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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.
FORCE MAJEURE
SONY shall not be liable for any delay or failure to
perform resulting from causes outside its reasonable
control, including, but not limited to, fire, floods, storms,
earthquakes, epidemics, acts of God, war, terrorism, riots,
insurrection, embargos, acts of civil, military or
governmental authorities, nuclear or other accidents,
explosions, strikes or shortages of transportation facilities,
fuel, energy, labor or materials.
ENTIRE AGREEMENT, WAIVER,
SEVERABILITY
This EULA (and SONY's applicable privacy policy
separately presented to you, if any), as amended and
modified from time to time, constitute the entire
agreement(s) 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.
The foregoing does not apply to you to the extent
applicable law of your jurisdiction restricts or prohibits
such agreements.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA to the
contrary, you acknowledge and agree that any violation of
or non-compliance with this EULA by you will cause
irreparable harm to SONY, for which monetary damages
would be inadequate, and you consent to SONY obtaining
any injunctive or equitable relief that SONY deems
necessary or appropriate in such circumstances. SONY
may also take any legal and technical remedies to prevent
violation of and/or to enforce this EULA, including, but
not limited to, immediate termination of your use of the
SOFTWARE, if SONY believes in its sole discretion that
you are violating or intend to violate this EULA. These
remedies are in addition to any other remedies SONY may
have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY may
suspend your access or use of the SOFTWARE and/or
terminate this EULA if you fail to comply with any of its
terms. In case of such termination, you must: (i) cease all
use, and destroy any copies, of the SOFTWARE; (ii)
comply with the requirements in the section below entitled
"Your Account Responsibilities".
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF
THE TERMS OF THIS EULA AT ITS SOLE
DISCRETION BY POSTING NOTICE ON A SONY
DESIGNATED WEB SITE, BY EMAIL
NOTIFICATION TO AN EMAIL ADDRESS
PROVIDED BY YOU, BY PROVIDING NOTICE AS
PART OF THE PROCESS IN WHICH YOU OBTAIN
UPGRADES/UPDATES OR BY ANY OTHER
LEGALLY RECOGNIZABLE FORM OF NOTICE. If
you do not agree to the amendment, you should promptly
contact SONY for instructions. Your continued use of the
SOFTWARE after the effective date of any such notice
shall be deemed your agreement to be bound by such
amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER 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 of such party.
YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase,
sell or otherwise transfer your DEVICE, or if this EULA is
terminated, you are responsible for and must, if reasonably
possible, uninstall the SOFTWARE from the DEVICE and
delete any and all accounts you may have established on
DEVICE or are accessible through the SOFTWARE. You
are solely responsible for maintaining the confidentiality
of any accounts you have with SONY or third parties and
any usernames and passwords associated with your use of
the DEVICE.
Should you have any questions concerning this EULA,
you may contact SONY by writing to SONY at the
applicable contact address for each area or country.
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