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control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons
systems, in which the failure of the SOFTWARE could
lead to death, personal injury, or severe physical or
environmental damage ("HIGH RISK ACTIVITIES").
SONY, each of the THIRD-PARTY SUPPLIERS, and
each of their respective affiliates specifically disclaim any
express or implied warranty, duty or condition of fitness
for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON
SOFTWARE
You acknowledge and agree that use of the SOFTWARE
is at your sole risk and that you are responsible for use of
the SOFTWARE. The SOFTWARE is provided "AS IS,"
without warranty, duty or condition of any kind.
SONY AND EACH OF THE THIRD-PARTY
SUPPLIERS (for purposes of this Section, SONY and
each of the THIRD-PARTY SUPPLIERS shall be
collectively referred to as "SONY") EXPRESSLY
DISCLAIM ALL WARRANTIES, DUTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, QUALITY,
FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE AND NONINFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SONY DOES NOT WARRANT OR
MAKE ANY CONDITIONS OR REPRESENTATIONS
(A) THAT THE FUNCTIONS CONTAINED IN ANY
OF THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THEY WILL BE
UPDATED, (B) THAT THE OPERATION OF ANY OF
THE SOFTWARE WILL BE CORRECT OR ERROR-
FREE OR THAT ANY DEFECTS WILL BE
CORRECTED, (C) THAT THE SOFTWARE WILL NOT
DAMAGE ANY OTHER SOFTWARE, HARDWARE
OR DATA, (D) THAT ANY SOFTWARE, NETWORK
SERVICES (INCLUDING THE INTERNET) OR
PRODUCTS (OTHER THAN THE SOFTWARE) UPON
WHICH THE SOFTWARE'S PERFORMANCE
DEPENDS WILL CONTINUE TO BE AVAILABLE,
UNINTERRUPTED, TIMELY, SECURE OR
UNMODIFIED, (E) THAT THE SOFTWARE OR ANY
EQUIPMENT, SYSTEM OR NETWORK ON WHICH
THE SOFTWARE IS USED (INCLUDING THE
DEVICE) WILL BE FREE OF VULNERABILITY TO
INTRUSION OR ATTACK AND (F) REGARDING THE
USE OR THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SONY OR AN AUTHORIZED
REPRESENTATIVE OF SONY SHALL CREATE A
WARRANTY, DUTY OR CONDITION OR IN ANY
WAY INCREASE THE SCOPE OF ANY PROVISION
OF THIS EULA. SHOULD THE SOFTWARE PROVE
DEFECTIVE YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THESE EXCLUSIONS MAY NOT
APPLY TO YOU TO THE EXTENT THEY ARE
CONTRARY TO APPLICABLE LAW OF YOUR
JURISDICTION.
LIMITATION OF LIABILITY
SONY AND EACH OF THE THIRD-PARTY
SUPPLIERS (for purposes of this Section, SONY and
each of the THIRD-PARTY SUPPLIERS shall be
collectively referred to as "SONY") SHALL NOT BE
LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL
LOSS OR DAMAGES FOR BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
UNDER ANY OTHER LEGAL THEORY RELATED
TO THE SOFTWARE, INCLUDING, BUT NOT
LIMITED TO, ANY DAMAGES ARISING OUT OF
LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF
DATA, LOSS OF USE OF THE SOFTWARE OR ANY
ASSOCIATED HARDWARE, DOWN TIME AND
USER'S TIME, EVEN IF ANY OF THEM HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES
OR DAMAGES. IN ANY CASE, EACH AND ALL OF
THEIR AGGREGATE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO
THE GREATER OF (i) THE AMOUNT ACTUALLY
PAID FOR THE SOFTWARE, SONY'S PRODUCT
WHICH THE SOFTWARE IS EMBEDDED IN OR
BUNDLED WITH AND/OR SONY'S SERVICE TO
WHICH THE SOFTWARE IS DEDICATED OR (ii) THE
FIXED AMOUNT AGREED IN WRITING BETWEEN
SONY AND YOU. SOME JURISDICTIONS DO NOT
ALLOW SUCH EXCLUSIONS OR LIMITATIONS OF
LIABILITY, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU TO THE
EXTENT THEY ARE CONTRARY TO APPLICABLE
LAW OF YOUR JURISDICTION.
INDEMNITY
Except as prohibited by applicable law, you agree to
indemnify and hold harmless SONY and the THIRD-
PARTY SUPPLIERS and their respective affiliates,
officers and employees, from any loss, claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the SOFTWARE
and/or the DEVICE (including, without limitation, any
software vulnerability caused by such use), your violation
of this EULA or your failure to fulfill your responsibility
under this EULA.
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
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