Sony KDL-47W802A End User License Agreement - Page 7

Modification Of Eula As To Services - parts

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AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO SERVICES From time to time, Sony or third parties may automatically update or otherwise modify the Sony Software, for example, but not limited to, for purposes of error correction, improvement of features, and enhancement of security features. Such updates or modifications may change or delete the nature of features or other aspects of the Sony Software, including features 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 Sony Software upon your complete installation or acceptance of such update or modifications. Sony may add to, change, or remove any part, term, or condition of the EULA as it applies to the Sony Software, the Services, and/or the Content at any time without prior notice to you. Any such additions, changes, or removals or any terms posted in the Sony Entertainment Network feature shall apply as soon as they are posted. By continuing to access the Services, the Sony Content Services, the Content, and/or the Sony Content after so posted, you are indicating your acceptance thereto. SONY MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND ANY OF THE SERVICES OR THE SONY CONTENT SERVICES, TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE TO ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE THIS EULA AS TO THE SERVICES, THE SONY CONTENT SERVICES, THE CONTENT, AND/OR THE SONY CONTENT IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony may take any legal and technical remedies to prevent violation of and/or to enforce this EULA, including, without limitation, immediate termination of your access to the Services, if Sony believes in its discretion that you are violating this EULA. HIGH RISK ACTIVITIES The Sony Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring failsafe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Sony Software could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SONY, EACH OF THE THIRD PARTY LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH RISK ACTIVITIES. RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY The Sony Software and the Content may contain encryption technology. You acknowledge that any export of Sony Software or the Content containing encryption technology from the United States or subsequent re-export of such software by a person located outside of the United States requires a license or other authorization from the U.S. Department of Commerce's Bureau of Industry and Security. You further acknowledge that the Sony Software or the Content containing encryption technology and acquired from Sony is not intended for use by a foreign government end user. By accepting this license agreement, you agree to abide by all relevant U.S. export laws and regulations in the purchase and use of the Sony product being acquired, including but not limited to those regulations relating to the export control of cryptographic items and not to transfer, or authorize the transfer, of the Sony Software or the Content to a prohibited country or otherwise in violation of any such restrictions or regulations. US GOVERNMENT RESTRICTED RIGHTS The Sony Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software clause at FAR 52.227 19, and subparagraph (c) (i)(ii) of the Rights in Technical Data and Computer Software clause at DOD FAR 7

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7
AUTOMATIC UPDATE FEATURE /
MODIFICATION OF EULA AS TO SERVICES
From time to time, Sony or third parties
may automatically update or otherwise
modify the Sony Software, for example,
but not limited to, for purposes of error
correction, improvement of features, and
enhancement of security features. Such
updates or modifications may change or
delete the nature of features or other aspects
of the Sony Software, including features
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 Sony Software upon
your complete installation or acceptance of
such update or modifications. Sony may
add to, change, or remove any part, term,
or condition of the EULA as it applies to
the Sony Software, the Services, and/or the
Content at any time without prior notice
to you.
Any such additions, changes, or
removals or any terms posted in the Sony
Entertainment Network feature shall apply
as soon as they are posted.
By continuing
to access the Services, the Sony Content
Services, the Content, and/or the Sony
Content after so posted, you are indicating
your acceptance thereto.
SONY MAY
ADD, CHANGE, DISCONTINUE, REMOVE,
OR SUSPEND ANY OF THE SERVICES
OR THE SONY CONTENT SERVICES,
TEMPORARILY OR PERMANENTLY, AT ANY
TIME, WITHOUT NOTICE AND WITHOUT
LIABILITY.
WITHOUT PREJUDICE TO ANY
OTHER RIGHTS, SONY MAY SUSPEND
OR TERMINATE THIS EULA AS TO THE
SERVICES, THE SONY CONTENT SERVICES,
THE CONTENT, AND/OR THE SONY
CONTENT IMMEDIATELY UPON NOTICE IF
YOU FAIL TO COMPLY WITH THE TERMS
AND CONDITIONS OF THIS EULA.
Sony
may take any legal and technical remedies
to prevent violation of and/or to enforce
this EULA, including, without limitation,
immediate termination of your access to the
Services, if Sony believes in its discretion
that you are violating this EULA.
HIGH RISK ACTIVITIES
The Sony Software is not fault-tolerant and is
not designed, manufactured or intended for
use or resale as on-line control equipment
in hazardous environments requiring fail-
safe performance, such as in the operation
of nuclear facilities, aircraft navigation or
communication systems, air traffic control,
direct life support machines, or weapons
systems, in which the failure of the Sony
Software could lead to death, personal injury,
or severe physical or environmental damage
(“High Risk Activities”). SONY, EACH OF
THE THIRD PARTY LICENSORS, AND
EACH OF THEIR RESPECTIVE AFFILIATES
SPECIFICALLY DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTY OR CONDITION OF
FITNESS FOR HIGH RISK ACTIVITIES.
RESTRICTIONS ON EXPORT OF
ENCRYPTION TECHNOLOGY
The Sony Software and the Content
may contain encryption technology. You
acknowledge that any export of Sony
Software or the Content containing
encryption technology from the United
States or subsequent re-export of such
software by a person located outside of the
United States requires a license or other
authorization from the U.S. Department
of Commerce’s Bureau of Industry and
Security. You further acknowledge that the
Sony Software or the Content containing
encryption technology and acquired from
Sony is not intended for use by a foreign
government end user. By accepting this
license agreement, you agree to abide by all
relevant U.S. export laws and regulations in
the purchase and use of the Sony product
being acquired, including but not limited
to those regulations relating to the export
control of cryptographic items and not to
transfer, or authorize the transfer, of the
Sony Software or the Content to a prohibited
country or otherwise in violation of any such
restrictions or regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided with
RESTRICTED RIGHTS. Use, duplication or
disclosure by the United States Government
is subject to restrictions as set forth in
subparagraphs (c)(1) and (c)(2) of the
Commercial Computer Software clause
at FAR 52.227 19, and subparagraph (c)
(i)(ii) of the Rights in Technical Data and
Computer Software clause at DOD FAR