9
applicable law, 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. To the maximum extent as permitted
under the applicable law, 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
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. 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 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 your
residence or subsequent re-export of such
software by a person located outside of your
residence might require a licence or other
authorization from any governmental authority.
By accepting this licence agreement, you agree to
abide by all relevant U.S. export laws and
regulations in the purchase and use of the Sony
