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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 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,
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
