Sony DPT-S1 - Manual (Page 10)

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identify the owner or user of
the PRODUCT without your
knowledge or consent. Any
use of Information will be in
accordance with the privacy
policies of Sony or such third
party. SONY’s current privacy
policy is located at:
U.S.: https://products.sel.
sony.com/SEL/legal/privacy.
html;
Please contact applicable
third parties for privacy
policies relating to personally
identifiable and other
information you provide
when you use or access third
party software or services.
Information may be
processed, stored or
transferred to SONY, its
affiliates or agents which are
located in countries outside
of your country of residence.
Data protection and
information privacy laws in
certain countries may not
offer the same level of
protection as your country of
residence and you may have
fewer legal rights in relation
to Information processed
and stored in, or transferred
to, such countries. Sony will
use reasonable endeavors to
take appropriate technical
and organizational steps to
prevent unauthorized access
to or disclosure of
Information, but does not
warrant it will eliminate all
risk of misuse of such
Information.
AUTOMATIC UPDATE
FEATURE
From time to time, SONY or
third parties may
automatically update or
otherwise modify the
SOFTWARE, including, but
not limited to, for purposes
of enhancement of security
functions, error correction
and improvement of
functions, at such time as
you interact with SONY’s or
third parties’ servers, or
otherwise. Such updates or
modifications may delete or
change the nature of
features or other aspects of
the SOFTWARE, including
functions 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
SOFTWARE upon your
complete installation or
acceptance of such update
or modifications. Any
updates/modifications shall
be deemed to be, and shall
constitute part of, the
SOFTWARE for purposes of
this EULA. By acceptance of
this EULA, you consent to
such update/modification.
ENTIRE AGREEMENT,
WAIVER, SEVERABILITY
This EULA, the limited
warranty accompanying the
PRODUCT, and Sony’s privacy
policy, each as amended and
modified from to time,
together constitute the entire
agreement between you and
SONY with respect to the
SOFTWARE. The United
Nations Convention on
Contracts for the
International Sale of Goods
shall not apply to this EULA,
the PRODUCT or the
SOFTWARE. Furthermore, this
EULA 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
UCITA. The failure of SONY to
exercise or enforce any right
or provision of this EULA
shall not constitute a waiver
of such right or provision. If
any part of this EULA is held
invalid, illegal, or
unenforceable, that provision
shall be enforced to the
maximum extent permissible
so as to maintain the intent
of this EULA, and the other
parts will remain in full force
and effect.
JURISDICTION, JURY TRIAL
WAIVER
This EULA shall be governed
by the laws of the applicable
territory. EXCEPT TO THE
EXTENT PROHIBITED BY LAW,
SONY AND YOU EXPRESSLY
WAIVE TRIAL BY JURY WITH
RESPECT TO ANY MATTERS
OR DISPUTES ARISING UNDER
OR RELATING TO THIS EULA. TERMINATION
Without prejudice to any of
its other rights, SONY may
terminate this EULA if you fail
to comply with any of its
terms. In case of such
termination, you must: (i)
cease all use, and destroy
any copies, of the
SOFTWARE; (ii) comply with
the requirements in the
section below entitled
“De-registering your
Product”.
AMENDMENT
SONY RESERVES THE RIGHT
TO AMEND ANY OF THE
TERMS OF THIS EULA AT ITS
SOLE DISCRETION BY
POSTING NOTICE ON A SONY
DESIGNATED WEB SITE, BY
EMAIL NOTIFICATION TO AN
EMAIL ADDRESS PROVIDED
BY YOU, BY PROVIDING
NOTICE AS PART OF THE
PROCESS IN WHICH YOU
OBTAIN UPGRADES/UPDATES
OR BY ANY OTHER LEGALLY
RECOGNIZABLE FORM OF
NOTICE. If you do not agree
to the amendment, you
should promptly contact
SONY for instructions. Your
continued use of the
SOFTWARE after the effective
date of any such notice shall
be deemed your agreement
to be bound by such
amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER
is an express intended
third-party beneficiary of,
and shall have the right to
enforce, each provision of
this EULA with respect to the
SOFTWARE of such party.
DE-REGISTERING YOUR
PRODUCT
Should you return your
PRODUCT to its place of
purchase, transfer your
PRODUCT in accordance with
this EULA, or if this EULA is
terminated, you must: (i)
de-register the PRODUCT by
deleting any and all accounts
you may have established on
or have accessed through
the PRODUCT; and (ii) reset
the PRODUCT to its original
factory settings. YOU ARE
SOLELY RESPONSIBLE FOR and the SOFTWARE; and (5)
location data, as indicated
below. SONY and its
affiliates, partners and
agents may use and disclose
Information subject to
applicable laws in order to
improve its products and
services or to provide
products or services to you.
Such uses include, but are
not limited to: (a)
administering the
functionalities of the
PRODUCT and the
SOFTWARE (b) to improve,
service, update or upgrade
the PRODUCT or the
SOFTWARE; (c) improving,
developing and enhancing
the current and future
products and services of
SONY and other parties; (d)
with your consent, to provide
you with information about
the products and services
offered by SONY and other
parties; (e) complying with
applicable laws or
regulations; and (f) to the
extent offered, providing you
with location-based services
of SONY and other parties, as
indicated below. In addition,
SONY retains the right to use
Information to protect itself
and third parties from illegal,
criminal or harmful conduct.
Certain services available
through the PRODUCT,
including but not limited to
Internet connectivity, may
rely upon location
information, including the
real-time geographic
location of the PRODUCT.
You acknowledge that for
the purpose of providing
such services, Sony, Third
Party Licensors or their
partners may collect, archive,
process and use such
location data, and that such
services are governed by the
privacy policies of Sony or
such third party. By using any
such services, you agree that
you have reviewed the
privacy policies applicable to
such services and consent to
such activities.
SONY, its affiliates, partners
and agents will not use
Information to personally