Table des Matières
Publicité
165
000
11. Annexe : Caractéristiques techniques
of the SOFTWARE to a prohibited country or otherwise in
violation of any such restrictions or regulations.
HIGH RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems,
in which the failure of the SOFTWARE could lead to death,
personal injury, or severe physical or environmental damage
("HIGH RISK ACTIVITIES"). SONY, each of the THIRD-PARTY
SUPPLIERS, and each of their respective affiliates specifically
disclaim any express or implied warranty, duty or condition
of fitness for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the SOFTWARE
is at your sole risk and that you are responsible for use of
the SOFTWARE. The SOFTWARE is provided "AS IS, " without
warranty, duty or condition of any kind.
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for
purposes of this Section, SONY and each of the THIRD-
PARTY SUPPLIERS shall be collectively referred to as
"SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES
OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR
A PARTICULAR PURPOSE. SONY DOES NOT WARRANT OR
MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT
THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL
BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE
SOFTWARE WILL BE CORRECT OR ERROR-FREE OR THAT ANY
DEFECTS WILL BE CORRECTED, (C) THAT THE SOFTWARE
WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE
OR DATA, (D) THAT ANY SOFTWARE, NETWORK SERVICES
(INCLUDING THE INTERNET) OR PRODUCTS (OTHER
THAN THE SOFTWARE) UPON WHICH THE SOFTWARE'S
PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE,
UNINTERRUPTED OR UNMODIFIED, AND (E) 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 OR AN AUTHORIZED REPRESENTATIVE OF SONY
SHALL CREATE A WARRANTY, DUTY OR CONDITION OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for
purposes of this Section, SONY and each of the THIRD-PARTY
SUPPLIERS shall be collectively referred to as "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 UNDER ANY OTHER LEGAL THEORY RELATED
TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY
DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF
REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE
OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S
TIME, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH AND
ALL OF THEIR AGGREGATE LIABILITY UNDER ANY PROVISION
OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY
PAID FOR THE PRODUCT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL
INFORMATION, LOCATION DATA, DATA SECURITY
You acknowledge and agree that SONY and its affiliates,
partners and agents may read, collect, transfer, process and
store certain information collected from the SOFTWARE,
including but not limited to information about (i) the
SOFTWARE and (ii) the software applications, contents and
peripheral devices that interact with your camcorder and the
SOFTWARE ("Information"). Information includes, but is not
limited to: (1) unique identifiers relating to your camcorder
and its components; (2) performance of the camcorder, the
SOFTWARE and their components; (3) configurations of your
camcorder, the SOFTWARE and the software applications,
contents and peripheral devices that interact with the
camcorder and the SOFTWARE; (4) use and frequency of use
of the functions of (x) the SOFTWARE, and (y) the software
applications, contents and peripheral devices that interact
with the SOFTWARE; and (5) location data, as indicated
below. SONY and its affiliates, partners and agents may use
and disclose Information subject to applicable laws in order
to improve its products and services or to provide products
or services to you. Such uses include, but are not limited
to: (a) administering the functionalities of the SOFTWARE;
(b) to improve, service, update or upgrade the SOFTWARE;
(c) improving, developing and enhancing the current and
future products and services of SONY and other parties; (d)
to provide you with information about the products and
services offered by SONY and other parties; (e) complying
with applicable laws or regulations; and (f ) to the extent
offered, providing you with location-based services of SONY
and other parties, as indicated below. In addition, SONY
retains the right to use Information to protect itself and third
parties from illegal, criminal or harmful conduct.
Certain services available through the SOFTWARE may rely
upon location information, including, but not limited to, the
geographic location of the camcorder. You acknowledge that
for the purpose of providing such services, SONY, the THIRD-
PARTY SUPPLIERS or their partners may collect, archive,
process and use such location data, and that such services
are governed by the privacy policies of SONY or such third
party. By using any such services, you agree that you have
reviewed the privacy policies applicable to such services and
consent to such activities.
SONY, its affiliates, partners and agents will not intentionally
use Information to personally identify the owner or user of
the SOFTWARE without your knowledge or consent. Any use
of Information will be in accordance with the privacy policies
of SONY or such third party. Please contact applicable
contact address of each area or country for SONY's current
privacy policy.
Please contact applicable third parties for privacy policies
relating to personally identifiable and other information
you provide when you use or access third party software or
services.
Information may be processed, stored or transferred to
SONY, its affiliates or agents which are located in countries
outside of your country of residence. Data protection and
information privacy laws in certain countries may not offer
the same level of protection as your country of residence and
you may have fewer legal rights in relation to Information
processed and stored in, or transferred to, such countries.
SONY will use reasonable efforts to take appropriate
technical and organizational steps to prevent unauthorized
access to or disclosure of Information, but does not warrant it
will eliminate all risk of misuse of such Information.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-PARTY SUPPLIERS may
automatically update or otherwise modify the SOFTWARE,
including, but not limited to, for purposes of enhancement
of security functions, error correction and improvement of
functions, at such time as you interact with SONY's or third
parties' servers, or otherwise. Such updates or modifications
may delete or change the nature of features or other
aspects of the SOFTWARE, including, but not limited to,
functions you may rely upon. You acknowledge and agree
that such activities may occur at SONY's sole discretion and
that SONY may condition continued use of the SOFTWARE
upon your complete installation or acceptance of such
update or modifications. Any updates/modifications shall be
deemed to be, and shall constitute part of, the SOFTWARE
for purposes of this EULA. By acceptance of this EULA, you
consent to such update/ modification.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SONY's privacy policy, each as amended and
modified from time to time, together constitute the entire
agreement between you and SONY with respect to the
SOFTWARE. The failure of SONY to exercise or enforce any
right or provision of this EULA shall not constitute a waiver of
such right or provision. If any part of this EULA is held invalid,
illegal, or unenforceable, that provision shall be enforced to
the maximum extent permissible so as to maintain the intent
of this EULA, and the other parts will remain in full force and
effect.
GOVERNING LAW AND JURISDICTION
The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this EULA.
This EULA shall be governed by the laws of Japan, without
regards to conflict of laws provisions. Any dispute arising out
of this EULA shall be subject to the exclusive venue of the
Tokyo District Court in Japan, and the parties hereby consent
to the venue and jurisdiction of such courts.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA to the
contrary, you acknowledge and agree that any violation of or
non-compliance with this EULA by you will cause irreparable
harm to SONY, for which monetary damages would be
inadequate, and you consent to SONY obtaining any
injunctive or equitable relief that SONY deems necessary or
appropriate in such circumstances. SONY may also take any
legal and technical remedies to prevent violation of and/or
to enforce this EULA, including, but not limited to, immediate
termination of your use of the SOFTWARE, if SONY believes
in its sole discretion that you are violating or intend to
violate this EULA. These remedies are in addition to any other
remedies SONY may have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY may
terminate this EULA if you fail to comply with any of its terms.
In case of such termination, you must: (i) cease all use, and
destroy any copies, of the SOFTWARE; (ii) comply with the
requirements in the section below entitled "Your Account
Responsibilities".
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