DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING
OUT OF YOUR USE OF OR INABILITY TO
USE THE SOFTWARE, ANY DEFECT IN
THE SOFTWARE, OR THE BREACH OF THE
TERMS AND CONDITIONS, WHETHER IN
AN ACTION IN CONTRACT OR TORT OR
BASED ON A WARRANTY, EVEN IF SONY
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES EXCEPT IN THE EVENT OF
SONY'S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, OF DEATH OR PERSONAL
INJURY, AND OF DAMAGES DUE TO THE
DEFECTIVE NATURE OF THE PRODUCT.
IN ANY CASE, SAVE FOR THE FOREGOING
EXCEPTIONS, SONY'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS LICENSE
SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID ALLOCATABLE TO THE
SOFTWARE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION
OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
PROHIBITION ON EXPORT
YOU ACKNOWLEDGE THAT THE USE OF
THE SOFTWARE IN SOME COUNTRIES,
REGIONS, AREAS OR FACILITIES, OR THE
EXPORT OF THE PRODUCTS FROM THE
COUNTRY WHERE SUCH PRODUCTS
ARE DESIGNED TO BE SOLD, MAY BE
RESTRICTED OR PROHIBITED. YOU AGREE
TO USE THE SOFTWARE OR EXPORT
THE PRODUCTS IN ACCORDANCE WITH
THE APPLICABLE LAWS, ORDINANCES,
RULES AND REGULATIONS OF RELEVANT
COUNTRIES, REGIONS, AREAS AND
FACILITIES.
SEVERABILITY
If any part of this LICENSE is held invalid or
unenforceable, the other parts will remain valid.
GOVERNING LAW AND JURISDICTION
This LICENSE shall be governed by the laws
of Japan without giving effect to its conflict
of laws provisions or the United Nations
Convention for Contracts for the International
Sale of Goods, which is expressly excluded.
Any dispute arising out of this LICENSE shall
be subject to the exclusive venue of the Tokyo
District Court, and the parties hereby consent
to the venue and jurisdiction of such court.
THE PARTIES HEREBY WAIVE TRIAL BY
GB
JURY WITH RESPECT TO ANY MATTERS
ARISING UNDER TO RELATING TO THIS
LICENSE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF THE RIGHT OF
TRIAL BY JURY, IN SUCH CASE THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
ENTIRE AGREEMENT
These terms and conditions constitute the entire
agreement between SONY and you pertaining to
the subject matter hereof, and supersedes in their
entirety any and all previously existing written or
oral agreements between us with respect to such
subject matter.
GOVERNMENT END USERS
If the SOFTWARE is being acquired by or on
behalf of the United States government or any
other entity seeking or applying rights similar to
those customarily claimed by the United States
government, such SOFTWARE is a "commercial
item" as that term is defined at 48 C.F.R. ("FAR")
2.101, is licensed in accordance with this
LICENSE, and such SOFTWARE delivered or
otherwise furnished shall be provided with the
following "Notice of Use" and shall be treated in
accordance with such notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME:
SONY CORPORATION
CONTRACTOR (MANUFACTURER/SUPPLIER)
ADDRESS: 1-7-1 Konan, Minato-ku, Tokyo, Japan
These SOWFTWARE are commercial items as
defined in FAR 2.101 and are subject to END-USER
LICENSE AGREEMENT FOR MAP DATA FOR
SONY HANDYCAM® PRODUCTS under which this
SOFTWARE was provided.
If the Contracting Officer, federal government
agency, or any federal official refuses to use the
legend provided herein, the Contracting Officer,
federal government agency, or any federal official
must notify SONY prior to seeking additional or
alternative rights in the Software.
Copyright and trademark information
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©2009 ZENRIN CO., LTD.
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