END USER LICENSE AGREEMENT
IMPORTANT:
BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE SOFTWARE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.
This EULA is a legal agreement between you and Sony Network Communications Inc. (“SNC”). This EULA governs your rights and obligations regarding the [Neural Network Console] software of SNC and/or its third party licensors (including SNC’s affiliates) and their respective affiliates (collectively, the “THIRD-PARTY SUPPLIERS”), together with any updates/upgrades provided by SNC, any printed, on-line or other electronic documentation for such software, and any data files created by operation of such software (collectively, the “SOFTWARE”).
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end user license agreement (including, but not limited to, GNU General Public license and Lesser/Library General Public License) shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“EXCLUDED SOFTWARE”).
The SOFTWARE shall include the following EXCLUDED SOFTWARE.
– Intel(TM) Math Kernel Library
https://software.intel.com/en-us/license/intel-simplified-software-license
– CUDA
http://docs.nvidia.com/cuda/eula/#axzz4goCOwCUn
– cuDNN software
http://docs.nvidia.com/cuda/eula/index.html#axzz4oOC1XoEU
The SOFTWARE shall include open source software. Read the “notice.html” file in the “settings” folder. You will find the term of licenses (in English).
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other intellectual property laws and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text and “applets” incorporated into the SOFTWARE) is owned by SNC or one or more of the THIRD-PARTY SUPPLIERS.
GRANT OF LICENSE
SNC grants you a limited license to use the SOFTWARE solely in connection with your compatible device (“DEVICE”) and only for non-commercial use with the exception that You are not prohibited from using the SOFTWARE to develop your new commercial software. SNC and the THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you.
REQUIREMENTS AND LIMITATIONS
You may not copy, publish, adapt, redistribute, attempt to derive source code, modify, reverse engineer, decompile, or disassemble any of the SOFTWARE, whether in whole or in part, or create any derivative works from or of the SOFTWARE unless such derivative works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with any digital rights management functionality of the SOFTWARE. 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. You may not separate any individual component of the SOFTWARE for use on more than one DEVICE unless expressly authorized to do so by SNC. You may not remove, alter, cover or deface any trademarks or notices on the SOFTWARE. You may not share, distribute, rent, lease, sublicense, assign, transfer or sell the 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 suppliers, or SNC). SNC and such suppliers do not warrant that the SOFTWARE, network services, contents or other products will continue to be available, or will operate without interruption or modification.
EXCLUDED SOFTWARE AND OPEN SOURCE COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include 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. If and to the extent disclosure is required, please visit www.sony.net/Products/Linux or other SNC-designated web site for a list of applicable OPEN SOURCE COMPONENTS included in the SOFTWARE from time to time, and the applicable terms and conditions governing its use. Such terms and conditions may be changed by the applicable third party at any time without liability to you. To the extent required by the licenses covering EXCLUDED SOFTWARE, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to EXCLUDED SOFTWARE prohibit any of the restrictions in this EULA with respect to such EXCLUDED SOFTWARE, such restrictions will not apply to such EXCLUDED SOFTWARE. To the extent the terms of the licenses applicable to Open Source Components require SNC to make an offer to provide source code in connection with the SOFTWARE, such offer is hereby made.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used by you to view, store, process and/or use content created by you and/or 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 acknowledge and agree that SNC may take appropriate measures to protect the 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, and termination of this EULA in the event of your illegitimate use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH CONTENT AVAILABLE THROUGH ONE OR MORE CONTENT SERVICES (“CONTENT SERVICE”). USE OF THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THAT CONTENT SERVICE. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE SOFTWARE WILL BE LIMITED. You acknowledge and agree that certain content and services available through the SOFTWARE may be provided by third parties over which SNC has no control. USE OF THE CONTENT SERVICE REQUIRES AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY SERVICES
You acknowledge and agree that access to certain SOFTWARE features may require an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your Internet connection, including but not limited to Internet service provider or airtime charges. Operation of the SOFTWARE may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are the sole responsibility of the third party providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export and re-export restrictions and regulations of the area or country in which you reside, and not to transfer, or authorize the transfer, of the SOFTWARE to a prohibited country or otherwise in violation of any such restrictions 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”). SNC, each of the THIRD-PARTY SUPPLIERS, and each of their respective affiliates specifically disclaim any express or implied warranty, duty or condition of fitness for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the SOFTWARE is at your sole risk and that you are responsible for use of the SOFTWARE. The SOFTWARE is provided “AS IS,” without warranty, duty or condition of any kind.
SNC AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SNC and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as “SNC”) EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SNC DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE SOFTWARE WILL BE CORRECT OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, (C) THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, (D) THAT ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED, AND (E) 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 SNC OR AN AUTHORIZED REPRESENTATIVE OF SNC SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SNC AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SNC and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as “SNC”) 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 UNDER ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF 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 ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH AND ALL OF THEIR AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT; PROVIDED, HOWEVER, THAT IT DOES NOT APPLY IF THERE IS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF SNC (EXPECT WHEN YOU ARE A CORPORATION OR A INDIVIDUAL PROPRIETOR).SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION DATA, DATA SECURITY
You acknowledge and agree that SNC and its affiliates, partners and agents may read, collect, transfer, process and store certain information collected from the SOFTWARE, including but not limited to information about (i) the SOFTWARE and (ii) the software applications, contents and peripheral devices that interact with your DEVICE and the SOFTWARE (“Information”). Information includes, but is not limited to: (1) unique identifiers relating to your DEVICE and its components; (2) performance of the DEVICE, the SOFTWARE and their components; (3) configurations of your DEVICE, the SOFTWARE and the software applications, contents and peripheral devices that interact with the DEVICE and the SOFTWARE; (4) use and frequency of use of the functions of (x) the SOFTWARE, and (y) the software applications, contents and peripheral devices that interact with the SOFTWARE; and (5) location data, as indicated below. SNC and its affiliates, partners and agents may use and disclose Information subject to applicable laws in order to improve its products and services or to provide products or services to you. Such uses include, but are not limited to: (a) administering the functionalities of the SOFTWARE; (b) to improve, service, update or upgrade the SOFTWARE; (c) improving, developing and enhancing the current and future products and services of SNC and other parties; (d) to provide you with information about the products and services offered by SNC and other parties; (e) complying with applicable laws or regulations; and (f) to the extent offered, providing you with location-based services of SNC and other parties, as indicated below. In addition, SNC retains the right to use Information to protect itself and third parties from illegal, criminal or harmful conduct.
Certain services available through the SOFTWARE may rely upon location information, including, but not limited to, the geographic location of the DEVICE. You acknowledge that for the purpose of providing such services, SNC, the THIRD-PARTY SUPPLIERS or their partners may collect, archive, process and use such location data, and that such services are governed by the privacy policies of SNC or such third party. By using any such services, you agree that you have reviewed the privacy policies applicable to such services and consent to such activities.
SNC, its affiliates, partners and agents will not intentionally use Information to personally identify the owner or user of the SOFTWARE without your knowledge or consent. Any use of Information will be in accordance with the privacy policies of SNC or such third party. Please contact applicable contact address of each area or country for SNC’s current privacy policy.
Please contact applicable third parties for privacy policies relating to personally identifiable and other information you provide when you use or access third party software or services.
Information may be processed, stored or transferred to SNC, its affiliates or agents which are located in countries outside of your country of residence. Data protection and information privacy laws in certain countries may not offer the same level of protection as your country of residence and you may have fewer legal rights in relation to Information processed and stored in, or transferred to, such countries. SNC will use reasonable efforts to take appropriate technical and organizational steps to prevent unauthorized access to or disclosure of Information, but does not warrant it will eliminate all risk of misuse of such Information.
AUTOMATIC UPDATE FEATURE
From time to time, SNC or the THIRD-PARTY SUPPLIERS 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 SNC’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, but not limited to, functions you may rely upon. You acknowledge and agree that such activities may occur at SNC’s sole discretion and that SNC 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 EULA. By acceptance of this EULA, you consent to such update/modification.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SNC’s privacy policy, each as amended and modified from time to time, together constitute the entire agreement between you and SNC with respect to the SOFTWARE. The failure of SNC to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any part of this EULA is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this EULA, and the other parts will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA. 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 the Tokyo District Court in Japan, and the parties hereby consent to the venue and jurisdiction of such courts.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA to the contrary, you acknowledge and agree that any violation of or non-compliance with this EULA by you will cause irreparable harm to SNC, for which monetary damages would be inadequate, and you consent to SNC obtaining any injunctive or equitable relief that SNC deems necessary or appropriate in such circumstances. SNC may also take any legal and technical remedies to prevent violation of and/or to enforce this EULA, including, but not limited to, immediate termination of your use of the SOFTWARE, if SNC believes in its sole discretion that you are violating or intend to violate this EULA. These remedies are in addition to any other remedies SNC may have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SNC may terminate this EULA if you fail to comply with any of its terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the SOFTWARE; (ii) comply with the requirements in the section below entitled “Your Account Responsibilities”.
AMENDMENT
SNC RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA PURSUANT TO ARTICLE 584-4 OF CIVIL CODE, WHEN SUCH AMENDMENT DOES NOT CONFLICT WITH THE PURPOSE OF THIS EULA, AND SUCH AMENDMENT IS REASONABLE IN LIGHT OF THE NECESSITY OF SUCH AMENDMENT THE APPROPRIATENESS OF THE CONTENTS OF THE TERMS FOLLOWING SUCH AMENDMENT, AND SUCH OTHER CIRCUMSTANCES RELATING TO SUCH AMENDMENT.SNC AMENDS THE TERMS OF THIS EULA PURSUANT TO ARTICLE 584-4 OF CIVIL CODE BY POSTING NOTICE ON A SNC DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you should promptly contact SNC for instructions. Your continued use of the SOFTWARE after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this EULA with respect to the SOFTWARE of such party.
YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase, sell or otherwise transfer your DEVICE, or if this EULA is terminated, you are responsible for and must uninstall the SOFTWARE from the DEVICE and delete any and all accounts you may have established on DEVICE or are accessible through the SOFTWARE. You are solely responsible for maintaining the confidentiality of any accounts you have with SNC OR third parties and any usernames and passwords associated with YOUR USE OF the DEVICE.
Should you have any questions concerning this EULA, you may contact SNC.
Copyright 2017, 2018, 2019, 2020 Sony Network Communications Inc.
