Sony HT-ST9 - Liability Limitations and Agreement Terms

NO ORAL
OR
WRITIEN 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.
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
OR
CONSEQUENTIAL 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
DAMAGES.
IN
ANY
CASE,
EACH
AND ALL
OF
THEIR
AGGREGATE
LIABILITY UNDER ANY PROVISION
OF
THIS
EULA
SHALL
BE
LIMITED
TO
THE
AMOUNT ACTUALLY PAID
FOR
THE
PRODUCT. SOME
JURISDICTIONS DO NOT ALLOW
THE
EXCLUSION
OR
LIMITATION
OF
INCIDENTAL
OR
CONSEQUENTIAL DAMAGES,
SO
THE
ABOVE
EXCLUSION
OR
LIMITATION
MAY
NOT APPLY
TO
YOU.
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
ssus
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.
ENTIRE
AGREEMENT,
WAIVER,
SEVERABILITY
This
EULA
and
SONY's
privacy
policy, each
as
amended
and
modified
from
time
to
time,
together
constitute
the
entire
agreement
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.
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.