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LIMITATION OF LIABILITY
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SONY and
each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as “SONY”) SHALL NOT
BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF
ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY
ASSOCIATED HARDWARE, DOWN TIME AND USER’S TIME, EVEN IF ANY OF THEM
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH
AND ALL OF THEIR AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS EULA
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SOFTWARE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION DATA, DATA
SECURITY
You acknowledge and agree that SONY and its affiliates, partners and agents may read, collect,
transfer, process and store certain information collected from the SOFTWARE, including but not
limited to information about (i) the SOFTWARE and (ii) the software applications, contents and
peripheral devices that interact with your DEVICE and the SOFTWARE (“Information”). Information
includes, but is not limited to: (1) unique identifiers relating to your DEVICE and its components; (2)
performance of the DEVICE, the SOFTWARE and their components; (3) configurations of your
DEVICE, the SOFTWARE and the software applications, contents and peripheral devices that interact
with the DEVICE and the SOFTWARE; (4) use and frequency of use of the functions of (x) the
SOFTWARE, and (y) the software applications, contents and peripheral devices that interact with the
SOFTWARE; and (5) location data, as indicated below. SONY and its affiliates, partners and agents
may use and disclose Information subject to applicable laws in order to improve its products and
services or to provide products or services to you. Such uses include, but are not limited to: (a)
administering the functionalities of the SOFTWARE; (b) to improve, service, update or upgrade the
SOFTWARE; (c) improving, developing and enhancing the current and future products and services of
SONY and other parties; (d) to provide you with information about the products and services offered by
SONY and other parties; (e) complying with applicable laws or regulations; and (f) to the extent
offered, providing you with location-based services of SONY and other parties, as indicated below. In
addition, SONY retains the right to use Information to protect itself and third parties from illegal,
criminal or harmful conduct.
Certain services available through the SOFTWARE may rely upon location information, including, but
not limited to, the geographic location of the DEVICE. You acknowledge that for the purpose of
providing such services, SONY, the THIRD-PARTY SUPPLIERS or their partners may collect,
archive, process and use such location data, and that such services are governed by the privacy policies
of SONY or such third party. By using any such services, you agree that you have reviewed the privacy
policies applicable to such services and consent to such activities.
SONY, its affiliates, partners and agents will not intentionally use Information to personally identify the
owner or user of the SOFTWARE without your knowledge or consent. Any use of Information will be
in accordance with the privacy policies of SONY or such third party. SONY’s current privacy policy is
located at: www.sony.com/selprivacy.
Please contact applicable third parties for privacy policies relating to personally identifiable and other
information you provide when you use or access third party software or services.
135


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