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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 applicable privacy
policy separately presented to you, if any), as
amended and modified from time to time,
constitute the entire agreement(s) 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. The foregoing does not apply
to you to the extent applicable law of your
jurisdiction restricts or prohibits such
agreements.
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
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