Sony KDL-55HX750 - Manual (Page 7)


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 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