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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
52.227 19, 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
Providers for your inability to use the Sony
Software or the accompanying documentation, the
Services, or the Content.
DE-REGISTRATION OF YOUR DEVICE
Should you return your Sony Product to its place of
purchase, transfer your Sony Product in accordance
with this EULA, or if this EULA is terminated, you
agree to: (i) de-register the Sony Product by
deleting any and all accounts you may have
established on or have accessed through the Sony
Product; and (ii) reset the Sony Product to its
original factory settings. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF ANY ACCOUNTS YOU HAVE
WITH THIRD PARTIES AND ANY USERNAMES AND
PASSWORDS ASSOCIATED WITH YOUR USE OF THE
SONY PRODUCT.
RESOLVING DISPUTES; ARBITRATION; SMALL
CLAIMS WAIVER
This EULA will not be governed or interpreted in
any way by referring to any law based on the
Uniform Computer Information Transactions Act
(UCITA) or any other act derived from or related to
UCITA. Further, the United Nations Convention on
Contracts for the International Sale of Goods shall
not apply to this EULA.
If a Dispute arises, you agree to first give notice to
us by contacting Sony Electronics Inc. at 16530 Via
Esprillo, San Diego, California 92127, Attn: Legal
Department, and engaging in good faith
negotiations to attempt to resolve any Dispute for
at least 14 days, except that you or Sony (or any of
its affiliates) may skip this informal negotiation
procedure for Disputes enforcing, protecting, or
concerning the validity of intellectual property
rights. "Dispute" is defined as any disagreement,
cause of action, claim, controversy, or proceeding
between you and any Sony entity related to or
arising out of the Sony Product, Sony Software,
Sony Services & Content or this EULA. Dispute is to
be given the broadest possible meaning that will
be enforced.
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