76
GB
DAMAGES, SO THE ABOVE EXCLUSION
OR LIMITATION MAY NOT APPLY TO
YOU.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-
PARTY SUPPLIERS may automatically
update or otherwise modify the
SOFTWARE, including, but not limited
to, for purposes of enhancement of
security functions, error correction and
improvement of functions, at such time
as you interact with SONY’s or third
parties’ servers, or otherwise. Such
updates or modifications may delete or
change the nature of features or other
aspects of the SOFTWARE, including,
but not limited to, functions you may
rely upon. You acknowledge and agree
that such activities may occur at SONY’s
sole discretion and that SONY may
condition continued use of the
SOFTWARE upon your complete
installation or acceptance of such
update or modifications. Any updates/
modifications shall be deemed to be,
and shall constitute part of, the
SOFTWARE for purposes of this EULA. By
acceptance of this EULA, you consent to
such update/modification.
ENTIRE AGREEMENT, WAIVER,
SEVERABILITY
This EULA and SONY’s privacy policy,
each as amended and modified from
time to time, together constitute the
entire agreement between you and
SONY with respect to the SOFTWARE.
The failure of SONY to exercise or
enforce any right or provision of this
EULA shall not constitute a waiver of
such right or provision. If any part of this
EULA is held invalid, illegal, or
unenforceable, that provision shall be
enforced to the maximum extent
permissible so as to maintain the intent
of this EULA, and the other parts will
remain in full force and effect.
GOVERNING LAW AND
JURISDICTION
The United Nations Convention on
Contracts for the International Sale of
Goods shall not apply to this EULA. This
EULA shall be governed by the laws of
Japan, without regards to conflict of
laws provisions. Any dispute arising out
of this EULA shall be subject to the
exclusive venue of the Tokyo District
Court in Japan, and the parties hereby
consent to the venue and jurisdiction of
such courts.
EQUITABLE REMEDIES
Notwithstanding anything contained in
this EULA to the contrary, you
acknowledge and agree that any
violation of or non-compliance with this
EULA by you will cause irreparable harm
to SONY, for which monetary damages
would be inadequate, and you consent
to SONY obtaining any injunctive or
equitable relief that SONY deems
necessary or appropriate in such
circumstances. SONY may also take any
legal and technical remedies to prevent
violation of and/or to enforce this EULA,
including, but not limited to, immediate
termination of your use of the
SOFTWARE, if SONY believes in its sole
discretion that you are violating or
intend to violate this EULA. These
remedies are in addition to any other
remedies SONY may have at law, in
equity or under contract.
TERMINATION
Without prejudice to any of its other
rights, SONY may terminate this EULA if
you fail to comply with any of its terms.
In case of such termination, you must
cease all use, and destroy any copies, of
the SOFTWARE.
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND
ANY OF THE TERMS OF THIS EULA AT ITS
