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.
