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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 SONY 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"). SONY, 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.
94
END USER LICENSE AGREEMENT
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") 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.
SONY 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 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
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