110
US
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 conllict
between this Agreement and the Open Source Licenses, the Open
Source Licenses shall govem as applicable.
Certain Source Code Availability. Sony
is
making available the
source code
of
certain portions
of
the
SOfTW
ARE per the GPLI
LGPL LICENSES. Please see http://www.sony.com/llnux 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 changes and 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,
or
remove any part, term,
or
condition
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
0)
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 MAY BE
LIMITED OR RESTRICTED DEPENDING UPON THE
CAPABILITIES OR TECHNICAL LIMITATIONS
OF
YOUR
INTERNET SERVICE.
YOUR USE
OF
THE
SOFTWARE, SERVICE, PRODUCT,
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
SOFTWARE; (2)
THAT
THE
SERVER(S)
THAT
MAKES
THE
SERVICE,
SOfTWARE,
AND/OR SITE AVAILABLE ARE
FREE
OF
VIRUSES OR OTHER COMPONENTS
THAT
MAY
INFECT. HARM,
OR
CAUSE
DAMAGE
TO
YOUR
COMPUTER, TELEVISION,
OTHER
EQUIPMENT, OR ANY
OTHER PROPERTY. FURTHERMORE, SONY DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING
THE
USE OR
THE
RESULTS
OF
THE
USE
OF
THE
SOfTW
ARE, SERVICE, AND/OR SITE
IN
TERMS
OF
ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO
ORAL
OR WRITTEN INFORMATION
OR
ADVICE GIVEN BY SONY OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN
ANY WAY INCREASE
THE
SCOPE
OF
THIS WARRANTY.
SHOULD THE SOFTWARE, SERVICE, AND/OR SITE PROVE
DEFECTIVE YOU (AND NOT SONY OR A SONY
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE
COST
OF
ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
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 OR OMISSIONS
IN
THE
SOFTWARE, SERVICE, PRODUCT, AND/OR SITE, EVEN IF
SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF
HAS BEEN ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION
OR
LIMITATION
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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