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END USER LICENSE AGREEMENT
complying with applicable laws or regulations;
and (f) to the extent offered, providing you
with location-based services of SONY and
other parties, as indicated below. In addition,
SONY retains the right to use Information to
protect itself and third parties from illegal,
criminal or harmful conduct.
Certain services available through the
SOFTWARE may rely upon location
information, including, but not limited to, the
geographic location of the DEVICE. You
acknowledge that for the purpose of providing
such services, SONY, the THIRD-PARTY
SUPPLIERS or their partners may collect,
archive, process and use such location data,
and that such services are governed by the
privacy policies of SONY or such third party. By
using any such services, you agree that you
have reviewed the privacy policies applicable
to such services and consent to such activities.
SONY, its affiliates, partners and agents will
not intentionally use Information to personally
identify the owner or user of the SOFTWARE
without your knowledge or consent. Any use
of Information will be in accordance with the
privacy policies of SONY or such third party.
Please contact applicable contact address of
each area or country for SONY’s current
privacy policy.
Please contact applicable third parties for
privacy policies relating to personally
identifiable and other information you provide
when you use or access third party software or
services.
Information may be processed, stored or
transferred to SONY, its affiliates or agents
which are located in countries outside of your
country of residence. Data protection and
information privacy laws in certain countries
may not offer the same level of protection as
your country of residence and you may have
fewer legal rights in relation to Information
processed and stored in, or transferred to,
such countries. SONY will use reasonable
efforts to take appropriate technical and
organizational steps to prevent unauthorized
access to or disclosure of Information, but
does not warrant it will eliminate all risk of
misuse of such Information.
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.
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