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70
GB
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
SOLE DISCRETION BY POSTING NOTICE ON
A SONY DESIGNATED WEB SITE, BY EMAIL
NOTIFICATION TO AN EMAIL ADDRESS
PROVIDED BY YOU, BY PROVIDING
NOTICE AS PART OF THE PROCESS IN
WHICH YOU OBTAIN UPGRADES/
UPDATES OR BY ANY OTHER LEGALLY
RECOGNIZABLE FORM OF NOTICE. If you
do not agree to the amendment, you
should promptly contact SONY for
instructions. Your continued use of the
SOFTWARE after the effective date of any
such notice shall be deemed your
agreement to be bound by such
amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER is an
express intended third-party beneficiary
of, and shall have the right to enforce,
each provision of this EULA with respect
to the SOFTWARE of such party.
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