Sony BRAVIA KD-85X80CK Setup Manual page 45

GOOD-FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY TH E 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; 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, subsidiaries, affiliates, content providers, and direct and indirect
parent(s) (collectively, "the 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, the Services, or the Content. 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 act adverse to the interest of Sony and/or any Indemnified Party without the prior written consent
of Sony and/or Indemnified Party(s).
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY
LICENSORS OR THIRD PARTY PROVIDERS), ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS THIRD PARTY LICENSORS OR
ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT
OR DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS OF
USE OF THE SONY PRODUCT, LOSS OF REVENUE, DOCUMENTATION, THE SERVICES, THE CONTENT, DOWN TIME AND
YOUR TIME, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS
PROFITS, OR OTHER COMMERCIAL LOSS, LOSS OF USE OF THE SONY SOFTWARE OR ANY ASSOCIATED HARDWARE,
OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SONY, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS THIRD
PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE
FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS THIRD PARTY
LICENSORS, AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS
OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL THEORY RELATED TO THE SONY SOFTWARE, THE SERVICES, THE CONTENT, OR THIS EULA. 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 SONY SOFTWARE, SONY'S PRODUCT WHICH THE SONY SOFTWARE IS EMBEDDED IN OR
BUNDLED WITH AND/OR SONY'S SERVICE TO WHICH THE SONY SOFTWARE IS DEDICATED.
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, exclusions
or limitations of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so
the above limitations or exclusions may not apply to you to the extent they are contrary to applicable law in your
jurisdiction.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software, or any part thereof, is furnished on media, Sony warrants that for a period
of ninety (90) days from the date of its delivery to you, the media on which the Sony Software is furnished to you
will be free from defects in materials and workmanship under normal use. This limited warranty extends only to
you as the original licensee. Sony's entire liability and your exclusive remedy will be replacement of the media
pursuant to Sony's limited warranty. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY,
AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR
CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE CONTRARY TO
APPLICABLE LAW OF YOUR JURISDICTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any time to charge fees for access to new Content or new
Services or to portions of the existing Content or Services, or the Services as a whole. In addition, Third Party
Providers may charge fees for access to t h eir Content. In no event will you be charged for access to any portion or
all of the Content and/or the Services unless Sony and/or a Third Party Provider obtain your prior agreement to pay
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