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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 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.
YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase, sell or otherwise
transfer your DEVICE, or if this EULA is terminated, you are responsible
for and must uninstall the SOFTWARE from the DEVICE and delete any
and all accounts you may have established on DEVICE or are accessible
through the SOFTWARE. You are solely responsible for maintaining the
confidentiality of any accounts you have with SONY OR third parties and
any usernames and passwords associated with YOUR USE OF the
DEVICE.
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.
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