THE
TERMS
AND
CONDITIONS
OF
THIS
EULA.
Sony
may
take any legal
and
technical remedies
to
prevent violation
of
and/or
to
enforce this
EULA,
including,
without
limitation, immediate termination
of
your
access
to
the
Services, if
Sony believes in its discretion
that
you
are violating this
EULA.
HIGH
RISK
ACTIVITIES
The Sony 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 Sony Software could lead
to
death, personal
injury
,
or
severe physical
or
environmental damage ("High Risk Activities").
SONY,
EACH
OF
THE
THIRD
PARTY
LICENSORS,
AND
EACH
OF
THEIR
RESPECTIVE
AFFILIATES
SPECIFICALLY
DISCLAIM
ANY
EXPRESS
OR
IMPLIED
WARRANTY
OR
CONDITION
OF
FITNESS
FOR
HIGH
RISK
ACTIVITIES.
RESTRICTIONS
ON
EXPORT
OF
ENCRYPTION
TECHNOLOGY
The Sony Software and
the
Content
may
contain encryption technology. You acknowledge
that
any
export
of
Sony
Software
or
the
Content containing encryption
technology
from
the
United States
or
subsequent re-export
of
such
software
by
a person located outside
of
the
United States requires a license
or
other
authorization
from
the
U.S
.
Department
of
Commerce's Bureau
of
Industry and Security. You
further
acknowledge
that
the
Sony Software
or
the
Content containing encryption
technology
and acquired
from
Sony is
not
intended
for
use by a foreign
government
end
user.
By
accepting
this
license agreement, you agree
to
abide by all relevant
U.S.
export
laws and regulations in
the
purchase
and
use
of
the
Sony
product
being acquired, including
but
not
limited
to
those
regulations relating
to
the export control
of
cryptographic items
and
not
to
transfer,
or
authorize
the
transfer,
of
the
Sony Software
or
the
Content
to
a prohibited country
or
otherwise in violation
of
any such restrictions
or
regulations.
US
GOVERNMENT
RESTRICTED
RIGHTS
The Sony Software is provided
with
RESTRICTED
RIGHTS.
Use,
duplication
or
disclosure
by
the
United States
Government
is
subject
to
restrictions as set
forth
in subparagraphs
(c)(1)
and (c)(2)
of
the
Commercial Computer
Software clause
at
FAR
52.22719, and subparagraph (c)(i)(ii)
of
the
Rights in Technical Data and Computer Software
clause
at
DOD
FAR
252.227-7013 and any comparable federal, state
or
local
law
or
regulation. Manufacturer is Sony
Electronics Inc., 16530 Via Esprillo,
San
Diego,
CA
92127
.
JURY
TRIAL
WAIVER
THE
PARTIES
HERETO
WAIVE
TRIAL
BY
JURY
WITH
RESPECT
TO
ANY
MATTERS
ARISING
UNDER
OR
RELATING
TO
THIS
EULA.
Any cause
of
action
you
may
have
with
respect
to
the
Services
must
be commenced
within
one
(1)
year after
the
claim
or
cause
of
action arises.
ENTIRE
AGREEMENT,
NOTICE,
WAIVER,
SEVERABILITY
This
EULA,
the
limited warranty accompanying
the
Sony Product, Sony's
then-current
privacy policy, and any
additional terms and conditions posted on
the
Services,
together
constitute
the
entire agreement between
you
and Sony
with
respect
to
the Sony Product,
the
Sony Software,
the
Services,
and
the
Content.
Any
notice
by
Sony
hereunder
may
be
made
by
letter, e-mail,
or
posting
on
the
Services. 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.
THIRD
PARTY
BENEFICIARIES
Each
Third Party Licensor and each Third Party Provider is an express intended
third
-
party
beneficiary
of
, and
shall have
the
right
to
enforce, each provision
of
this
EULA
with
respect
to
the
software, service, and content,
as
applicable,
of
such
party
.
TERM
This
EULA
is effective
until
terminated. Sony
may
terminate this
EULA
immediately
if
you
fail
to
comply
with
its
terms
by
giving you notice. In such event, you
must
destroy
the
Sony Software and accompanying
documentation
,
and all copies you have made
of
them.
In
addition
, upon termination you
will
have
no
recourse against Sony, its
affiliates, its Third Party Licensors,
or
its Third Party possible meaning
that
will
be enforced.
ANY
DISPUTE
THAT
IS
NOT
RESOLVED
THROUGH
THE
INFORMAL
NEGOTIATION
PROCESS
DESCRIBED
ABOVE
SHALL
BE
RESOLVED
EXCLUSIVELY
THROUGH
BINDING
ARBITRATION.
To
begin arbitration, either you
or
we
must
make a
written
demand
to
the
other
for
arbitration. The arbitration
will take place before a single arbitrator.
It
will
be
administered in keeping
with
the
Expedited Procedures
of
the
Commercial Arbitration Rules, and the Supplementary Proceedings
for
Consumer-Related disputes when applicable
("Rules")
of
the
American Arbitration Association ("AAA") in effect
when
the
claim is filed. You
may
get
a copy
of
AAl<s Rules by contacting AAA
at
(800) 778-7879
or
visiting
www
.adr.org. The
filing
fees
to
begin and carry
out
arbitration
will
be
shared between
you
and us,
but
in
no
event shall your fees ever exceed
the
amount
allowable
by
the
special rules
for
Consumers Disputes provided
for
by
AAA,
at
which
point
Sony
will
cover all additional
administrative fees
and
expenses. This
does
not
prohibit
the
arbitrator
from
giving
the
winning
party
their
fees
and expenses
of
the
arbitration when appropriate pursuant
to
the
Rules. Unless
you
and
we
agree differently, the
arbitration will take place in
the
county and state where you live,
and
applicable federal
or
state
law
shall govern
the
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