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likenesses, photographs, images, graphics, audio,
your counsel will cooperate as fully as reasonably
music, sound, video, messages, and tags, for any
required by the Indemnified Party(s) in defense or
business, commercial, or public purpose. As long as
settlement of any claim. Sony and/or Indemnified
you comply with the terms of this EULA, Sony
Party(s) reserve the right, at its own expense, to
grants you a nonexclusive, nontransferable, limited
assume the exclusive defense or settlement, and
right to use the Sony Entertainment Network
control of any matter otherwise subject to
feature to access the Services and the Content as
indemnification by you. You shall not in any event
set forth in this EULA. You further agree not to
consent to any judgment, settlement, attachment,
interrupt/disrupt or attempt to interrupt/disrupt
or lien, or any other act adverse to the interest of
the operation of the Sony Software, the Service or
Sony or any Indemnified Party without the prior
the Content in any way.
written consent of Sony and/or Indemnified
If you believe your work has been copied in a way
Party(s).
that constitutes copyright infringement, or that
AUTOMATIC UPDATE FEATURE / MODIFICATION
your intellectual property rights have otherwise
OF EULA AS TO SERVICES
been violated, please first contact the Third Party
Provider for the particular Service. If you are unable
From time to time, Sony or third parties may
to contact such Third Party Provider, or the content
automatically update or otherwise modify the Sony
at issue is Sony’s, you may contact Sony’s
Software, for example, but not limited to, for
Intellectual Property Agent (listed below) with the
purposes of error correction, improvement of
following information in a written notice: (a) an
features, and enhancement of security features.
electronic or physical signature of the person
Such updates or modifications may change or
authorized to act on behalf of the copyright or
delete the nature of features or other aspects of
other intellectual property interest; (b) a
the Sony Software, including features you may rely
description of the copyrighted work or other
upon. You hereby agree that such activities may
intellectual property that you claim has been
occur at Sony’s sole discretion and that Sony may
infringed; (c) a description of the particular Service
condition continued use of the Sony Software upon
and where the material that you claim is infringing
your complete installation or acceptance of such
is located on such Service, with enough detail that
update or modifications. Sony may add to, change,
we may find the material; (d) your address,
or remove any part, term, or condition of the EULA
telephone number, and e-mail address; (e) a
as it applies to the Sony Software, the Services,
statement by you that you have a good faith belief
and/or the Content at any time without prior notice
that the disputed use is not authorized by the
to you. Any such additions, changes, or removals or
copyright or intellectual property owner, its agent,
any terms posted in the Sony Entertainment
or the law; and (f) a statement by you, made under
Network feature shall apply as soon as they are
penalty of perjury, that the above information in
posted. By continuing to access the Services, the
your notice is accurate and that you are the
Sony Content Services, the Content, and/or the
copyright or intellectual property owner or
Sony Content after so posted, you are indicating
authorized to act on the copyright or intellectual
your acceptance thereto. SONY MAY ADD, CHANGE,
property owner’s behalf. Sony’s agent for notice of
DISCONTINUE, REMOVE, OR SUSPEND ANY OF THE
copyright or other intellectual property right
SERVICES OR THE SONY CONTENT SERVICES,
infringement is as follows: Intellectual Property
TEMPORARILY OR PERMANENTLY, AT ANY TIME,
Agent, c/o Sony Electronics Inc., 16530 Via Esprillo,
WITHOUT NOTICE AND WITHOUT LIABILITY.
San Diego, CA 92127; Facsimile (858) 942-1111;
WITHOUT PREJUDICE TO ANY OTHER RIGHTS, SONY
E-Mail IPagent@am.sony.com
MAY SUSPEND OR TERMINATE THIS EULA AS TO
THE SERVICES, THE SONY CONTENT SERVICES, THE
INDEMNIFICATION
CONTENT, AND/OR THE SONY CONTENT
You agree to indemnify, defend, and hold harmless
IMMEDIATELY UPON NOTICE IF YOU FAIL TO
Sony and all of its agents, directors, officers,
COMPLY WITH THE TERMS AND CONDITIONS OF
employees, information providers, licensors and
THIS EULA. Sony may take any legal and technical
licensees, affiliates, content providers, and direct
remedies to prevent violation of and/or to enforce
and indirect parent(s) (collectively, “Indemnified
this EULA, including, without limitation, immediate
Parties”) from and against any and all liability and
termination of your access to the Services, if Sony
costs (including, without limitation, attorneys’ fees
believes in its discretion that you are violating this
and costs) incurred by the Indemnified Parties in
EULA.
connection with any claim arising out of (i) any
HIGH RISK ACTIVITIES
breach or alleged breach by you of this EULA in any
manner, (ii) any information you submit to Sony
The Sony Software is not fault-tolerant and is not
hereunder, (iii) any breach or alleged breach by you
designed, manufactured or intended for use or
of a third party’s rights, (iv) any damage caused by
resale as on-line control equipment in hazardous
or alleged to have been caused by you to the Sony
environments requiring fail-safe performance, such
Software, the Services, or the Content. Counsel you
as in the operation of nuclear facilities, aircraft
select for defense or settlement of a claim must be
navigation or communication systems, air traffic
consented to by Sony and/or Indemnified Party(s)
control, direct life support machines, or weapons
prior to counsel being engaged to represent you
systems, in which the failure of the Sony Software
and Sony and/or Indemnified Party(s). You and
could lead to death, personal injury, or severe
physical or environmental damage (“High Risk
12GB
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