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7. Annexe : Licences
such terms are commonly understood in the
software industry) or any other equivalent
code, files, scripts, agents, programs, software
routine or instructions designed or intended to
disrupt, disable, harm or otherwise impede in
any manner the operation of the SOFTWARE or
any device or system owned or controlled by
you or any third party, or which otherwise may
damage or destroy any data or file ("Malicious
Code"); (iii) interfere with the proper working
of the SOFTWARE; (iv) circumvent, disable,
or interfere with security-related features
of the SOFTWARE or features that prevent
or restrict use, access to, or copying the
SOFTWARE, or that enforce limitations on use
of the SOFTWARE; or (v) impose (or which
may impose, in your sole discretion) an
unreasonable or disproportionately large load
on the SOFTWARE.
EXCLUDED SOFTWARE AND OPEN SOURCE
COMPONENTS
Notwithstanding the foregoing limited license
grant, you acknowledge that the SOFTWARE
may include EXCLUDED SOFTWARE. Certain
EXCLUDED SOFTWARE may be covered by
open source software licenses ("Open Source
Components"), which means any software
licenses approved as open source licenses by
the Open Source Initiative or any substantially
similar licenses, including but not limited to
any license that, as a condition of distribution
of the software licensed under such license,
requires that the distributor make the software
available in source code format. If and to
the extent disclosure is required, please visit
oss.sony.net/Products/Linux or other SONY-
designated web site for a list of applicable
OPEN SOURCE COMPONENTS included in
the SOFTWARE from time to time, and the
applicable terms and conditions governing
its use. Such terms and conditions may be
changed by the applicable third party at any
time without liability to you. To the extent
required by the licenses covering EXCLUDED
SOFTWARE, the terms of such licenses will
apply in lieu of the terms of this EULA. To the
extent the terms of the licenses applicable
to EXCLUDED SOFTWARE prohibit any of the
restrictions in this EULA with respect to such
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 content
stored, processed or used by the SOFTWARE.
Such measures include, but are not limited
to, refusal to accept your request to enable
backup and restoration of content through
certain SOFTWARE features, 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. WHERE CONTENT SERVICE IS NOT
UNDER SONY'S CONTROL, SONY SHALL NOT
BE LIABLE IN RESPECT OF ANY DAMAGES (OR
OTHER LIABILITY) RELATED TO SUCH CONTENT
SERVICE. USE OF THE CONTENT SERVICE
REQUIRES AN INTERNET CONNECTION. THE
CONTENT SERVICE MAY BE MODIFIED OR
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 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 your responsibility or that of
the third party providing such service. You are
solely responsible in the event any Malicious
Code introduced in the SOFTWARE because of
or through, your internet connections.
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 or
use the SOFTWARE, 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, QUALITY,
FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE AND NONINFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, 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
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