Sony DPT-S1 Startup Guide - Page 10

and 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 PRODUCT and the SOFTWARE (b) to improve, service, update or upgrade the PRODUCT or the SOFTWARE; (c) improving, developing and enhancing the current and future products and services of SONY and other parties; (d) with your consent, 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 PRODUCT, including but not limited to Internet connectivity, may rely upon location information, including the real-time geographic location of the PRODUCT. You acknowledge that for the purpose of providing such services, Sony, Third Party Licensors 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 use Information to personally identify the owner or user of the PRODUCT 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: U.S.: https://products.sel. sony.com/SEL/legal/privacy. html; 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. 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 endeavors 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 third parties 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 functions you may rely upon. You hereby 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, the limited warranty accompanying the PRODUCT, and Sony's privacy policy, each as amended and modified from to time, together constitute the entire agreement between you and SONY with respect to the SOFTWARE. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA, the PRODUCT or the SOFTWARE. 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. 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 This EULA shall be governed by the laws of the applicable territory. 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. 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: (i) cease all use, and destroy any copies, of the SOFTWARE; (ii) comply with the requirements in the section below entitled "De-registering your Product". 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. DE-REGISTERING YOUR PRODUCT Should you return your PRODUCT to its place of purchase, transfer your PRODUCT in accordance with this EULA, or if this EULA is terminated, you must: (i) de-register the PRODUCT by deleting any and all accounts you may have established on or have accessed through the PRODUCT; and (ii) reset the PRODUCT to its original factory settings. YOU ARE SOLELY RESPONSIBLE FOR 10