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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 DEVICE and the
SOFTWARE ("Information"). Information includes,
but is not limited to: (1) unique identifiers relating to
your DEVICE and its components; (2) performance
of the DEVICE, the SOFTWARE and their
components; (3) configurations of your DEVICE, the
SOFTWARE and the software applications, contents
and peripheral devices that interact with the DEVICE
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
DEVICE. 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
END USER LICENSE AGREEMENT
95
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