you and SONY with respect to the SOFTWARE. The failure of SONY
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 SONY, for which
monetary damages would be inadequate, and you consent to SONY
obtaining any injunctive or equitable relief that SONY deems necessary
or appropriate in such circumstances. SONY 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 SONY believes in its sole discretion that you are violating
or intend to violate this EULA. These remedies are in addition to any
other remedies SONY may have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY 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".
12
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AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS
EULA AT ITS SOLE DISCRETION BY POSTING NOTICE ON A SONY
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 SONY 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 delete any and all accounts you may have established on
DEVICE or are accessible through this DEVICE. You are solely responsible
for maintaining the confidentiality of any accounts you have with SONY
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
SONY by writing to SONY at: applicable contact address of each area
or country. This can be found on your country's website which can be
chosen by visiting: https://www.sony.com/locale-selector.
Copyright © 2020 Sony Home Entertainment & Sound Products Inc.
All rights reserved.