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Right
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HT-XT3
4-558-560-
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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,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 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 OR UNMODIFIED, AND (E) 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.
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.
