Sony BRAVIA XR-65A95K Setup Manual page 76

MISCELLANEOUS
Any Dispute determined not subject to arbitration and not initiated in small claims court will be litigated by either
party in a court of competent jurisdiction in either the Superior Court for the County of San Diego or in the United
States District Court for the Southern District of California.
AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO SERVICES
From time to time, Sony or third parties may automatically update or otherwise modify the Sony Software, including,
but not limited to, for purposes of error correction, improvement of features, and enhancement of security features.
Such updates or modifications may change or delete the nature of features or other aspects of the Sony Software,
including, but not limited to, features/functions you may rely upon. You hereby acknowledge and agree that such
activities may occur at Sony's sole discretion and that Sony may condition continued use of the Sony Software
upon your complete installation or acceptance of such updates or modifications. Any updates/modifications shall
be deemed to be, and shall constitute part of, the Sony Software for purposes of this EULA By acceptance of this
EULA, you consent to such update/modifications. Sony may add to, change, or remove any part, term, or condition
of the EULA as it applies to the Sony Software, the Services, and/or the Content at any time without prior notice
to you. Any such additions, changes, or removals or any terms posted in the Sony Entertainment Network feature
shall apply as soon as they are posted. By continuing to use Sony Software or access the Services, the Sony Content
Services, the Content, and/or the Sony Content after so posted, you are indicating your acceptance thereto. SONY
MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND ANY OF THE SERVICES OR THE SONY CONTENT SERVICES,
TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE
TO ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE THIS EULA AS TO THE SERVICES, THE SONY CONTENT
SERVICES, THE CONTENT, AND/OR THE SONY CONTENT IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY WITH
THE TERMS AND CONDITIONS OF THIS EULA. Sony may take any legal and technical remedies to prevent violation of
and/or to enforce this EULA, including, without limitation, immediate termination of your access to the Services, if
Sony believes in its discretion that you are violating this EULA.
HIGH RISK ACTIVITIES
The Sony Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line
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 Sony Software could lead to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). SONY, ITS PARENT, SUBSIDIARIES, AFFILIATES, EACH OF THE THIRD
PARTY LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OR CONDITION OF FITNESS FOR HIGH RISK ACTIVITIES.
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
The Sony Software and the Content may contain encryption technology. You agree to comply with all applicable
export and re-export restrictions and regulations of the Department of Commerce and other United States
agencies and authorities. You acknowledge that any export of Sony Software or the Content containing encryption
technology from the United States or subsequent re-export of such software by a person located outside of the
United States requires a license or other authorization from the U.S. Department of Commerce's Bureau of Industry
and Security, or other United States agencies and authorities. You further acknowledge that the Sony Software
or the Content containing encryption technology and acquired from Sony is not intended for use by a foreign
government end user. By accepting this license agreement, you agree to abide by all relevant U.S. export laws
and regulations in the purchase and use of the Sony product being acquired, including but not limited to those
regulations relating to the export control of cryptographic items and not to transfer, or authorize the transfer,
of the Sony Software or the Content to a prohibited country or otherwise in violation of any such restrictions or
regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States
Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer
Software clause at FAR 52.22719, as applicable, and subparagraph (c)(i)(ii) of the Rights in Technical Data and
Computer Software clause at DOD FAR 252.227-7013 and any comparable federal, state or local law or regulation.
Manufacturer, solely for the purpose of this section, is Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127.
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY
This EULA, the limited warranty accompanying the Sony Product, Sony's then-current privacy policy, and any
additional terms and conditions posted on the Services, together constitute the entire agreement between you
and Sony with respect to the Sony Product, the Sony Software, the Services, and the Content. Any notice by Sony
hereunder may be made by letter, e-mail, or posting on the Services. 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.
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