END-USER LICENSE AGREEMENT FOR SONY SOFTWARE

YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING the VAIO Update system (“VAIO Update”).  Clicking on “I Agree” indicates, YOUR ACCEPTANCE OF THE AGREEMENT.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("LICENSE") is a legal agreement between you and Sony Electronics Inc. ("SONY") relating to the  software which is made available for downloading and use  for your VAIO Personal Computer (“PRODUCT”) via VAIO Update, including software updates/upgrades (“SOFTWARE”), in connection with the use of the PRODUCT (which shall include all associated media, printed materials and any online or electronic materials provided in connection therewith). Notwithstanding the foregoing, software having a separate end user license agreement shall be covered by such a separate end user license agreement and shall be expressly excluded from SOFTWARE. By installing, copying, downloading or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, SONY is unwilling to license the SOFTWARE to you. In such event, you may not use or copy the SOFTWARE, and you should promptly contact SONY for instructions on return of the entire PRODUCT and included SOFTWARE for a refund of the purchase price of the PRODUCT.

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 non-exclusive rights:
Software.  You may install and use one copy of the SOFTWARE on your computer. Unless otherwise specified in the documentation provided with the SOFTWARE or on the SONY SITE, you may install and use such SOFTWARE on only one computer at a time.
Personal Use.  You may use the SOFTWARE for personal use only.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitation on Reverse Engineering, Decompilation and Disassembly.  You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.
Separation of Components.  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.
Storage/Network Use.  You may not use the SOFTWARE over a network or distribute the SOFTWARE to other computers over a network. 
Non-Circumvention.  You may not bypass, modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any mechanisms operatively linked to the SOFTWARE.
Trademarks and Notices.  You may not remove, alter, cover or deface any trademarks or notices on the SOFTWARE.
Data Files.  The SOFTWARE may create data files automatically for use with the SOFTWARE.  Any such data files will be deemed part of the SOFTWARE.
Rental.  You may not rent or lease the SOFTWARE.
SOFTWARE Transfer.  You may permanently transfer all of your rights under this LICENSE only if you retain no copies, transfer all of the SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades of the SOFTWARE and this LICENSE), and the recipient agrees to the terms of this LICENSE.
Dependent Software.  The software, network services or other products other than SOFTWARE upon which the SOFTWARE's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or SONY).  SONY and its suppliers do not warrant that the software, network services or other products will continue to be available, or will operate without interruption or modification.
Termination.  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 and/or erase all copies of the SOFTWARE and all of its component parts within two (2) weeks from such termination and provide SONY proof of such destruction and/or erasure. 

SURVIVAL
In the event that this LICENSE is terminated, the following sections shall survive: Termination, COPYRIGHT, EXCLUSION OF WARRANTY ON SOFTWARE, LIMITATION OF LIABILITY, SOFTWARE DATA COLLECTION AND MONITORING, SEVERABILITY, and JURY WAIVER.

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, SONY’s affiliates or their suppliers.  All rights not specifically granted under this LICENSE are reserved by SONY.

USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be 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 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 LICENSE in the event of your use of the SOFTWARE in violation of this LICENSE or applicable laws, rules or regulations.

HIGH RISK ACTIVITIES
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").  SONY, SONY’s affiliates and each of their suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

LIMITED WARRANTY ON CD-ROM/DVD-ROM MEDIA
In situations where the SOFTWARE is furnished on CD-ROM/DVD-ROM media, SONY warrants, for a period of ninety (90) days from the date of its delivery to you, the CD-ROM/DVD-ROM media against defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. SONY's entire liability and your exclusive remedy will be replacement of the CD-ROM/DVD-ROM media not meeting SONY's limited warranty and which is returned to SONY with proof of purchase in the form of a bill of sale (which is evidence that the CD-ROM/DVD-ROM media is within the warranty period). SONY will have no responsibility to replace CD-ROM/DVD-ROM media damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE CD-ROM/DVD-ROM MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

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, SONY's affiliates and their licensors (in this section, SONY, its affiliates and their licensors shall be collectively referred to as "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, 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 ERROR FREE.  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 LIMITED 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, you expressly understand that any other computer hardware, software, or data could be damaged by installing or using the SOFTWARE on your computer and that SONY is not responsible for any such damage. You are responsible for installation of the SOFTWARE and use of the SOFTWARE with your PRODUCT.

LIMITATION OF LIABILITY
SONY, (IN THIS SECTION, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS 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 ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE OR THE PRODUCT.  SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PRODUCT 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 LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE ASSOCIATED PRODUCT.  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.

SOFTWARE DATA COLLECTION AND MONITORING
The SOFTWARE contains features which may allow SONY and/or third parties to collect data from, control and/or monitor computers and devices running or interacting with the SOFTWARE. You hereby consent to such activities. SONY's current privacy policy is located at http://products.sel.sony.com/SEL/legal/privacy.html.  Please contact applicable third-parties for privacy policies related to their software and services.

AUTOMATIC UPDATE FEATURE
From time to time, SONY or third parties may automatically update or otherwise modify the SOFTWARE, including, but not limited to, 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. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such activities may occur at SONY's sole discretion and that SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the SOFTWARE for purposes of this LICENSE. By acceptance of this LICENSE, you consent to such updates/modifications. 

MODIFICATION OF LICENSE
SONY reserves the right to amend the specific terms of this LICENSE at its sole discretion by notice to you at the email address you provided to SONY as part of your registration, by posting amended terms at the SONY SITE, or any other legally recognizable form of notice. If you do not agree to the amended terms, with notice to you by SONY before they take effect, you must stop using the SOFTWARE. Your continued use of the SOFTWARE after notice shall be deemed to be your agreement to be bound by such amendment(s).

PROHIBITION ON EXPORT
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CITIZENS OF THE UNITED STATES OR CANADA, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING, WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.

U.S. GOVERNMENT RESTRICTED RIGHTS
SOFTWARE is provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the United States Government is subject to restriction as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.

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 the state or province in which you reside, without regard to conflict of law’s provisions. 

JURY TRIAL WAIVER 
THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS AGREEMENT. 
Any cause of action you may have with respect to this Agreement must be commenced within one (1) year after the claim or cause of action arises.

THIRD PARTY BENEFICIARY
For all purposes of this LICENSE, each of SONY's affiliates and third party licensors of any of the SOFTWARE shall be expressly deemed an intended third party beneficiary of this LICENSE and shall have the right to enforce the terms and conditions of this LICENSE.

Should you have any questions concerning this LICENSE or this limited warranty, you may contact SONY by writing to SONY at Sony Technical Response Center, 12451 Gateway Boulevard, Fort Myers, Florida 33913.

© Sony Electronics Inc. 2009

Version: 1.0