74
U.S. Government Restricted Rights. The Software is provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the United States Government is subject to restriction as set forth
in subparagraph (c) (1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Sony Electronics Inc., 16530 Via Esprillo, San
Diego, CA 92127.
GNU General Public, Lesser General Public, & Other Licenses.
Notwithstanding terms in this Agreement, certain portions of the
Software are governed by the GNU Lesser General Public
License, Version 2.1 (LGPL), GNU General Public License
Version 2 (GPL), and other open source code licenses (“Open
Source Licenses”), copies of which are attached hereto and
incorporated herein. For such portions of the Software, to the
extent there is any conflict between this Agreement and the
Open Source Licenses, the Open Source Licenses shall govern
as applicable.
Certain Source Code Availability. Sony is making available the
source code of certain portions of the SOFTWARE per the GPL/
LGPL LICENSES. Please see
http://www.sony.com/linux
for access to and instructions on obtaining such source code.
6. Changes to Service
Sony reserves the right to discontinue one, some, or all of the
features of the Service you receive at any time at its discretion.
Sony may, at its discretion and from time to time change, add or
remove features and functionality, upgrade or modify the
Service, Site and/or Software without notice. You may, at
Sony’s discretion, receive messages regarding these changes and
new features/functionality. Any new text, content, file, data,
product, services, information, software, software tool or other
feature provided by Sony (through the network or by CD-ROM
or other means) (including, but not limited to, any update to
Software provided to you automatically pursuant to Section 4 of
this Agreement) will be subject to this Agreement; provided that,
if separate terms and conditions applicable to such feature are
provided to you, such terms and conditions shall apply to such
feature in priority to this Agreement.
7. Confidentiality
You shall maintain the confidentiality of any information with
regard to the Product and Documentation that is provided under
this Agreement and is not publicly known. You agree not to
disclose such information to any third party without the prior
written consent.
8. Sony’s Right to Terminate or Modify Terms or
Conditions of this Agreement
Sony may add to, change, or remove any part, term, or condition
of this Agreement at any time, without prior notice. Any changes
to this Agreement or any terms posted on the Service and/or Site
apply as soon as they are posted. By continuing to use the
Service, Product, Software and/or Site after any changes are
posted, you are indicating your acceptance of those changes.
SONY MAY ADD, CHANGE, DISCONTINUE, REMOVE,
OR SUSPEND ANY OTHER CONTENT POSTED ON THE
SERVICE AND/OR SITE, INCLUDING FEATURES AND
SPECIFICATIONS OF PRODUCTS DESCRIBED OR
DEPICTED ON THE SERVICE AND/OR SITE,
TEMPORARILY OR PERMANENTLY, AT ANY TIME,
WITHOUT NOTICE AND WITHOUT LIABILITY.
WITHOUT PREJUDICE TO ANY OTHER RIGHTS, SONY
MAY SUSPEND OR TERMINATE THIS AGREEMENT
IMMEDIATELY UPON NOTICE IF YOU FAIL TO
COMPLY WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT. Upon termination, you shall destroy the
Software within fourteen (14) days after the date of such
termination, and upon Sony’s request, provide Sony with the
certification of such destruction. Sony may take any legal and
technical remedies to prevent the violation of and/or to enforce
this Agreement, including without limitation, immediate
termination of your access to the Service if we believe in our
discretion you are violating this Agreement.
9. Indemnification
You agree to indemnify, defend, and hold Sony and all of its
agents, directors, employees, information providers, licensors
and licensees, affiliates, content providers, officers, and parent
(collectively, “Indemnified Parties”), harmless 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 Agreement 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 or (iv) any damage
caused by or alleged to have been caused by you to the Service.
You will cooperate as fully as reasonably required in
Indemnified Party(s) defense of any claim. Sony and/or
Indemnified Parties reserve the right, at its own expense, to
assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in
any event settle any matter without the written consent of Sony
and/or Indemnified Parties.
10. DISCLAIMER OF WARRANTIES AND DAMAGES;
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT USAGE OF THE PRODUCT
AND SERVICE REQUIRES INTERNET SERVICE
PROVIDED BY YOU, FOR WHICH YOU ARE SOLELY
RESPONSIBLE. OPERATION OF THE PRODUCT AND/OR
SERVICE MAY BE LIMITED OR RESTRICTED
DEPENDING UPON THE CAPABILITIES OR TECHNICAL
LIMITATIONS OF YOUR INTERNET SERVICE.
YOUR USE OF THE SOFTWARE, SERVICE, PRODUCT,
CONTENT AND/OR SITE IS AT YOUR OWN RISK. THE
SOFTWARE, SERVICE, CONTENT AND SITE ARE
PROVIDED “AS IS” AND, TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, SONY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (1) FOR THE ACCURACY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT ASSOCIATED
WITH THE SERVICE, SITE, AND/OR SOFTWARE; (2)
THAT THE SERVER(S) THAT MAKES THE SERVICE,
SOFTWARE, AND/OR SITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM, OR CAUSE DAMAGE TO YOUR
COMPUTER, TELEVISION, OTHER EQUIPMENT, OR
ANY OTHER PROPERTY. FURTHERMORE, SONY DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE, SERVICE, AND/OR SITE IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. SHOULD THE SOFTWARE, SERVICE, AND/
OR SITE PROVE DEFECTIVE YOU (AND NOT SONY OR
A SONY AUTHORIZED REPRESENTATIVE) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO SONY’S NEGLIGENCE OR ISSUES
RELATED TO THIRD PARTY CONTENT PROVIDERS,
SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL,
DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B)
THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS
IN THE SOFTWARE, SERVICE, PRODUCT, AND/OR SITE,
EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE
THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT SHALL SONY’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE OR OTHERWISE)
EXCEED $100.00.
