Publicité
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,
302
Publicité
