PlayMemories CameraApps Terms and Conditions Version 1.4 (May 20th, 2016)
This Terms and Conditions (“Application Terms and Conditions”) set forth the terms and conditions of PlayMemories CameraApps (“Application”), application software made by Sony Electronics Inc. (“Sony”). PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE APPLICATION. YOU WILL BE REQUIRED TO ACCEPT THIS TERMS AND CONDITIONS IN ORDER TO USE THE APPLICATION. (Hereinafter, the word “User” means an individual who agreed to the Application Terms and Conditions.)
Section 1 (Download/Purchase)
The Application is distributed by Sony Interactive Entertainment Network America LLC (“SIENA”). The User shall download and/or purchase the Application subject to the terms and conditions and other procedures separately set forth and/or designated by SIENA.
Section 2 (Application)
a. The Application is application software related to camera functions which runs on the Sony’s consumer digital imaging products (“Products”).
b. User may download the Applications available through the website provided under the name of “PlayMemories CameraApps” (“Site”) to the Products and may use such Applications on such Products.
c. Each Application provided on the Site may be offered with or without consideration, and may be unique to a certain model of the Products. The Application offered without consideration include evaluation version (“BETA Application”). Users may download such BETA Application from certain page prepared for the BETA Application. Neither Sony nor SIENA will provide any support regarding BETA Application to User.
d. Some functions of the Application work in combination with certain other network services provided by SIENA, Sony or a third party. If User wishes to use such functions, User may need to subscribe to such network service at User’s own costs and expenses.
e. Sony may, without any prior notice to Users, add, update or change the Application or suspend or terminate the Application.
f. The Application is available for individuals who are United States residents only.
Section 3 (License of Use)
a. Sony hereby grants User a non-exclusive, non-transferable right to use the Application downloaded to the Product by User, subject to and in accordance with the Application Terms and Conditions.
b. The license granted in Section 3.a shall not be transferrable to any third parties. If User wishes to transfer the Product on which one or more Applications are downloaded, User will delete all of such Applications.
c. Components of the Application may be subject to the Open Source Software License. In the event that the Application Terms and Conditions contradict such Open Source Software License, such Open Source Software License will take precedence with respect only to such component. The Open Source Software License will include, but not limited to, GNU General Public License (GPL) and GNU Lesser/Library General Public License (LGPL).
Section 4 (User’s Responsibility)
a. User will be solely responsible for any actions taken by Users in the course of using the Application(s) and for any results thereof.
b. User will be solely responsible for storing of the downloaded Application(s).
c. User will deal with any inquiry or claim made by any third parties in connection with its use of the Application at User’s own cost, expense and responsibility.
d. User agrees to indemnify, defend, and hold Sony and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by User of the Application Terms and Conditions or the foregoing representations, warranties, and covenants. User will cooperate as fully as reasonably required in Sony's defense of any claim. Sony reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of Sony.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
•Download the Application
•Ask us to contact you in any way
•Send in any information
•Enter any contest or game that requires information about you or offers a prize
•Join any club or group
•Post any information on any bulletin board or enter any chatroom or
•Buy anything online
Section 5 (Code of Conduct)
In the course of its use of the Application, User agrees not to:
(i) commit an act which will or will likely violate Sony’s or third party’s copyright, trademark or other intellectual property, asset, privacy, right of publicity or any other rights;
(ii) change, modify, falsify, reverse-engineer, decompile, disassemble or delete the Applications or any other Sony’s or third party’s information, data or software made available through the Application;
(iii) send harmful computer programs or the like or made them receivable by any third parties;
(iv) use the Application for commercial purposes without Sony’s prior written approval;
(v) commit an act which will or will likely violate any applicable laws or public order and morality, or cause damages or detriments to Sony or any third parties; and
(ix) commit an act which will or will likely otherwise violate the Application Terms and Conditions.
Section 6 (Intellectual Property Rights)
All right, title and interest (including all intellectual property rights) in and to the Application and any other information, software, contents and the like made available for Users through the Application (collectively, “Contents”) shall be retained by Sony or third parties who own such right, title or interest. Unless otherwise agreed under an applicable license agreement or permitted by copyright laws or any other applicable laws, User may not copy, modify or distribute, or have anyone copy, modify or distribute, the Contents without obtaining Sony’s or such third party’s prior consent.
Section 7 (Disclaimer)
Disclaimer of Warranties and Damages; Limitation of Liability
USER USE OF THE APPLICATION IS AT USER’S OWN RISK. THE APPLICATION (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE APPLICATION, SONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE CONNECTION THAT MAKES THE APPLICATION AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR PRODUCT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE APPLICATION.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S NEGLIGENCE, SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE APPLICATION, EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SONY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONY EXPRESSLY DISCLAIMS THE EXTENTION OF THE WARRANTY PERIOD OF THE PRODUCTS EVEN IF USER DOWNLAODS THE APPLICATION TO THE PRODUCT.
Section 8 (Feedback)
a. User may provide Sony with information, suggestions and feedback regarding the Application (“Feedback”) through certain pages prepared within the download page of Application.
b. If User sends any Feedback to the Application by within the Application or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, User gives up any claim that any use of such Feedback violates any of User’s rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Sony uses such material. Any Feedback submitted to this Application may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Sony anywhere in the world, in any medium, forever. Furthermore, Sony is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any Feedback you send to the Application for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, User agrees and understands that Sony is not obligated to use any such ideas or materials, and User has no rights to compel such use.
c. User agrees to assign and hereby does assign all right, title and interest including all intellectual property rights, in and to any Feedback to Sony. Sony shall have the unrestricted and irrevocable right to use such Feedback for any and all business activities of Sony, its subsidiaries and other affiliates.
d. Sony has no obligation to respond to any Feedback provided by User.
Section 8 (Change of the Application Terms and Conditions)
a. Sony may amend, change or remove any part of the Application Terms and Conditions at any time at its sole discretion, without notice. Any changes to the Application Terms and Conditions apply as soon as they are posted. By continuing to use the Application after any changes are posted, User is indicating User’s acceptance of those changes. Sony may add, change, discontinue, remove, or suspend any other content in the Application, including features and specifications of products described or depicted on the Application, temporarily or permanently, at any time, without notice and without liability.
Section 9 (Facilities)
User will prepare the Products, personal computers, network facilities, software and any other facilities necessary for Users to use the Application at itUser’s own cost, expense and on responsibility.
Section 10 (Assignment)
Sony may, at its sole discretion, assign all of its rights and obligations under the Application Terms and Conditions to any of Sony’s affiliates without obtaining Users’ prior consent.
Section 11 (Miscellaneous)
a. If a court of competent jurisdiction holds that any provision of the Application Terms and Conditions are illegal, unenforceable or contrary to law, such provision shall be construed as nearly as possible to reflect the original intent of the Application Terms and Conditions, with all other provisions remaining in full force and effect.
b. The Application Terms and Conditions and any additional terms together constitute the entire agreement between Sony and User with respect to User’s use of the Application. Any cause of action you may have with respect to your use of the Application must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Application Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of the Application Terms and Conditions shall continue in full force and effect. The Application Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.