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THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
7. LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LOWS, SONY DOES NOT EXCLUDE
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SONY,
ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS FOR FRAUD, BREACH OF THE
OBLIGATIONS IMPLIED BY LAW OR ANY OTHER LIABILITY WHICH MAY NOT BE
EXCLUDED BY LAW. EXCEPT AS SET OUT ABOVE, SONY AND ITS LICENSORS SHALL
NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND INDIRECT DAMAGES, DAMAGES ARISING FROM ANY
INFRINGEMENT OF THIRD PARTY RIGHTS, LOSS OF PROFIT AND LOSS OF DATA,
SUFFERED BY USER OR ANY THIRD PARTY DUE TO USER’S MISUSE OR UNAUTHORIZED
USE OF THE SERVICE, PRODUCTS OR SOFTWARE OR ANY OTHER USE OF THE SERVICE,
PRODUCT OR SOFTWARE WHICH IS NOT IN COMPLIANCE WITH OR NOT ACCORDING TO
THIS TOU OR THE DOCUMENTS PROVIDED TO USER WITH THIS TOU.
8. INDEMNIFICATION
USER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS SONY AND ITS
LICENSORS FROM AND AGAINST ANY COST, EXPENSE, LOSS, DAMAGE, CLAIM AND
LIABILITY ARISING FROM OR IN CONNECTION WITH USER’S MISUSE OR
UNAUTHORIZED USE OF THE SERVICE, PRODUCT OR SOFTWARE OR ANY OTHER USE OF
THE SERVICE, PRODUCT OR SOFTWARE THAT IS NOT IN COMPLIANCE WITH OR NOT
ACCORDING TO THE TERMS OF THIS TOU OR THE DOCUMENTS PROVIDED WITH THE
SERVICE AND/OR PRODUCT.
9. NO RESALE/TRANSFER OF THE SERVICE
User’s membership and any related materials or documentation delivered therewith are provided on a
non-exclusive and nontransferable basis. User’s right to use the Service is personal to User. User agrees
not to resell or make any commercial use of the Service without the express consent of Sony and its
licensors. User further agrees to use the Service solely on and with the Product and in accordance any
instructions provided with the Product. User shall not copy, reproduce, duplicate, change, remove
anything from or add anything to the Service, Product or Documents in whole or in part. User shall not
disassemble, decompile, reverse-engineer or otherwise analyze or alter the Service, the Product or the
Product Software except where permitted by law.
10. HOST CONTENT AND OTHER LIMITATIONS
Sony and its licensors assume no responsibility for the content of any material located on the hosts
provided from the Service. Sony and its licensors have no control over these websites or other material
provided on external hosting systems; however, Sony and its licensors retain the right, in Sony and its
licensors’ sole discretion, to determine whether or not User’s conduct is consistent with the letter and
spirit of the TOU and may terminate Service if a User’s conduct is found to be inconsistent with the
TOU.
11. GENERAL
This TOU and the documents annexed as appendices to this TOU or otherwise referred to herein contain
the whole agreement between the parties relating to the subject matter hereof and supersede all prior
agreements, arrangements and understandings between the parties relating to that subject matter. Should
any portion of this TOU be declared null and void by operation of law, or otherwise, the remainder of
this TOU shall remain in full force and effect. No term of this TOU is intended to confer a benefit on,
or be enforceable by, any person who is not a party to this TOU. This TOU shall be binding upon the
parties’ authorized successor and assignees. Neither party’s waiver of any breach or failure to enforce
any of the provisions of this TOU at any time shall in any way affect, limit or waive such party’s right
thereafter to enforce and compel strict compliance with the provisions of this TOU.