NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY SONY OR AN AUTHORIZED
REPRESENTATIVE OF SONY 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
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS
(for purposes of this Section, SONY and each of the
THIRD-PARTY SUPPLIERS 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 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. 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.
ENTIRE AGREEMENT, WAIVER,
SEVERABILITY
This EULA and SONY's privacy policy, each as
amended and modified from time to time, together
constitute the entire agreement between 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".
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.
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.
Copyright © 2020 Sony Corporation
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