Sony CBK-WA100 Operating Instructions Manual page 34

EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL
INFORMATION, LOCATION DATA, DATA
SECURITY
You acknowledge and agree that SONY and its
affiliates, partners and agents may read, collect, transfer,
process and store certain information collected from the
SOFTWARE, including but not limited to information
about (i) the SOFTWARE and (ii) the software
applications, contents and peripheral devices that
interact with your wireless adapter and the SOFTWARE
("Information"). Information includes, but is not limited
to: (1) unique identifiers relating to your wireless
adapter and its components; (2) performance of the
wireless adapter, the SOFTWARE and their
components; (3) configurations of your wireless adapter,
the SOFTWARE and the software applications, contents
and peripheral devices that interact with the wireless
adapter and the SOFTWARE; (4) use and frequency of
use of the functions of (x) the SOFTWARE, and (y) the
software applications, contents and peripheral devices
that interact with the 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 wireless
adapter. 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.
34
Licenses
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