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Information may be processed, stored or transferred to SONY, its affiliates or agents which are located
in countries outside of your country of residence. Data protection and information privacy laws in
certain countries may not offer the same level of protection as your country of residence and you may
have fewer legal rights in relation to Information processed and stored in, or transferred to, such
countries. SONY will use reasonable efforts to take appropriate technical and organizational steps to
prevent unauthorized access to or disclosure of Information, but does not warrant it will eliminate all
risk of misuse of such Information.
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.
JURISDICTION, JURY TRIAL WAIVER
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this
EULA. Furthermore, this EULA will not be governed or interpreted in any way by referring to any law
based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from
or related to UCITA. This EULA, any disputes or claims arising out of or related to this EULA and your
relationship with Sony under this EULA, shall be governed by and construed in accordance with the
laws of the State of California, United States, without regard to its conflict of laws principles. Any and
all disputes or claims arising out of or relating to this EULA or your relationship with SONY under this
EULA shall be determined by arbitration in San Diego, California, before three (3) impartial arbitrators,
in accordance with the laws of the State of California, United States, without regard to its conflict of
laws principles. If you reside in the United States, the arbitration shall be administered by JAMS and
the arbitrators shall be selected pursuant to the rules and procedures of JAMS. If you reside outside the
United States, the arbitration shall be administered by ICC and the arbitrators shall be selected pursuant
to the rules and procedures of ICC. The parties shall bear their own costs and expenses, including
attorneys’ fees, but the arbitrators may, in the award, allocate all of the administrative costs of the
arbitration, including the fees of the arbitrators, against the party who did not prevail. The decision of
the arbitrators shall be final and non-appealable. Judgment on any award may be entered in any court
having competent jurisdiction. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SONY AND
YOU EXPRESSLY WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS OR
DISPUTES ARISING UNDER OR RELATING TO THIS EULA. Any claim or cause of action arising
under this EULA must be commenced within one (1) year after the claim or cause of action arises.
136


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