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WRITING BETWEEN SONY AND YOU. SOME
JURISDICTIONS DO NOT ALLOW SUCH
EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO
THE ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU TO THE EXTENT THEY ARE
CONTRARY TO APPLICABLE LAW OF YOUR
JURISDICTION.
INDEMNITY
Except as prohibited by applicable law, you agree
to indemnify and hold harmless SONY and the
THIRD-PARTY SUPPLIERS and their respective
affiliates, officers and employees, from any loss,
claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of your use of the SOFTWARE and/or the DEVICE
(including, without limitation, any software
vulnerability caused by such use), your violation of
this EULA or your failure to fulfill your
responsibility under this EULA.
AUTOMATIC UPDATE FEATURE
From time to time, SONY 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 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, but not
limited to, functions you may rely upon. You
acknowledge and 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 EULA. By acceptance of this EULA, you
consent to such update/modification.
FORCE MAJEURE
SONY shall not be liable for any delay or failure to
perform resulting from causes outside its
reasonable control, including, but not limited to,
fire, floods, storms, earthquakes, epidemics, acts
of God, war, terrorism, riots, insurrection,
embargos, acts of civil, military or governmental
authorities, nuclear or other accidents,
explosions, strikes or shortages of transportation
facilities, fuel, energy, labor or materials.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA (and SONY's applicable privacy policy
separately presented to you, if any), as amended
and modified from time to time, constitute the
entire agreement(s) 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. The foregoing does not apply to you
to the extent applicable law of your jurisdiction
restricts or prohibits such agreements.
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 suspend your access or use of the SOFTWARE
and/or 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
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