YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THIS SOFTWARE. CLICKING “AGREE” BUTTON AT THE BOTTOM OF THIS AGREEMENT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you and Sony Corporation ("SONY"), the manufacturer of hard disc recording unit HVR-DR60 and a memory recording unit HVR-MRC1 (“HARDWARE”).

The software named as Sony Recording Unit Utility downloaded from this website or provided as updates/upgrades as well as related services shall be referred to herein as the “SOFTWARE”. This EULA covers only the SOFTWARE. The SOFTWARE includes computer software, the associated media, any printed materials, and any "on-line" or electronic documentation, as well as SONY-supplied or authorized updates/upgrades thereto. You may use the SOFTWARE only in connection with the use of the HARDWARE.

By clicking the “AGREE” button at the bottom of this EULA, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, SONY is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE is licensed, not sold.

GRANT OF LICENSE

This License grants you the following rights:

You may install and use the SOFTWARE on your computer in connection with the use of the HARDWARE.

DESCRIPTION OF REQUIREMENTS, RESTRICTIONS, RIGHTS AND LIMITATIONS

You may not use the SOFTWARE over a network or distribute the SOFTWARE to other computers over a network except as specifically described in documentation provided with the SOFTWARE.

You may make one back-up copy of SOFTWARE solely for recovery purposes.

You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.

The SOFTWARE is licensed as a single product.  Its component parts may not be separated for use on more than one computer unless expressly authorized by Sony.

The SOFTWARE may create data files automatically for use with the SOFTWARE.  Any such data files will be deemed as part of the SOFTWARE.

The SOFTWARE is licensed with the HARDWARE as a single integrated product. The SOFTWARE may only be used with the HARDWARE except as specifically described in documentation provided with the SOFTWARE.

You may not rent or lease the SOFTWARE.

You may not transfer any of your rights to the SOFTWARE granted under this EULA .

Without prejudice to any other rights, SONY may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.  The provisions in Sections of “COPYRIGHT,” “USE OF SOFTWARE WITH COPYRIGHTED MATERIALS,” “HIGH RISK ACTIVITIES,” “EXCLUSION OF WARRANTY ON SOFTWARE,” “LIMITATION OF LIABILITY,” “INDEMNIFICATION,” “SEVERABILITY,” “GOVERNING LAW AND JURISDICTION,” “THIRD PARTY BENEFICIARY” of this EULA shall survive any expiration or termination of this EULA.

You agree to keep information contained in SOFTWARE which is not publicly known confidential to yourself, and not to disclose such information to others without SONY's prior written approval.

COPYRIGHT

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 or its suppliers.  All rights not specifically granted under this EULA are reserved by SONY or its suppliers, as appropriate.

USE OF SOFTWARE WITH COPYRIGHTED MATERIALS

The SOFTWARE is capable of being used by you to store, process and use content created by you and 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 agree that SONY may take appropriate measures to protect copyright and other rights of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this EULA in the event of your illegitimate use of the SOFTWARE.

HIGH RISK ACTIVITIES

The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use 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").  SONY and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

EXCLUSION OF WARRANTY ON SOFTWARE

You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk.  The SOFTWARE is provided "AS IS" and without warranty of any kind and SONY and SONY's licensors (for the purpose of this “EXLUSION OF WARRANTY ON SOFTWARE” section, SONY and SONY's licensors shall be collectively referred to as "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.  FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS 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 A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.  SHOULD THE SOFTWARE PROVE DEFECTIVE YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Without limiting the foregoing, it is specifically provided that SOFTWARE is not designed or intended for use on any OS other than such versions of such OS as specified in documentation provided with the SOFTWARE. SONY provides no warranty that any computer hardware, content and data created by you or a third party, and software will not be damaged by the SOFTWARE or any data you download using the SOFTWARE. You expressly acknowledge and agree that use of SOFTWARE is at your sole risk and you are responsible for installation of the SOFTWARE and use of the SOFTWARE on your computer.

LIMITATION OF LIABILITY

FOR THE PURPOSE OF THIS “LIMITATION OF LIABILITY” SECTION, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "SONY".  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 ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE.  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, SONY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE HARDWARE.  SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS (FOR THE PURPOSE OF THIS “INDEMNIFICATION” SECTION, SUCH PARTIES SHALL BE COLLECTIVELY REFERRED TO AS “SONY”) AND HOLD SONY HARMLESS FROM AND AGAINST ALL LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, FEES OF ATTORNEYS AND/OR OTHER PROFESSIONALS, SUFFERED OR INCURRED BY SONY AS THE RESULT OF OR IN CONNECTION WITH ANY CLAIM OR ACTION THAT THE USE OF THE SOFTWARE BY YOU INFRINGES ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER RIGHTS OF ANY THIRD PARTY.

SEVERABILITY

If any part of this EULA is held invalid or unenforceable, the other parts will remain valid.

GOVERNING LAW AND JURISDICTION

This EULA shall be governed by the laws of Japan, without regards to conflict of laws provisions. Any dispute arising out of this EULA shall be subject to the exclusive venue of Tokyo District Court, and the parties hereby consent to the venue and jurisdiction of such courts.

AMENDMENT OF EULA

SONY RESERVES THE RIGHT TO AMEND THE SPECIFIC TERMS OF THE LICENSE REGARDING THE SOFTWARE AT ITS SOLE DISCRETION BY NOTICE TO YOU AT THE E-MAIL ADDRESS YOU HAVE PROVIDED TO SONY AS PART OF YOUR REGISTRATION, OR ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the terms to be amended, which shall be notified to you by SONY before they take effect, you must delete the entire SOFTWARE. Your continued use of the SOFTWARE after notice shall be deemed agreement to be bound by such amendment.

THIRD PARTY BENEFICIARY

For all purposes of this EULA, each of Sony’s third party licensors of any of the SOFTWARE (if any) shall be expressly deemed an intended third party beneficiary of this EULA and shall have the right to enforce the terms and conditions of this EULA.

Should you have any questions concerning this EULA or this limited warranty, you may contact SONY by writing to SONY at [____].