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INTELLECTUAL PROPERTY / NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND
AGENT FOR NOTICE
Sony respects the intellectual property rights of others, and we ask you to do the same. It is Sony’s policy, at its discretion as appropriate, (a) to terminate and/or disable
the Content of Third Party Providers or users of the Services who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Sony, its
Third Party Providers or others; and/or (b) to forward reports of intellectual property rights violations to Third Party Providers and others for review and action per the
terms of such Third Party Provider’s procedures for protection of intellectual property rights. The Sony Software and Content are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws and treaties. There may be proprietary logos, service marks, trademarks, likenesses, and trade
names found in the Sony Software, the Content, or on the Services. By making the Sony Software and Content available on the Services, Sony and the Third Party
Providers are not granting you any licence to utilize those proprietary logos, service marks, trademarks, likenesses, or trade names. Any unauthorized use of the Sony
Software, the Services, or the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All right, title, and
interest in and to the Sony Software and the Content, and any and all copies or portions thereof, are owned by Sony, its licensors, Third Party Licensors, suppliers and/
or Third Party Providers. All rights not specifically granted under this EULA are reserved by Sony, its licensors, Third Party Licensors, suppliers and/or Third Party
Providers.
You are responsible for all your activities hereunder, including all legal liability incurred from access, browsing, or use of the Services by you or by others who use the
Services via your Sony Product or Account (as defined in the User Account section). You may use the Sony Software, the Services, and the Content for lawful purposes
only. You may not distribute, exchange, modify, sell, or transmit anything you may copy from the Sony Software, the Services, or the Content, including but not limited
to any data, text, software, likenesses, photographs, images, graphics, audio, music, sound, video, messages, and tags, for any business, commercial, or public purpose.
As long as you comply with the 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 (the contact point of which is described in the documents accompanying with Sony Product) 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.
INDEMNIFICATION
To the maximum extent as permitted under the applicable law, you agree to indemnify, defend, and hold harmless Sony and all of its agents, directors, officers,
employees, information providers, licensors and licensees, affiliates, content providers, and direct and indirect parent(s) (collectively, “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. To the maximum extent as
permitted under the applicable law, 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 or any Indemnified Party without the prior written consent of Sony and/or Indemnified Party(s).
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 your residence or subsequent re-export of such software by a person located outside of your residence might require a licence or other authorization
from any governmental authority. By accepting this licence agreement, you agree to abide by all applicable 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.
JURY TRIAL WAIVER
EVEN IF TRIAL BY JURY MAY BE ADOPTED UNDER THE APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY
MATTERS ARISING UNDER OR RELATING TO THIS EULA TO THE MAXIMUM EXTENT AS PERMITTED UNDER THE APPLICABLE LAW. Any cause of
action you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises to the maximum extent as permitted
under the applicable law. Some jurisdictions do not allow limitations on the time for commencement of actions (or prescribe a longer period), so this limitation may
not apply to you.
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY AND JURISDICTION
This EULA, the limited warranty accompanying the Sony Product, Sony’s then-current privacy policy, and any additional terms and conditions posted on the Services,
together constitute the entire agreement between you and Sony with respect to the Sony Product, the Sony Software, the Services, and the Content. Any notice by Sony
hereunder may be made by letter, e-mail, or posting on the Services. 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. To the extent permissible by law, this agreement shall be governed by
and construed in accordance with the laws of Japan.