-4 Visual Patent Portfolio License(i) for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 visual standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license will be granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com for more information.
DESCRIPTION OF OTHER RIGHTS LIMITATIONS
- Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.
- Single SYSTEM. The SOFTWARE is licensed with the SYSTEM as a single integrated product. The SOFTWARE may only be used with the SYSTEM specified by SONY.
- Rental. You may not rent or lease the SOFTWARE.
- Software Transfer. You may transfer all of your rights under this License only as part of a sale or transfer of the SYSTEM specified by SONY, provided you retain no copies, transfer all of the SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades
of the SOFTWARE and this License), and the recipient agrees to the terms of this License.
- Termination. Without prejudice to any other rights, SONY may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
COPYRIGHT:
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by SONY or its suppliers. All rights not specifically granted under this License are reserved by SONY.
PRODUCT SUPPORT:
Product support for the SOFTWARE is not provided by SONY.
LIMITED WARRANTY FOR CD-ROM MEDIA:
SONY warrants that for a period of ninety (90) days from the date of its delivery to you the CD-ROM media on which the copy of the SOFTWARE is furnished to you will be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. SONY's entire liability and your exclusive remedy will be replacement of the CD-ROM media not meeting SONY's limited warranty and which is returned to SONY with proof of purchase in the form of a bill of sale (which is evidence that the CD-ROM media is within the warranty period). SONY will have no responsibility to replace a disk damaged by accident, abuse or misapplication.
EXCLUSION OF WARRANTY ON SONY SOFTWARE:
You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE is provided "AS IS" and without warranty of any kind and SONY and its representative (hereinafter collectively referred to as SONY) EXPRESSLY DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (NOT SONY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY:
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 THIS PRODUCT. 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 PURCHASER'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 BY YOU ALLOCABLE TO THE SOFTWARE.
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