Sony HT-ST9, Operating Instructions Manual

Page: 60 / 187

60
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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.
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 OR CONSEQUENTIAL 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
DAMAGES. IN ANY CASE, EACH AND ALL OF THEIR AGGREGATE
LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-PARTY SUPPLIERS may
automatically update or otherwise modify the SOFTWARE, including,
but not limited to, for purposes of enhancement of security
functions, error correction and improvement of functions, at such
time as you interact with SONY’s or third parties’ servers, or
otherwise. Such updates or modifications may delete or change the
nature of features or other aspects of the SOFTWARE, including, but
not limited to, functions you may rely upon. You acknowledge and
agree that such activities may occur at SONY’s sole discretion and
that SONY may condition continued use of the SOFTWARE upon your
complete installation or acceptance of such 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.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SONY’s privacy policy, each as amended and modified
from time to time, together constitute the entire agreement
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.
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.