END-USER LICENSE AGREEMENT FOR THE SOFTWARE
THE FOLLOWING END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND SONY CORPORATION ("Sony").
INSTALLING OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THE SOFTWARE. The SOFTWARE includes upgrade product provided by Sony from time to time.
GENERAL
Sony grants you a non-exclusive and non-transferable license to use the Software under the terms and conditions of this Agreement.
LICENSE
1. This Agreement allows you to install the Software in your personal computer and use the Software.
2. YOU AGREE NOT TO COPY, MODIFY, OR ALTER THE SOFTWARE IN WHOLE OR IN PART.
3. You may not USE the SOFTWARE FOR any commercial purpose.
TERM OF LICENSE
1. YOU AGREE NOT TO TRANSFER OR LICENSE THE SOFTWARE IN WHOLE OR IN PART, TO ANY THIRD PARTY.
2. YOU may not reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.
RIGHT
Sony owns all right, title and interest, including but not limited to, all copyrights, trade secret and other intellectual property, in and to the Software.
EXCLUSIONS OF WARRANTIES
THE SOFTWARE ARE FURNISHED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. SONY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SONY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE SOFTWARE IS FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY WILL NOT BE LIABLE, AND YOU WILL HAVE NO REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, CONCERNING YOUR USE OF THE SOFTWARE, REGARDLESS OF LEGAL THEORY, AND WHETHER ARISING OUT OF TORT OR CONTRACT. IN NO EVENT WILL SONY BE LIABLE TO YOU 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 WITH RESPECT TO THE SOFTWARE.
TERMINATION
Sony may terminate this Agreement and claim damages against you as soon as you fail to comply with this Agreement. In addition, upon termination you will have no recourse against Sony for your inability to use the Software.
DESTRUCTION
Upon termination of this Agreement, you must destroy the Software within two(2) weeks after such termination and submit the documents evidencing such destruction, if Sony requests them.
NOTICE
THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE 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 IS 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
MISCELLANEOUS
1. Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, or allow limitations on implied warranties, so the above exclusions and limitations may not apply to you as written. However, in those instances, you agree that the above exclusions and limitations are enforceable to the fullest extent permitted by the law of that jurisdiction and the governing law referred to below.
2. If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid.
3. This Agreement will be governed by the laws of Japan.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN YOU AND SONY CONCERNING THE SOFTWARE AND THAT IT SUPERSEDES ANY DEMONSTRATION, ADVERTISEMENT, PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SONY OR BETWEEN YOU AND ANY OTHER PARTY RELATING TO THE SOFTWARE.