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anything you may copy from the Sony Software for any
business, commercial, or public purpose. As long as you
comply with the terms of this EULA, Sony grants you a
nonexclusive, nontransferable, limited right to use the
Internet Video Feature to access the Content Services and
the Content as set forth in this EULA. You further agree
not to interrupt/disrupt or attempt to interrupt/disrupt
the operation of the Sony Software or the Internet Video
Feature in any way.
If you believe your work has been copied in a way
that constitutes copyright infringement, or that your
intellectual property rights have otherwise been violated,
please first contact the Third Party Provider for the
particular Content Service. If you are unable to contact
such Third Party Provider, or the content at issue is
Sony's, you may contact Sony's Intellectual Property
Agent (listed below) with the following information in a
written notice: (a) an electronic or physical signature of
the person authorized to act on behalf of the copyright
or other intellectual property interest; (b) a description
of the copyrighted work or other intellectual property
that you claim has been infringed; (c) a description of the
particular Service and where the material that you claim
is infringing is located on such Service, with enough detail
that we may find the material; (d) your address, telephone
number, and e-mail address; (e) a statement by you that
you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner,
its agent, or the law; and (f) a statement by you, made
under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf. Sony's
agent for notice of copyright or other intellectual property
right infringement is as follows: Intellectual Property
Agent, c/o Sony Electronics Inc., 16535 Via Esprillo, San
Diego, CA 92127; Facsimile (858) 942-1111; E-Mail IPagent@
am.sony.com.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Sony and all of its agents, directors, officers, employees,
information providers, licensors and licensees, affiliates,
content providers, and direct and indirect parent(s)
(collectively, "Indemnified Parties") 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 (i)
any breach or alleged breach by you of this EULA in
any manner, (ii) any information you submit to Sony
hereunder, (iii) any breach or alleged breach by you of a
third party's rights, (iv) any damage caused by or alleged
to have been caused by you to the Sony Software. Counsel
you select for defense or settlement of a claim must be
consented to by Sony and/or Indemnified Party(s) prior to
counsel being engaged to represent you and Sony and/or
Indemnified Party(s). You and your counsel will cooperate
as fully as reasonably required by the Indemnified Party(s)
in defense or settlement of any claim. Sony and/or
Indemnified Party(s) reserve the right, at its own expense,
to assume the exclusive defense or settlement, and
control of any matter otherwise subject to indemnification
by you. You shall not in any event consent to any
judgment, settlement, attachment, or lien, or any other
5
act adverse to the interest of Sony or any Indemnified
Party without the prior written consent of Sony and/or
Indemnified Party(s).
AUTOMATIC UPDATE FEATURE/ MODIFICATION OF EULA AS TO
SERVICES
From time to time, Sony or third parties may automatically
update or otherwise modify the Sony Software, for
example, but not limited to, for purposes of error
correction, improvement of features, and enhancement
of security features. Such updates or modifications may
change or delete the nature offeatures or other aspects of
the Sony Software, including features you may rely upon.
You hereby agree that such activities may occur at Sony's
sole discretion and that Sony may condition continued
use of the Sony Software upon your complete installation
or acceptance of such update or modifications. Sony may
add to, change, or remove any part, term, or condition of
the EULA as it applies to the Sony Software at any time
without prior notice to you. By continuing to use the Sony
Software, you are indicating your acceptance thereto. Sony
may take any legal and technical remedies to prevent
violation of and/or to enforce this EULA, including, without
limitation, immediate termination of your use of the
Internet Video Features, if Sony believes in its discretion
that you are violating this EULA.
HIGH RISK ACTIVITIES
The Sony 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 Sony
Software could lead to death, personal injury, or severe
physical or environmental damage ("High Risk Activities").
SONY, EACH OF THE THIRD PARTY LICENSORS, AND EACH
OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF
FITNESS FOR HIGH RISK ACTIVITIES.
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
The Sony Software may contain encryption technology.
You acknowledge that any export of Sony Software
containing encryption technology from the United States
or subsequent re-export of such software by a person
located outside of the United States requires a license
or other authorization from the U.S. Department of
Commerce's Bureau of Industry and Security. You further
acknowledge that the Sony Software or the Content
containing encryption technology and acquired from
Sony is not intended for use by a foreign government end
user. By accepting this license agreement, you agree to
abide by all relevant U.S. export laws and regulations in
the purchase and use of the Sony Product being acquired,
including but not limited to those regulations relating
to the export control of cryptographic items and not to
transfer, or authorize the transfer, of the Sony Software to
a prohibited country or otherwise in violation of any such
restrictions or regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the United
States Government
is
subject to restrictions as set forth
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