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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.
5
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