SONY ERICSSON PRODUCT IS REPAIRED OR REPLACED. WITH RESPECT TO THE OPERATION OF PLAYNOW, IN NO EVENT SHALL SONY ERICSSON BE LIABLE FOR ANY USER ERROR, OR FOR THE AVAILABILITY, FAILURE OR NON- PERFORMANCE OF THE NETWORK SERVICE ON WHICH THE SONY ERICSSON DEVICE OPERATES.

Support

Sony Ericsson and its agents or representatives hereby reserve the right to refer the consumer to the relevant operator if the reason for the error is exclusively due to non-availability or non- functionality of the operator’s services. In the event Sony Ericsson is required under law to remedy any failed delivery of a PlayNow content, Sony Ericsson’s sole obligation to you, as determined in its absolute discretion shall be to repair or replace the Content. If, in Sony Ericsson’s discretion such repair

or replacement cannot be performed,

Sony Ericsson will provide a refund in the amount of or your payment for the content. Sony Ericsson reserves the right to charge you a reasonable handling fee where the error may be attributed to you and/or your non compliance with all instructions applicable to PlayNow, including without limitation what is stated herein and in the phone display.

Access to PlayNow and Limitation

Sony Ericsson may change, modify or withdraw access to PlayNow at any time, including its services, without prior notice, and without any liability whatsoever. Sony Ericsson is not liable for the temporary non-availability of PlayNow, or for any delay or damage during the transmission. To the fullest extent permitted by law, no warranty of any kind is made in relation to the condition, suitability, availability, accuracy, reliability, merchantability and/or non-infringement of PlayNow or Content provided through the service,

the user’s own equipment, any public communication and/or operator networks or that provision of this PlayNow or the services will be uninterrupted or error-free.

Export

The Content may be subject to applicable export control laws. You agree to obey all such laws and regulations with respect to your possession and use of the Content.

Dispute Resolution

Any controversy arising out of Sony Ericsson’s provision of the Content or your use or attempted use of such Content shall be fully and finally resolved by the courts of your home country. The laws of the state of New York shall apply to the extent permitted by law, without regard to any conflict of law principles.

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