SERVICE.
SONY,
ITS
AFFILIATES,
AND
ITS
THIRD
PARTY
PROVIDERS
SHALL
HAVE
NO
RESPONSIBILITY
FOR
THE
TIMELINESS,
DELETION,
MIS-
DELIVERY,
OR
FAILURE
TO
STORE
ANY
USER
COMMUNICATIONS
OR
PERSONALIZED
SETTINGS.
THE
SONY
SOFTWARE
AND
ACCOMPANYING
DOCUMENTATION,
THE
SERVICES,
AND
THE
CONTENT
ARE
FURNISHED
TO
YOU
"AS
IS"
AND
WITHOUT
WARRANTIES
OR
CONDITIONS,
STATUTORY
OR
ACKNOWLEDGE
THAT
YOU
ARE
USING
THE
SERVICES
AT
YOUR
OWN
RISK
AND
THAT
SONY
HAS
NO
LIABILITY
TO
YOU
FOR
THE
CONTENT,
INCLUDING
ANY
CONTENT
THAT
MAY
BE
OFFENSIVE.
YOU
ARE
RESPONSIBLE
FOR
SUPERVISING
THE
USE
OF
THE
SONY
PRODUCT,
THE
SONY
SOFTWARE,
EXCLUDED
SOFTWARE,
THE
SERVICES,
AND
THE
CONTENT
BY
ANY
MINOR.
IF
YOU
ARE
UNDER
THE
AGE
OF
16,
YOU
SHOULD
ASK
YOUR
PARENT(S)
OR
A
GUARDIAN
BEFORE
YOU:
(I)
TERMS
OF
THIS
EULA,
SONY
GRANTS
YOU
A
NONEXCLUSIVE,
NONTRANSFERABLE,
LIMITED
RIGHT
TO
USE
THE
SONY
ENTERTAINMENT
NETWORK
FEATURE
TO
ACCESS
THE
SERVICES
AND
THE
CONTENT
AS
SET
FORTH
IN
THIS
EULA.
YOU
FURTHER
AGREE
NOT
TO
INTERRUPT
/DISRUPT
OR
ATTEMPT
TO
INTERRUPT
/DISRUPT
THE
OPERATION
OF
THE
SONY
SOFTWARE,
THE
SERVICE
OR
THE
CONTENT
IN
ANY
WAY.
IF
YOU
BELIEVE
YOUR
WORK
HAS
BEEN
COPIED
IN
A
WAY
THAT
CONSTITUTES
COPYRIGHT
INFRINGEMENT,
OR
THAT
YOUR
INTELLECTUAL
PROPERTY
RIGHTS
HAVE
OTHERWISE
BEEN
VIOLATED,
PLEASE
FIRST
CONTACT
THE
THIRD
PARTY
PROVIDER
FOR
THE
PARTICULAR
SERVICE.
IF
YOU
ARE
UNABLE
TO
CONTACT
SUCH
THIRD
PARTY
PROVIDER,
OR
THE
CONTENT
AT
ISSUE
IS
SONY'S,
YOU
MAY
CONTACT
SONY'S
INTELLECTUAL
PROPERTY
AGENT
(LISTED
BELOW)
WITH
THE
FOLLOWING
INFORMATION
IN
A
WRITTEN
NOTICE:
(A)
AN
ELECTRONIC
OR
PHYSICAL
SIGNATURE
OF
THE
PERSON
AUTHORIZED
TO
ACT
ON
BEHALF
OF
THE
COPYRIGHT
OR
OTHER
INTELLECTUAL
PROPERTY
INTEREST;
(B)
A
DESCRIPTION
OF
THE
COPYRIGHTED
WORK
OR
OTHER
INTELLECTUAL
PROPERTY
THAT
YOU
CLAIM
HAS
BEEN
INFRINGED;
(C)
A
DESCRIPTION
OF
THE
PARTICULAR
SERVICE
AND
WHERE
THE
MATERIAL
THAT
YOU
CLAIM
IS
INFRINGING
IS
LOCATED
ON
SUCH
SERVICE,
WITH
ENOUGH
DETAIL
THAT
WE
MAY
FIND
THE
MATERIAL;
(D)
YOUR
ADDRESS,
TELEPHONE
NUMBER,
AND
E-MAIL
ADDRESS;
(E)
A
STATEMENT
BY
YOU
THAT
YOU
HAVE
A
GOOD
FAITH
BELIEF
THAT
THE
DISPUTED
USE
IS
NOT
AUTHORIZED
BY
THE
COPYRIGHT
OR
INTELLECTUAL
PROPERTY
OWNER,
ITS
AGENT,
OR
THE
LAW;
AND
(F)
A
STATEMENT
BY
YOU,
MADE
UNDER
PENALTY
OF
PERJURY,
THAT
THE
ABOVE
INFORMATION
IN
YOUR
NOTICE
IS
ACCURATE
AND
THAT
YOU
ARE
THE
COPYRIGHT
OR
INTELLECTUAL
PROPERTY
OWNER
OR
AUTHORIZED
TO
ACT
ON
THE
COPYRIGHT
OR
INTELLECTUAL
PROPERTY
OWNER'S
BEHALF.
SONY'S
AGENT
FOR
NOTICE
OF
COPYRIGHT
OR
OTHER
INTELLECTUAL
PROPERTY
RIGHT
INFRINGEMENT
IS
AS
FOLLOWS:
INTELLECTUAL
PROPERTY
AGENT,
C/O
SONY
ELECTRONICS
INC.,
16530
VIA
ESPRILLO,
SAN
DIEGO,
CA
92127;
FACSIMILE
(858)
942-1111;
E-MAIL IPagent@am.sony.com
INDEMNIFICATION
You
agree
to
indemnify, defend, and hold harmless Sony and all
of
its agents, directors, officers, employees,
information providors, licensors and licensees, affiliates, content providers, and direct and indirect parent(s)
(collectively, "the Indemnified Parties") from and against any and all liability and costs (including, without limitation,
attorneys' fees and costs) incurred
by
the Indemnified Parties in connection
with
any claim arising out
of
(i)
any
breach
or
alleged breach by you
of
this
EULA
in any manner, (ii) any information you submit
to
Sony hereunder, (iii)
any breach
or
alleged breach
by
you
of
a third party's rights, (iv) any damage caused by
or
alleged to have been
caused by you
to
the
Sony Software,
the
Services,
or
the Content. Counsel you select for defense or settlement
of
a claim
must
be consented
to
by Sony
and/or
Indemnified Party(s) prior
to
counsel being engaged
to
represent
you and Sony
and/or
Indemnified Party(s).
You
and your counsel will cooperate
as
fully
as
reasonably required by
the
Indemnified Party(s) in defense
or
settlement
of
any claim. Sony
and/or
Indemnified Party(s) reserve
the
right,
at its own expense,
to
assume
the
exclusive defense
or
settlement, and control
of
any matter otherwise subject to
indemnification
by
you.
You
shall
not
in any event consent
to
any judgment, settlement, attachment, or lien,
or
any
other act adverse
to
the interest
of
Sony
and/or
any Indemnified Party
without
the
prior written consent
of
Sony
and/or
Indemnified Party(s).
LIMITATION OF LIABILITY
IN
NO
EVENT
WILL
SONY
(INCLUDING
BUT
NOT
LIMITED
TO
ANY
NEGLIGENCE
ISSUES
RELATED
TO
THIRD
PARTY
LICENSORS
OR
THIRD
PARTY
PROVIDERS),
ITS
AFFILIATES,
ITS
THIRD
PARTY
LICENSORS
OR
ITS
THIRD
PARTY
PROVIDERS
BE
LIABLE
TO
YOU
FOR
ANY
SPECIAL,
INDIRECT,
INCIDENTAL,
PUNITIVE,
EXEMPLARY,
OR
CONSEQUENTIAL
DAMAGES
OF
ANY
KIND,
INCLUDING
BUT
NOT
LIMITED
TO
COMPENSATION,
REIMBURSEMENT
OR
DAMAGES
IN
CONNECTION
WITH,
ARISING
OUT
OF
OR
RELATING
TO
THIS
EULA,
ON
ACCOUNT
OF
THE
LOSS
OF
USE
OF
THE
SONY
PRODUCT,
DOCUMENTATION,
THE
SERVICES,
THE
CONTENT,
DOWN
TIME
AND
YOUR
TIME,
LOSS
OF
PRESENT
OR
PROSPECTIVE
PROFITS,
LOSS
OF
DATA,
INFORMATION
OF
ANY
KIND,
BUSINESS
PROFITS,
OR
OTHER
COMMERCIAL
LOSS
,
OR
FOR
ANY
OTHER
REASON
WHATSOEVER,
EVEN
IF
SONY,
ITS
AFFILIATES,
ITS
THIRD
PARTY
LICENSORS,
OR
ITS
THIRD
PARTY
PROVIDERS
HAVE
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
THE
SONY
SOFTWARE
AND
ACCOMPANYING
DOCUMENTATION,
THE
SERVICES,
AND
THE
CONTENT
ARE
FURNISHED
TO
YOU
FOR
USE
AT
YOUR
OWN
RISK.
SONY,
ITS
AFFILIATES,
ITS
THIRD
PARTY
LICENSORS,
AND
ITS
THIRD
PARTY
PROVIDERS
WILL
NOT
BE
LIABLE
FOR
DAMAGES
FOR
BREACH
OF
ANY
EXPRESS
OR
IMPLIED
WARRANTY
OR
CONDITION,
BREACH
OF
CONTRACT,
NEGLIGENCE,
STRICT
LIABILITY
OR
ANY
OTHER
LEGAL
THEORY
RELATED
TO
THE
SONY
SOFTWARE,
THE
SERVICES,
THE
CONTENT,
OR
THIS
EULA.
Some jurisdictions may
not
allow exclusions
or
limitations
of
incidental or consequential damages, exclusions or
limitations
of
implied warranties
or
conditions,
or
allow limitations on
how
long an implied warranty lasts,
so
the
above limitations
or
exclusions may
not
apply
to
you.
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