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EXCLUDED SOFTWARE. Certain EXCLUDED
SOFTWARE may be covered by open source software
licenses ("Open Source Components"), which means any
software licenses approved as open source licenses by the
Open Source Initiative or any substantially similar licenses,
including but not limited to any license that, as a condition
of distribution of the software licensed under such license,
requires that the distributor make the software available in
source code format. If and to the extent disclosure is
www.sony.com/linux
required, please visit
SONY-designated web site for a list of applicable OPEN
SOURCE COMPONENTS included in the SOFTWARE
from time to time, and the applicable terms and conditions
governing its use. Such terms and conditions may be
changed by the applicable third party at any time without
liability to you. To the extent required by the licenses
covering EXCLUDED SOFTWARE, the terms of such
licenses will apply in lieu of the terms of this EULA. To the
extent the terms of the licenses applicable to EXCLUDED
SOFTWARE prohibit any of the restrictions in this EULA
with respect to such EXCLUDED SOFTWARE, such
restrictions will not apply to such EXCLUDED
SOFTWARE. To the extent the terms of the licenses
applicable to Open Source Components require SONY to
make an offer to provide source code in connection with the
SOFTWARE, such offer is hereby made.
USE OF SOFTWARE WITH COPYRIGHTED
MATERIALS
The SOFTWARE may be capable of being used by you
to view, store, process and/or use content created by you
and/or third parties. Such content may be protected by
copyright, other intellectual property laws, and/or
agreements. You agree to use the SOFTWARE only in
compliance with all such laws and agreements that apply
to such content. You acknowledge and agree that SONY
may take appropriate measures to protect the copyright
of content stored, processed or used by the
SOFTWARE. Such measures include, but are not
limited to, counting the frequency of your backup and
restoration through certain SOFTWARE features,
refusal to accept your request to enable restoration of
data, and termination of this EULA in the event of your
illegitimate use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY
BE DESIGNED TO BE USED WITH CONTENT
AVAILABLE THROUGH ONE OR MORE CONTENT
SERVICES ("CONTENT SERVICE"). USE OF THE
SERVICE AND THAT CONTENT IS SUBJECT TO
THE TERMS OF SERVICE OF THAT CONTENT
SERVICE. IF YOU DECLINE TO ACCEPT THOSE
TERMS, YOUR USE OF THE SOFTWARE WILL BE
LIMITED. You acknowledge and agree that certain
content and services available through the SOFTWARE
may be provided by third parties over which SONY has
no control. USE OF THE CONTENT SERVICE
REQUIRES AN INTERNET CONNECTION. THE
CONTENT SERVICE MAY BE DISCONTINUED AT
ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY
SERVICES
You acknowledge and agree that access to certain
SOFTWARE features may require an Internet
connection for which you are solely responsible.
Further, you are solely responsible for payment of any
or other
third party 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 the
sole responsibility of the third party providing such
service.
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, 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,
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