DSC-HX20V End User License Agreement

 

Please read all information thoroughly before downloading and installing any files.


YOU SHOULD CAREFULLY READ THE FOLLOWING END-USER AGREEMENT FOR SONY UPDATE SOFTWARE (“AGREEMENT”) BEFORE EXECUTING THIS SOFTWARE UPDATE. DOWNLOADING THE UPDATE FILES OF SOFTWARE (“SOFTWARE”) INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

Notwithstanding the foregoing, you acknowledge that the SOFTWARE includes software subject to other terms and conditions governing the use of such software other than this AGREEMENT (“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. Terms and conditions applicable to OPEN SOURCE COMPONENTS are provided to you together with this AGREEMENT.
To the extent required by the licenses covering OPEN SOURCE COMPONENTS, the terms of such licenses will apply in lieu of the terms of this AGREEMENT. To the extent the terms of the licenses applicable to OPEN SOURCE COMPONENTS prohibit any of the restrictions in this AGREEMENT with respect to such OPEN SOURCE COMPONENTS, such restrictions will not apply to such OPEN SOURCE COMPONENT. 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.

END-USER AGREEMENT FOR SONY UPDATE SOFTWARE


1. Outline of the SOFTWARE
The SOFTWARE is the updater for the firmware of Sony digital still camera products, DSC-HX20V (collectively as “PRODUCTS”). If you do not own or use the PRODUCT, you shall refrain from downloading and using the SOFTWARE.

2. Copyright and License
All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by Sony Corporation (“SONY”) or its suppliers. All rights not specifically granted under this AGREEMENT are reserved by SONY.

3. License and Restrictions
(1) You may use one copy of the SOFTWARE on your computer solely for updating the firmware of the PRODUCT.
(2) To the extent that such restrictions are not prohibited by applicable laws, you may not modify, reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.

4. Executing the SOFTWARE Update(1) Please follow the instruction shown on this web page to download the SOFTWARE and to update the firmware of the PRODUCT.
(2) The license fee for the SOFTWARE is free, but you will procure a computer, memory card and other peripherals and bear expenses of communication and electricity needed for the updating.

5. NO WARRANTY AND LIMITATION OF LIABILITY
(1) You may acknowledge and agree that the updating by the SOFTWARE shall not mean to correct or fix all bugs or other defects (if any) of the firmware of the PRODUCT.
(2) THE SOFTWARE IS PROVIDED BY SONY HEREUNDER ON AN "AS IS" BASIS, AND UNLESS OTHER TERMS AND CONDITIONS ARE EXPRESSLY SET FORTH BY SONY IN WRITING AND TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS AND REGULATIONS, NO WAARNTY IS EXTENDED WHATSOVER.
(3) HEREINAFTER, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "SONY". TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS AND REGULATIONS, SONY SHALL NOT BE LIABLE FOR ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF CLAIM, DEMAND OR ACTION, ALLEGING ANY LOSS OR DAMAGES, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS UPDATE SERVICE AND/OR THE SOFTWARE EXCEPT IN THE EVENT OF DEATH, PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY SONY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, 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 SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SAVE FOR THE CASE OF DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY SONY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THAT IS ALLOCABLE TO THEFIRMWARE. 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.

6. Miscellaneous
(1) The terms and conditions of the repairing the PRODUCT set forth by Sony in the warranty card of the PRODUCT will be applied in case any defect is found after the updating by the SOFTWARE.
(2) This AGREEMENT shall be governed by the laws of Japan, without regards to conflict of laws’ provisions. The parties hereby consent to submit to the non-exclusive jurisdiction of the courts of Japan.
(3) These terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
(4) If any part of this AGREEMENT is held invalid or unenforceable, the other parts will remain valid.

7. Government end users restricted rights
If the SOFTWARE is being acquired by or on behalf of the United States government or any other governmental entity in any country 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, and is licensed in accordance with this AGREEMENT. Manufacturer is Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo, Japan.


Software License Information


Certain OPEN SOURCE COMPONENTS are licensed pursuant to GNU General Public License or Lesser General Public License. This establishes that the Customers have the right to acquire, modify and redistribute the source code of said software in accordance with the terms of the GNU General Public License or Lesser General Public License.
The source code for the software is available on the Web. To download, please access the following URL:
http://www.sony.net/Products/Linux
Please note that Sony cannot answer or respond to any inquiries regarding the content of the source code.


Notice on Apache Licensed Software

The software specified below included in the Software is licensed pursuant to Apache License, Version 2.0.

(Package List)
mDNSResponder-108.6 (mDNSResponderPosix only)


Apache License, Version 2.0

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition,

"control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.


2. Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.


4. Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.


5. Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.


6. Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.


7. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.


8. Limitation of Liability.

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.


9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.


END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License");

you may not use this file except in compliance with the License.

You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

See the License for the specific language governing permissions and limitations under the License.