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connection for which you are solely responsible.
Further, you are solely responsible for payment of
any fees associated with your Internet
connection, including but not limited to Internet
service provider or airtime charges. Operation of
the SOFTWARE may be limited or restricted
depending on the capabilities, bandwidth or
technical limitations of your Internet connection
and service. The provision, quality and security of
such Internet connectivity are your responsibility
or that of the third party providing such service.
You are solely responsible in the event any
Malicious Code introduced in the SOFTWARE
because of or through, your internet connections.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable export
and re-export restrictions and regulations of the
area or country in which you reside or use the
SOFTWARE, and not to transfer, or authorize the
transfer, of the SOFTWARE to a prohibited country
or otherwise in violation of any such restrictions or
regulations.
HIGH RISK ACTIVITIES
The 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
SOFTWARE could lead to death, personal injury, or
severe physical or environmental damage ("HIGH
RISK ACTIVITIES"). SONY, each of the THIRD-
PARTY SUPPLIERS, and each of their respective
affiliates specifically disclaim any express or
implied warranty, duty or condition of fitness for
HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the
SOFTWARE is at your sole risk and that you are
responsible for use of the SOFTWARE. The
SOFTWARE is provided "AS IS," without warranty,
duty or condition of any kind.
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") EXPRESSLY DISCLAIM ALL
WARRANTIES, DUTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE AND NONINFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, SONY DOES NOT WARRANT OR
MAKE ANY CONDITIONS OR REPRESENTATIONS
(A) THAT THE FUNCTIONS CONTAINED IN ANY OF
THE SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT THEY WILL BE UPDATED, (B) THAT THE
OPERATION OF ANY OF THE SOFTWARE WILL BE
CORRECT OR ERROR-FREE OR THAT ANY DEFECTS
WILL BE CORRECTED, (C) THAT THE SOFTWARE
WILL NOT DAMAGE ANY OTHER SOFTWARE,
HARDWARE OR DATA, (D) THAT ANY SOFTWARE,
NETWORK SERVICES (INCLUDING THE INTERNET)
OR PRODUCTS (OTHER THAN THE SOFTWARE)
UPON WHICH THE SOFTWARE'S PERFORMANCE
DEPENDS WILL CONTINUE TO BE AVAILABLE,
UNINTERRUPTED, TIMELY, SECURE OR
UNMODIFIED, (E) THAT THE SOFTWARE OR ANY
EQUIPMENT, SYSTEM OR NETWORK ON WHICH
THE SOFTWARE IS USED (INCLUDING THE DEVICE)
WILL BE FREE OF VULNERABILITY TO INTRUSION
OR ATTACK AND (F) REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
NO ORAL OR WRITTEN 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 TO THE EXTENT THEY
ARE CONTRARY TO APPLICABLE LAW OF YOUR
JURISDICTION.
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, INDIRECT, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL LOSS OR 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 LOSSES OR DAMAGES. IN
ANY CASE, EACH AND ALL OF THEIR AGGREGATE
LIABILITY UNDER ANY PROVISION OF THIS EULA
SHALL BE LIMITED TO THE GREATER OF (i) THE
AMOUNT ACTUALLY PAID FOR THE SOFTWARE,
SONY'S PRODUCT WHICH THE SOFTWARE IS
EMBEDDED IN OR BUNDLED WITH AND/OR
SONY'S SERVICE TO WHICH THE SOFTWARE IS
DEDICATED OR (ii) THE FIXED AMOUNT AGREED IN
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