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likenesses, photographs, images, graphics, audio,
music, sound, video, messages, and tags, for any
business, commercial, or public purpose. As long as
you comply with the terms of this EULA, Sony
grants you a nonexclusive, nontransferable, limited
right to use the Sony Entertainment Network
feature to access the Services and the Content as
set forth in this EULA. You further agree not to
interrupt/disrupt or attempt to interrupt/disrupt
the operation of the Sony Software, the Service or
the Content in any way.
If you believe your work has been copied in a way
that constitutes copyright infringement, or that
your intellectual property rights have otherwise
been violated, please first contact the Third Party
Provider for the particular Service. If you are unable
to contact such Third Party Provider, or the content
at issue is Sony's, you may contact Sony's
Intellectual Property Agent (listed below) with the
following information in a written notice: (a) an
electronic or physical signature of the person
authorized to act on behalf of the copyright or
other intellectual property interest; (b) a
description of the copyrighted work or other
intellectual property that you claim has been
infringed; (c) a description of the particular Service
and where the material that you claim is infringing
is located on such Service, with enough detail that
we may find the material; (d) your address,
telephone number, and e-mail address; (e) a
statement by you that you have a good faith belief
that the disputed use is not authorized by the
copyright or intellectual property owner, its agent,
or the law; and (f) a statement by you, made under
penalty of perjury, that the above information in
your notice is accurate and that you are the
copyright or intellectual property owner or
authorized to act on the copyright or intellectual
property owner's behalf. Sony's agent for notice of
copyright or other intellectual property right
infringement is as follows: Intellectual Property
Agent, c/o Sony Electronics Inc., 16530 Via Esprillo,
San Diego, CA 92127; Facsimile (858) 942-1111;
E-Mail IPagent@am.sony.com
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Sony and all of its agents, directors, officers,
employees, information providers, licensors and
licensees, affiliates, content providers, and direct
and indirect parent(s) (collectively, "Indemnified
Parties") 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 EULA 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, (iv) any damage caused by
or alleged to have been caused by you to the Sony
Software, the Services, or the Content. Counsel you
select for defense or settlement of a claim must be
consented to by Sony and/or Indemnified Party(s)
prior to counsel being engaged to represent you
and Sony and/or Indemnified Party(s). You and
12
GB
your counsel will cooperate as fully as reasonably
required by the Indemnified Party(s) in defense or
settlement of any claim. Sony and/or Indemnified
Party(s) reserve the right, at its own expense, to
assume the exclusive defense or settlement, and
control of any matter otherwise subject to
indemnification by you. You shall not in any event
consent to any judgment, settlement, attachment,
or lien, or any other act adverse to the interest of
Sony or any Indemnified Party without the prior
written consent of Sony and/or Indemnified
Party(s).
AUTOMATIC UPDATE FEATURE / MODIFICATION
OF EULA AS TO SERVICES
From time to time, Sony or third parties may
automatically update or otherwise modify the Sony
Software, for example, but not limited to, for
purposes of error correction, improvement of
features, and enhancement of security features.
Such updates or modifications may change or
delete the nature of features or other aspects of
the Sony Software, including features you may rely
upon. You hereby agree that such activities may
occur at Sony's sole discretion and that Sony may
condition continued use of the Sony Software upon
your complete installation or acceptance of such
update or modifications. Sony may add to, change,
or remove any part, term, or condition of the EULA
as it applies to the Sony Software, the Services,
and/or the Content at any time without prior notice
to you. Any such additions, changes, or removals or
any terms posted in the Sony Entertainment
Network feature shall apply as soon as they are
posted. By continuing to access the Services, the
Sony Content Services, the Content, and/or the
Sony Content after so posted, you are indicating
your acceptance thereto. SONY MAY ADD, CHANGE,
DISCONTINUE, REMOVE, OR SUSPEND ANY OF THE
SERVICES OR THE SONY CONTENT SERVICES,
TEMPORARILY OR PERMANENTLY, AT ANY TIME,
WITHOUT NOTICE AND WITHOUT LIABILITY.
WITHOUT PREJUDICE TO ANY OTHER RIGHTS, SONY
MAY SUSPEND OR TERMINATE THIS EULA AS TO
THE SERVICES, THE SONY CONTENT SERVICES, THE
CONTENT, AND/OR THE SONY CONTENT
IMMEDIATELY UPON NOTICE IF YOU FAIL TO
COMPLY WITH 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
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