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7. Annexe : Licences
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,
TIMELY, SECURE OR UNMODIFIED, (E) THAT
THE SOFTWARE OR ANY EQUIPMENT, SYSTEM
OR NETWORK ON WHICH THE SOFTWARE IS
USED (INCLUDING THE DEVICE) WILL BE FREE
OF VULNERABILITY TO INTRUSION OR ATTACK
AND (F) 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 TO THE EXTENT THEY ARE
CONTRARY TO APPLICABLE LAW OF YOUR
JURISDICTION.
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, INDIRECT, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL LOSS OR 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
LOSSES OR DAMAGES. IN ANY CASE, EACH
AND ALL OF THEIR AGGREGATE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL
BE LIMITED TO THE GREATER OF (i) THE
AMOUNT ACTUALLY PAID FOR THE SOFTWARE,
SONY'S PRODUCT WHICH THE SOFTWARE IS
EMBEDDED IN OR BUNDLED WITH AND/OR
SONY'S SERVICE TO WHICH THE SOFTWARE
IS DEDICATED OR (ii) THE FIXED AMOUNT
AGREED IN WRITING BETWEEN SONY AND
YOU. SOME JURISDICTIONS DO NOT ALLOW
SUCH EXCLUSIONS OR LIMITATIONS OF
LIABILITY, SO THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU TO THE
EXTENT THEY ARE CONTRARY TO APPLICABLE
LAW OF YOUR JURISDICTION.
INDEMNITY
Except as prohibited by applicable law, you
agree to indemnify and hold harmless SONY
and the THIRD-PARTY SUPPLIERS and their
respective affiliates, officers and employees,
from any loss, claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of your use of the
SOFTWARE and/or the DEVICE (including,
without limitation, any software vulnerability
caused by such use), your violation of this
EULA or your failure to fulfill your responsibility
under this EULA.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-
PARTY SUPPLIERS may automatically
update or otherwise modify the SOFTWARE,
including, but not limited to, for purposes
of enhancement of security functions, error
correction and improvement of functions,
at such time as you interact with SONY's
or third parties' servers, or otherwise. Such
updates or modifications may delete or
change the nature of features or other
aspects of the SOFTWARE, including, but not
limited to, functions you may rely upon. You
acknowledge and agree that such activities
may occur at SONY's sole discretion and that
SONY may condition continued use of the
SOFTWARE upon your complete installation or
acceptance of such update or modifications.
Any updates/modifications shall be deemed
to be, and shall constitute part of, the
SOFTWARE for purposes of this EULA. By
acceptance of this EULA, you consent to such
update/modification.
FORCE MAJEURE
SONY shall not be liable for any delay or failure
to perform resulting from causes outside
its reasonable control, including, but not
limited to, fire, floods, storms, earthquakes,
epidemics, acts of God, war, terrorism, riots,
insurrection, embargos, acts of civil, military
or governmental authorities, nuclear or other
accidents, explosions, strikes or shortages of
transportation facilities, fuel, energy, labor or
materials.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA (and SONY's applicable privacy
policy separately presented to you, if any), as
amended and modified from time to time,
constitute the entire agreement(s) 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.
GOVERNING LAW AND JURISDICTION
The United Nations Convention on Contracts
for the International Sale of Goods shall
not apply to this EULA. This EULA shall be
governed by the laws of Japan, without
regards to conflict of laws provisions. Any
dispute arising out of this EULA shall be
subject to the exclusive venue of the Tokyo
District Court in Japan, and the parties hereby
consent to the venue and jurisdiction of such
courts. The foregoing does not apply to you to
the extent applicable law of your jurisdiction
restricts or prohibits such agreements.
EQUITABLE REMEDIES
Notwithstanding anything contained in this
EULA to the contrary, you acknowledge and
agree that any violation of or non-compliance
with this EULA by you will cause irreparable
harm to SONY, for which monetary damages
would be inadequate, and you consent to
SONY obtaining any injunctive or equitable
relief that SONY deems necessary or
appropriate in such circumstances. SONY may
also take any legal and technical remedies
to prevent violation of and/or to enforce this
EULA, including, but not limited to, immediate
termination of your use of the SOFTWARE, if
SONY believes in its sole discretion that you
are violating or intend to violate this EULA.
These remedies are in addition to any other
remedies SONY may have at law, in equity or
under contract.
TERMINATION
Without prejudice to any of its other rights,
SONY may suspend your access or use of the
SOFTWARE and/or terminate this EULA if you
fail to comply with any of its terms. In case of
such termination, you must: (i) cease all use,
and destroy any copies, of the SOFTWARE; (ii)
comply with the requirements in the section
below entitled "Your Account Responsibilities".
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