U.S. Government Restricted Rights. The Software is provided
with
RESTRICfED
RIGHTS. Use, duplication. ordisclosure
by
the United States Government is subject to restriction as set forth
in
subparagraph (c)
(I)
and (2)
of
the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Sony Electronics Inc., 16530 Via Esprillo. San
Diego. CA 92127.
GNU General Public, Lesser General Public, & Other Licenses.
Notwithstanding terms
in
this Agreement, certain portions
of
the
Software are governed
by
the GNU Lesser General Public
License. Version
2.1
(LGPL), GNU General Public License
Version 2 (GPL). and other open source code licenses ("Open
Source Licenses"), copies
of
which are attached hereto and
incorporated herein. For such portions
of
the Software, to the
extent there is any connict between this Agreement and the
Open Source Licenses, the Open Source Licenses shall govern
as applicable.
Certain Source Code Availability. Sony
is
making available the
source code
of
certain portions
of
the
SOFIW
ARE per the
GPU
LGPL LICENSES. Please see http://www.sony.com/linux
for access
to
and instructions on obtaining such source code.
6.
Changes
to
Service
Sony reserves the right to discontinue one, some. or all
of
the
features
of
the Service you receive at any time at its discretion.
Sony may, at its discretion and from time
to
time change, add or
remove features and functionality, upgrade or modify the
Service, Site and/or Software without notice. You may, at
Sony's discretion, receive messages regarding these changesand
new features/functionality. Any new text, content, file, data,
product, services, information, software. software tool or other
feature provided by Sony (through the network or
by
CD-ROM
or other means) (including, but not limited to, any update
to
Software provided to you automatically pursuant
to
Section 4
of
this Agreement) will
be
subject
to
this Agreement; provided that,
if
separate terms and conditions applicable
to
such feature are
provided to you, such terms and conditions shall apply
to
such
feature in priority
to
this Agreement.
7.
Confidentiality
You shall maintain the confidentiality
of
any information with
regard to the Product and Documentation that is provided under
this Agreement and is not publicly known. You agree not to
disclose such information to any third party without the prior
written consent.
8.
Sony's
Right
to
Terminate
or
Modify
Terms
or
Conditions
of
this
Agreement
Sony may add to, change. orremove any part. term, orcondition
of
this Agreement at any time. without prior notice. Any changes
to
this Agreement or any terms posted on the Service and/or Site
apply as soon
as
they are posted.
By
continuing
to
use the
Service, Product, Software and/or Site after any changes are
posted, you are indicating your acceptance
of
those changes.
SONY MAY ADD, CHANGE, DISCONTINUE, REMOVE,
OR SUSPEND ANY OTHER CONTENT POSTED ON THE
SERVICE AND/OR SITE, INCLUDING FEATURES AND
SPECIFICATIONS
OF
PRODUCTS DESCRIBED OR
DEPICTED ON THE SERVICE AND/OR SITE,
TEMPORARILY OR PERMANENTLY, AT ANY TIME,
WITHOUT NOTICE AND WITHOUT LIABILITY.
WITHOUT PREJUDICE TO ANY OTHER RIGHTS. SONY
MAY SUSPEND OR TERMINATE THIS AGREEMENT
IMMEDIATELY UPON NOTICE IF YOU FAIL
TO
COMPLY WITH THE TERMS AND CONDITIONS
OF
THIS
AGREEMENT. Upon termination, you shall destroy the
Software within fourteen (14) days after the date
of
such
termination. and upon Sony's request. provide Sony with the
certification
of
such destruction. Sony may take any legal and
technical remedies to prevent the violation
of
and/or
to
enforce
this Agreement, including without limitation, immediate
termination
of
your access to the Service if we believe
in
our
discretion you are violating this Agreement.
9.
Indemnification
You agree
to
indemnify. defend. and hold Sony and all
of
its
agents, directors. employees, information providers. licensors
and licensees. affiliates. content providers, officers, and parent
(collectively, "Indemnified Parties"), harmless from and against
any and all liability and costs (including, without limitation,
attorneys' fees and costs), incurred
by
the Indemnified Parties
in
connection with any claim arising out
of
(i) any breach or alleged
breach
by
you
of
this Agreement
in
any manner. (ii) any
information you submit
to
Sony hereunder, (iii) any breach or
alleged breach
by
you
of
a third party's rights or (iv) any damage
caused
by
or alleged
to
have been caused
by
you
to
the Service.
You will cooperate
as
fully as reasonably required in
Indemnified Party(s) defense
of
any claim. Sony and/or
Indemnified Parties reserve the right. at its own expense.
to
assume the exclusive defense and control
of
any matter
otherwise subject to indemnification by you and you shall not
in
any event settle any matter without the written consent
of
Sony
and/or Indemnified Parties.
10.
DISCLAIMER
OF
WARRANTIES
AND
DAMAGES;
LIMITATION
OF
LIABILITY
YOU UNDERSTAND THAT USAGE
OF
THE PRODUCT
AND SERVICE REQUIRES INTERNET SERVICE
PROVIDED BY YOU, FOR WHICH YOU ARE SOLELY
RESPONSIBLE. OPERATION
OF
THE PRODUCT AND/OR
SERVICE
MAYBE
LIMITED OR RESTRICTED
DEPENDING UPON THE CAPABILITIES OR TECHNICAL
LIMITATIONS OF YOUR INTERNET SERVICE.
YOUR USE OF
THE
SOFTWARE. SERVICE,
PRODUCf.
CONTENT AND/OR SITE
IS
AT YOUR OWN RISK.
THE
SOFTWARE, SERVICE. CONTENT AND SITE ARE
PROVIDED "AS IS" AND, TO
THE
FULLEST EXTENT
PERMISSIBLE
BY
LAW. SONY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER
(I)
FOR THE ACCURACY.
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE. OR NON-INFRINGEMENT ASSOCIATED
WITH THE SERVICE. SITE, AND/OR
SOFIW
ARE; (2)
THAT
THE
SERVER(S) THAT MAKES
THE
SERVICE,
SOFTWARE, AND/OR SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER COMPONENTS THAT MAY
INFECf,
HARM, OR CAUSE DAMAGE TO YOUR
COMPUTER, TELEVISION, OTHER EQUIPMENT, OR
ANY OTHER PROPERTY. FURTHERMORE, SONY DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDINGTHE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE, SERVICE, AND/OR SITE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY. OR
OTHERWISE. NO ORAL OR
WRITIEN
INFORMATION
OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN
ANY WAY fNCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SOFTWARE, SERVICE, AND/
OR SITE PROVE
DEFECfIVE
YOU (AND NOT SONY OR
A SONY AUTHORIZED REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECfION.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED
TO
SONY'S NEGLIGENCE OR ISSUES
RELATED TO THIRD PARTY CONTENT PROVIDERS,
SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL. INDIRECT, PUNITIVE. OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B)
THE INABILITY TO USE. OR (C) ERRORS OROMISSIONS
IN
THE
SOFIW
ARE, SERVICE. PRODUCT, AND/OR SITE.
EVEN
IF
SONY OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN
ADVISEDOFTHE
POSSIBILITY
OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE
EXCLUSION OR LIM ITA
nON
OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES. SOTHE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY
TO
YOU.
IN
NO
EVENT SHALL SONY'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES. AND CAUSES
OF
ACTION
(WHETHER
IN
CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
EXCEED $100.00.
•
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