89
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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
