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7. Annexe: Licences
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,
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 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 THIRDPARTY
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 reviewed the privacy policies
applicable to such services and consent to such
activities.
SONY, its affiliates, partners and agents will not
intentionally use Information to personally identify
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