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11. Appendix: Specifications
SOFTWARE; and (5) location data, as indicated below.
SONY and its affiliates, partners and agents may use
and disclose Information subject to applicable laws in
order to improve its products and services or to provide
products or services to you. Such uses include, but
are not limited to: (a) administering the functionalities
of the SOFTWARE; (b) to improve, service, update or
upgrade the SOFTWARE; (c) improving, developing and
enhancing the current and future products and services
of SONY and other parties; (d) to provide you with
information about the products and services offered by
SONY and other parties; (e) complying with applicable
laws or regulations; and (f) to the extent offered,
providing you with location-based services of SONY
and other parties, as indicated below. In addition, SONY
retains the right to use Information to protect itself and
third parties from illegal, criminal or harmful conduct.
Certain services available through the SOFTWARE
may rely upon location information, including, but not
limited to, the geographic location of the camcorder.
You acknowledge that for the purpose of providing
such services, SONY, the THIRD-PARTY SUPPLIERS or
their partners may collect, archive, process and use such
location data, and that such services are governed by
the privacy policies of SONY or such third party. By using
any such services, you agree that you have reviewed the
privacy policies applicable to such services and consent
to such activities.
SONY, its affiliates, partners and agents will not
intentionally use Information to personally identify
the owner or user of the SOFTWARE without your
knowledge or consent. Any use of Information will be
in accordance with the privacy policies of SONY or such
third party. Please contact applicable contact address of
each area or country for SONY's current privacy policy.
Please contact applicable third parties for privacy
policies relating to personally identifiable and other
information you provide when you use or access third
party software or services.
Information may be processed, stored or transferred
to SONY, its affiliates or agents which are located in
countries outside of your country of residence. Data
protection and information privacy laws in certain
countries may not offer the same level of protection
as your country of residence and you may have fewer
legal rights in relation to Information processed and
stored in, or transferred to, such countries. SONY will
use reasonable efforts to take appropriate technical and
organizational steps to prevent unauthorized access to
or disclosure of Information, but does not warrant it will
eliminate all risk of misuse of such Information.
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.
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 © 2012 Sony Corporation.
Open Source Software Licenses
On the basis of license contracts between
Sony and the software copyright holders, this
product uses open software.
To meet the requirements of the software
copyright holders, Sony is obligated to inform
you of the content of these licenses.
For the content of these licenses, see
"License1.pdf" in the "License" folder of the
supplied CD-ROM.
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