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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 SOFTWARE. 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.
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. The United
Nations Convention on Contracts for the
International Sale of Goods shall not apply to the
24
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SOFTWARE or this EULA. Furthermore, this EULA will
not be governed or interpreted in any way by
referring to any law based on the Uniform
Computer Information Transactions Act (UCITA) or
any other act derived from or related to UCITA.
BINDING ARBITRATION (ONLY FOR UNITED
STATES RESIDENTS)
ANY "DISPUTE" THAT IS NOT RESOLVED THROUGH
THE INFORMAL NEGOTIATION PROCESS
DESCRIBED ABOVE SHALL BE RESOLVED
EXCLUSIVELY THROUGH BINDING ARBITRATION.
"DISPUTE" is defined as any disagreement, cause of
action, claim, controversy, or proceeding between
you and any Sony entity related to or arising out of
the SOFTWARE or this EULA. DISPUTE is to be given
the broadest possible meaning that will be
enforced. If a DISPUTE arises, you agree to first give
notice to SONY by contacting Sony Electronics Inc.
at 16530 Via Esprillo, MZ 1105, San Diego, CA 92127,
Attn: Legal Department, and engaging in good
faith negotiations to attempt to resolve any
DISPUTE for at least 14 days, except that you or
Sony (or any of its affiliates) may skip this informal
negotiation procedure for DISPUTE enforcing,
protecting, or concerning the validity of intellectual
property rights.
ARBITRATION INSTRUCTIONS (ONLY FOR
UNITED STATES RESIDENTS)
To begin arbitration, either you or SONY must make
a written demand to the other for arbitration. The
arbitration will take place before a single arbitrator.
It will be administered in keeping with the
Expedited Procedures of the Commercial
Arbitration Rules, and the Supplementary
Proceedings for Consumer-Related disputes when
applicable ("Rules") of the American Arbitration
Association ("AAA") in effect when the claim is filed.
You may get a copy of AAA's Rules by contacting
AAA at (800) 778-7879 or visiting www.adr.org. The
filing fees to begin and carry out arbitration will be
shared between you and SONY, but in no event
shall your fees ever exceed the amount allowable
by the special rules for Consumers Disputes
provided for by AAA, at which point SONY will cover
all additional administrative fees and expenses.
This does not prohibit the arbitrator from giving the
winning party their fees and expenses of the
arbitration when appropriate pursuant to the Rules.
Unless you and SONY agree differently, the
arbitration will take place in the county and state
where you live, and applicable federal or state law
shall govern the substance of any DISPUTE. The
Federal Arbitration Act, 9 U.S.C. § 1, et seq., will
govern the arbitration itself and not any state law
on arbitration. The arbitrator's decision will be
binding and final, except for a limited right of
appeal under the Federal Arbitration Act. The
arbitrator may award declaratory or injunctive relief
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