Sony VPL-EW295 Operating Instructions Manual page 90

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.
90
END USER LICENSE AGREEMENT
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