BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA, IN PARTICULAR, LIMITATIONS ON LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.
This EULA is a legal agreement between (i) you and any entity you represent (if any) (collectively “you”) and (ii) Sony Thermo Technology Inc. (“SONY”). This EULA governs your rights and obligations regarding the REON POCKET software of SONY and/or its third party licensors (including, but not limited to, SONY’s affiliates) and their respective affiliates (collectively, the “THIRD-PARTY SUPPLIERS”), together with any updates/upgrades, any printed, on-line or other electronic documentation for such software and any data files, each provided by SONY or the THIRD-PARTY SUPPLIERS through the product packaging, SONY’s websites or other relevant online means, or created by operation of such software (collectively, the “SOFTWARE”).
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end user license agreement (including, but not limited to, GNU General Public license and Lesser/Library General Public License) shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“EXCLUDED SOFTWARE”).
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other intellectual property laws and international treaties.
All right and title in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text and “applets” and other content incorporated into the SOFTWARE) is owned by SONY or one or more of the THIRD-PARTY SUPPLIERS.
SONY grants you a limited, non-exclusive, non-transferable license to use the SOFTWARE solely in connection with your compatible device (including, but not limited to, SONY’s products which the SOFTWARE is embedded in or bundled with) (“DEVICE”) solely in accordance with this EULA and the usage instructions as may be made available to you by SONY or the THIRD-PARTY SUPPLIERS. If you are a consumer, the foregoing license is for your personal and domestic use only; if you are a business customer, it is for your internal business use only. SONY and the THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you.
You shall not, nor shall you cause or permit any third party to, take any of the following actions:
Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include EXCLUDED SOFTWARE. Certain EXCLUDED SOFTWARE may be covered by open source software licenses (“OPEN SOURCE COMPONENTS”), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including, but not limited to, any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. If and to the extent disclosure is required, please visit oss.sony.net/Products/Linux or other SONY-designated web site for a list of applicable OPEN SOURCE COMPONENTS included in the SOFTWARE from time to time, and the applicable terms and conditions governing its use. Such terms and conditions may be changed by the applicable third party at any time without liability to you. To the extent required by the licenses covering EXCLUDED SOFTWARE, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to EXCLUDED SOFTWARE prohibit any of the restrictions in this EULA with respect to such EXCLUDED SOFTWARE, such restrictions will not apply to such EXCLUDED SOFTWARE. To the extent the terms of the licenses applicable to OPEN SOURCE COMPONENTS require SONY to make an offer to provide source code in connection with the SOFTWARE, such offer is hereby made.
The SOFTWARE may be capable of being used by you to view, store, process and/or use content created by you and/or third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You acknowledge and agree that SONY may take appropriate measures to protect content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, refusal to accept your request to enable backup and restoration of content through certain SOFTWARE features, and termination of this EULA in the event of your illegitimate use of the SOFTWARE.
PLEASE NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH THIRD-PARTY CONTENTS AND/OR SERVICES. USE OF SUCH CONTENTS AND/OR SERVICES MAY BE SUBJECT TO THE TERMS OF USE STIPULATED BY THIRD PARTIES. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE SOFTWARE WILL BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN CONTENTS AND SERVICES AVAILABLE THROUGH THE SOFTWARE MAY BE PROVIDED BY THIRD PARTIES OVER WHICH SONY HAS NO CONTROL. SONY ASSUMES NO LIABILITY TO YOU FOR ANY SUCH CONTENTS OR SERVICES. THE THIRD-PARTY CONTENTS AND/OR SERVICES MAY BE MODIFIED OR DISCONTINUED AT ANY TIME.
You acknowledge and agree that access to certain SOFTWARE features may require an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any fees associated with your Internet connection, including, but not limited to, Internet service provider or airtime charges. Operation of the SOFTWARE may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are your responsibility or that of the third party providing such service.
You agree to comply with all applicable export and re-export restrictions and regulations of the area or country in which you reside or use the SOFTWARE, and not to transfer, or authorize the transfer, of the SOFTWARE to any destination, entity or person in violation of any such restrictions or regulations.
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”). To the extent permitted by applicable laws, 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.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES. THE EXCLUSIONS SET FORTH BELOW IN THIS SECTION ARE NOT INTENDED TO EXCLUDE, RESTRICT OR MODIFY YOUR STATUTORY RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION.
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, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONY DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED OR UNMODIFIED, (B) THAT THE SOFTWARE WILL BE UPDATED OR CORRECTED, (C) THAT THE SOFTWARE AS USED BY ITSELF OR IN CONJUNCTION WITH OTHER DEVICES, SYSTEMS OR NETWORKS WILL BE COMPLETELY SECURE AGAINST CYBER THREATS, (D) THAT ANY SOFTWARE, CONTENTS, SERVICES OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR AN AUTHORIZED REPRESENTATIVE OF SONY SHALL CREATE A WARRANTY, DUTY OR CONDITION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE LIMITATIONS SET FORTH BELOW IN THIS SECTION MAY NOT APPLY TO YOU AND NOT EXCLUDE, RESTRICT OR MODIFY YOUR RIGHTS TO THE EXTENT THEY ARE CONTRARY TO APPLICABLE LAW IN YOUR JURISDICTION OR LIMITS LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
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, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR 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 LOSSES OR 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 SOFTWARE, SONY’S PRODUCT WHICH THE SOFTWARE IS EMBEDDED IN OR BUNDLED WITH AND/OR SONY’S SERVICE TO WHICH THE SOFTWARE IS DEDICATED.
FOR THE PURPOSES OF THIS SECTION, IF YOU ARE A CONSUMER, ONLY THE FOLLOWING APPLIES TO YOU:
From time to time, SONY or the THIRD-PARTY SUPPLIERS may automatically update or otherwise modify the SOFTWARE 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. SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. You are solely responsible for any consequences resulting from your failure to use the latest version of the SOFTWARE that SONY has made available to you. Any updates/modifications shall be deemed to be, and shall constitute part of, the SOFTWARE for purposes of this EULA.
This EULA (and SONY’s applicable privacy policy separately presented to you, if any), as amended and modified from time to time, constitute the entire agreement(s) 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.
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 England, save to the extent European or national laws in the country in which the SOFTWARE was supplied or purchased provide otherwise (where you have acquired the SOFTWARE as a consumer). Any dispute arising out of this EULA shall be subject to the jurisdiction of the courts of England or the European country in which you are domiciled.
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.
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”.
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE DISCRETION BY POSTING NOTICE ON A SONY DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you should promptly contact SONY for instructions. Your continued use of the SOFTWARE after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.
Each THIRD-PARTY SUPPLIER is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this EULA with respect to the software of such party.
Should you return your DEVICE to its place of purchase, sell or otherwise transfer your DEVICE, or if this EULA is terminated, you are responsible for and must, if reasonably possible, uninstall the SOFTWARE from the DEVICE and delete any and all accounts you may have established on DEVICE or are accessible through the SOFTWARE. You are solely responsible for maintaining the confidentiality of any accounts you have with SONY or third parties and any usernames and passwords associated with your use of the DEVICE.
Should you have any questions concerning this EULA, you may contact SONY by writing to SONY at the applicable contact address for each area or country.