Sony CBK-WA100 Operating Instructions Manual page 41

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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
Page 41
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