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RESTRICTIONS ON EXPORT OF
ENCRYPTION TECHNOLOGY
The Sony Software, Excluded Software and the
Content may contain encryption technology.
You
acknowledge that any export of Sony
Software, Excluded Software or the Content
containing encryption technology from the
United States or subsequent re-export of such
software or content 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, Excluded Software or the
Content containing encryption technology and
acquired from Sony, Third Party Licensors or
Third Party Providers
is
not intended for use by
a foreign government end user. By accepting
this EULA, you agree to abide by all relevant
U.S. export laws and regulations
in
the
purchase and use of your Sony Product
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 your Sony Product
and the Sony Software, Excluded Software or
Content, to a prohibited country or otherwise
in
violation of any such restrictions or regulations.
US GOVERNMENT RESTRICTED
RIGHTS
The Sony Software and any software contained
in
the Content are 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
252.227-7013 and any
comparable federal, state or local law or
regulation. Manufacturer
is
Sony Electronics
Inc., 16530 Via Esprillo, San Diego, CA 92127.
JURY TRIAL WAIVER
TO
THE EXTENT NOT OTHERWISE
PROHIBITED
BY
APPLICABLE
LAW,
THE
PARTIES HERETO WAIVE TRIAL
BY
JURY
WITH RESPECT TO ANY MATTERS
OR
DISPUTES ARISING UNDER
OR
RELATING
TO
TH
IS
EULA. Any claim or cause of action
12
you may have with respect
to
your Sony
Product, the Sony Software, Excluded
Software, Services or Content must be
commenced within one (1) year after the claim
or cause of action arises.
EQUITABLE REMEDIES
You
agree that any violation of or non-
compliance with this EULA by you will
constitute
an
unlawful and unfair business
practice, and will cause irreparable harm
to
Sony, Third Party Licensors and Third Party
Providers for which monetary damages would
be inadequate, and you consent to Sony
obtaining any injunctive or equitable relief that
Sony deems necessary or appropriate
in
such
circumstances. These remedies are
in
addition
to any other remedies Sony may have under
contract, at law or
in
equity.
ENTIRE AGREEMENT, NOTICE,
WAIVER, SEVERABILITY
This EULA, the limited warranty accompanying
your Sony Product, Sony's then-current
privacy policy, and any additional terms and
conditions posted
on
the Services, Content or
Sony Recommends feature, together
constitute the entire agreement between you
and Sony with respect to your Sony Product,
.the Sony Software, Services, and Content
(excluding any services or content which Sony
or third parties may provide to you under a
separate written agreement), and completely
supersedes, cancels and replaces any and
all
other written or oral agreements or
understandings previously existing between
you and Sony with respect to such subject
matter. The United Nations Convention
on
Contracts for the International Sale of Goods
shall not apply to this EULA, including
but
not
limited to your Sony Product, the Sony
Software, Services or Content. Furthermore,
this EULA (including but limited to your Sony
Product, the Sony Software, Services and
Content) will not be governed or interpreted
in
any way by referring to any law based on the
Uniform Computer Information Transactions
Act (UCITA) or any other act derived from or
related to UCIT
A,
even if such law
is
adopted
in
Ontario, Canada. Any notice by Sony
hereunder may be made by letter, e-mail, or
posting
on
the Sony Recommends feature,