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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.