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EXCLUDED SOFTWARE, such restrictions will
not apply to such EXCLUDED SOFTWARE. To
the extent the terms of the licenses applicable to
Open Source Components require SONY to make
an offer to provide source code in connection with
the SOFTWARE, such offer is hereby made.
USE OF SOFTWARE WITH
COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used
by you to view, store, process and/or use content
created by you and/or third parties. Such content
may be protected by copyright, other intellectual
property laws, and/or agreements. You agree to
use the SOFTWARE only in compliance with all
such laws and agreements that apply to such
content. You acknowledge and agree that SONY
may take appropriate measures to protect the
copyright of content stored, processed or used by
the SOFTWARE. Such measures include, but are
not limited to, counting the frequency of your
backup and restoration through certain
SOFTWARE features, refusal to accept your
request to enable restoration of data, and
termination of this EULA in the event of your
illegitimate use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE
SOFTWARE MAY BE DESIGNED TO BE
USED WITH CONTENT AVAILABLE
THROUGH ONE OR MORE CONTENT
SERVICES ("CONTENT SERVICE"). USE OF
THE SERVICE AND THAT CONTENT IS
SUBJECT TO THE TERMS OF SERVICE OF
THAT CONTENT SERVICE. IF YOU
DECLINE TO ACCEPT THOSE TERMS,
YOUR USE OF THE SOFTWARE WILL BE
LIMITED. You acknowledge and agree that
certain content and services available through the
SOFTWARE may be provided by third parties
over which SONY has no control. USE OF THE
CONTENT SERVICE REQUIRES AN
INTERNET CONNECTION. THE CONTENT
SERVICE MAY BE DISCONTINUED AT ANY
TIME.
INTERNET CONNECTIVITY AND THIRD
PARTY SERVICES
You acknowledge and agree that access to certain
SOFTWARE features may require an Internet
connection for which you are solely responsible.
Further, you are solely responsible for payment of
any third party fees associated with your Internet
connection, including but not limited to Internet
service provider or airtime charges. Operation of
the SOFTWARE may be limited or restricted
depending on the capabilities, bandwidth or
technical limitations of your Internet connection
and service. The provision, quality and security of
such Internet connectivity are the sole
responsibility of the third party providing such
service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export
and re-export restrictions and regulations of the
area or country in which you reside, and not to
transfer, or authorize the transfer, of the
SOFTWARE to a prohibited country or otherwise
in violation of any such restrictions or
regulations.
HIGH RISK ACTIVITIES
The 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
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,
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