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DISCLAIM ALL WARRANTIES, DUTIES OR
CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. 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 OR UNMODIFIED, AND (E)
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 THIS
WARRANTY. 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.
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 OR
CONSEQUENTIAL 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 DAMAGES. IN ANY
44
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CASE, EACH AND ALL OF THEIR AGGREGATE
LIABILITY UNDER ANY PROVISION OF THIS
EULA SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID FOR THE PRODUCT. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL
INFORMATION, LOCATION DATA, DATA
SECURITY
You acknowledge and agree that SONY and its
affiliates, partners and agents may read, collect, transfer,
process and store certain information collected from the
SOFTWARE, including but not limited to information
about (i) the SOFTWARE and (ii) the software
applications, contents and peripheral devices that
interact with your wireless adapter and the SOFTWARE
("Information"). Information includes, but is not limited
to: (1) unique identifiers relating to your wireless
adapter and its components; (2) performance of the
wireless adapter, the SOFTWARE and their
components; (3) configurations of your wireless adapter,
the SOFTWARE and the software applications, contents
and peripheral devices that interact with the wireless
adapter and the SOFTWARE; (4) use and frequency of
use of the functions of (x) the SOFTWARE, and (y) the
software applications, 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 wireless
adapter. 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
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