Sony XBR-84X900 - Manuel (Page 51)

D:\TV's JOB\SONY TV\SY120108_B16\4437555111_US\US07PRE.fm
XBR-84X900
4-437-555-11(1)
51 US
US
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 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 the United States
or subsequent re-export of such software by
a person located outside of the United States
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