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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 export and re-export
restrictions and regulations of the Department of
Commerce and other United States agencies and
authorities, 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.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States
Government is subject to restriction as set forth in
subparagraph (c) (1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 C.F.R. §
52.227-19, as applicable. The manufacturer solely
for purposes of this section is Sony Electronics Inc.,
16530 Via Esprillo, San Diego, CA 92127.
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
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