70
US
EXCLUSION OF WARRANTY ON
SOFTWARE
You acknowledge and agree that use of
the SOFTWARE is at your sole risk and that
you are responsible for use of the
SOFTWARE. The SOFTWARE is provided
“AS IS,” without warranty, duty or
condition of any kind.
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”) EXPRESSLY DISCLAIM ALL
WARRANTIES, DUTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. SONY DOES NOT
WARRANT OR MAKE ANY CONDITIONS OR
REPRESENTATIONS (A) THAT THE
FUNCTIONS CONTAINED IN ANY OF THE
SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THEY WILL BE
UPDATED, (B) THAT THE OPERATION OF
ANY OF THE SOFTWARE WILL BE CORRECT
OR ERROR-FREE OR THAT ANY DEFECTS
WILL BE CORRECTED, (C) THAT THE
SOFTWARE WILL NOT DAMAGE ANY
OTHER SOFTWARE, HARDWARE OR DATA,
(D) THAT ANY SOFTWARE, NETWORK
SERVICES (INCLUDING THE INTERNET) OR
PRODUCTS (OTHER THAN THE SOFTWARE)
UPON WHICH THE SOFTWARE’S
PERFORMANCE DEPENDS WILL CONTINUE
TO BE AVAILABLE, UNINTERRUPTED OR
UNMODIFIED, AND (E) REGARDING THE
USE OR THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SONY OR AN
AUTHORIZED REPRESENTATIVE OF SONY
SHALL CREATE A WARRANTY, DUTY OR
CONDITION OR IN ANY WAY INCREASE
THE SCOPE OF THIS WARRANTY. SHOULD
THE SOFTWARE PROVE DEFECTIVE YOU
ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
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 PRODUCT. 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.
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,