Sony KDL-46EX645 - Manual (Page 6)


(collectively, “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 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 BRAVIA ®
Internet Video 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
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 or the Content containing
encryption technology and acquired from Sony is
not intended for use by a foreign government end
user. By accepting this license agreement, you
agree to abide by all relevant U.S. export laws and
regulations in the purchase and use of the Sony
product being acquired, including but not limited