Sony BDV-E570, BDV-E370 License Agreement

END USER LICENSE AGREEM
ENT FOR CERTAIN SOFTWARE AND SERVICE TO BE USED WITH YOUR SONY PRODUCT
IMPORTANT – READ THIS AGREEMENT BEFORE USING YOUR SONY PRODUCT. USING YOUR PRODUCT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
This End User License Agreement (“EULA”) is a legal agreement between you and Sony Electronics Inc. (“Sony”), the licensor of the software (other than the software which is governed by other licenses as indicated below, the “Excluded Software”) included in this Sony Product and related materials which shall be collectively referred to as the “Sony Software.” This EULA covers the Sony Software and that of Sony’s third party licensors (“Third Party Licensors”) and accompanying printed or online documentation. The Sony Software includes software in your Sony Product, other software, including updates or modified software, provided to you by Sony, whether stored on media or downloaded to the Sony Product via any method.
This Sony Product also includes the BRAVIA® Internet Video feature which provides access to selected content services (“Services”) from third party content providers including Sony entities other than Sony Electronics Inc. (“Third Party Providers”) as a courtesy to you. The BRAVIA® Internet Video feature also provides you access to selected Sony content services (“Sony Content Services”), which services and related content (“Sony Content”) shall both be considered Sony Software under this EULA. The BRAVIA® Internet Video feature requires an Internet connection. A broadband Internet connection speed of at least 2.5 Mbps is recommended (10 Mbps for high definition content is recommended). Your ability to access the Services, and the quality of the Services presented, are subject to your Internet provider’s service and terms. Video quality an d picture size varies and is dependent upon the speed of your broadband service from your Internet provider and delivery by the Third Party Providers. The content, including but not limited to data, music, sound, audio, photographs, images, graphics, likenesses, software, text, video, messages, tags, or other materials, provided by Third Party Providers (“Content”) and the availability of the Services are at the sole discretion and under the control of the Third Party Providers. The Content and Services of each Third Party Provider are provided pursuant to the terms and conditions of that T hird Party Provider. Premium Content may require additional fees and/or registration with the Third Party Provider through a computer. The Services and the Content may only be used for your own personal, private viewing, and shall not be used for non-theatrical exhibition, or any viewing or exhibition for which (or in a venue in which) an admission, access, or viewing fee is charged, or for any public exhibition or viewing. The Services may be changed at any time and may be unavailable from time to time.
THE SONY SOFTWARE AND THE SERVICES MAY ALLOW SONY, THE THIRD PARTY PROVIDERS, AND/OR OTHER THIRD PARTIES TO COLLECT DATA FROM, CONTROL, AND/OR MONITOR THE SONY PRODUCT AND OTHER DEVICES RUNNING OR INTERACTING WITH THE SONY SOFTWARE. YOU HEREBY CONSENT TO SUCH ACTIVITIES. YOU ALSO AGREE TO SONY’S CURRENT PRIVACY POLICY THAT IS AVAILABLE AT HTTP://PRODUCTS.SEL.SONY.COM/SEL/LEGAL/ PRIVACY.HTML. SUCH PRIVACY POLICY MAY CHANGE FROM TIME TO TIME; PLEASE CONSULT THE ABOVEMENTIONED LINK FOR ANY UPDATES TO THE POLICY. PLEASE CONTACT APPLICABLE THIRD PARTY PROVIDERS OR OTHER THIRD PARTIES FOR PRIVACY POLICIES RELATED TO THEIR SERVICES. BY USING YOUR SONY PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND SONY’S PRIVACY POLICY. If you
do not agree to the terms of this EULA or Sony’s privacy policy, as amended from time to time by Sony in its discretion, Sony is unwilling to license the Sony Software to you and unwilling to allow you to access the Services, and you should promptly contact Sony for instructions on the return of the entire Sony Product and included Sony Software for a refund of the purchase price of the Sony Product.

SOFTWARE LICENSE

You cannot use the Sony Software except as specified herein. The Sony Software is licensed, not sold. Sony and its Third Party Licensors grant you a limited license to use the Sony Software only on the Sony Product. The Sony Software may create data files automatically for use with the Sony Software, and you agree that any such data files are deemed to be a part of the Sony Software. The Sony Software is licensed as a single product, and you may not separate its component parts for use on more than one device unless expressly authorized by Sony. You agree not to modify, reverse engineer, decompile or disassemble the Sony Software in whole or in part or to use the Sony Software in whole or in part for any purpose other than allowed under this EULA. In addition, you may not rent, lease, sublicense, or sell the Sony Software, but you may transfer all of your rights under this EULA only as part of a sale or transfer of the Sony Product provided you retain no copies, transfer all of the Sony Software (including all copies, component parts, any media, printed materials, all versions and any upgrades of the Sony Software, and this EULA), and the recipient agrees to the terms of this EULA. Sony and its Third Party Licensors r etain all rights that this EULA does not expressly grant to you. You shall not (a) bypass, modify, defeat, or circumvent any of the functions or protections of the Sony Software or any mechanisms operatively linked to the Sony Software; or (b) remove, alter, cover, or deface any trademarks or notices on the
© 2010 Sony Corporation
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Sony Software. You understand, acknowledge, and agree that the software, network services, or other pr oducts other than the Sony Software upon which the Sony Software’s performance may depend might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, Third Party Providers, etc.) or Sony.

USER ACCOUNT

As part of the agreement to allow you to access, browse, or use the Services and the Content, Third Party Providers and/or other third parties may require that you establish a user account (”Account”) for which you must provide them with true, accurate, current, and complete information about yourself and maintain/promptly update such information. You are responsible for maintaining the confidentiality of any and all of your passwords associated with any such Account.

SONY’S RIGHTS TO USER’S MATERIAL

If you send any communications or materials to Sony by electronic mail or otherwise (“Materials”), including any selections, comments, data, questions, suggestions, or the like, all such Materials are, and will be treated as, non­confidential and non-proprietary. Thus, you give up any claim that use of such Materials violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Sony uses such Materials. Any Material may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Sony anywhere in the world, in any medium, forever and without attribution or compensation to you. Furthermore, you hereby assign all right, title, and interest in, and Sony is free to use, without any compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Materials, whether or not patentable, for any purpose whatsoever, including but not limited to developing, manufacturing, having manufactured, licensing, marketing, and selling products using such Materials. However, you agree and understand that Sony is not o bligated to use any such ideas, know-how, concepts, or techniques or Materials, and you have no right to compel such use.

TRANSMITTED MATERIAL

Internet transmissions are never completely private or secure. You understand that any message or information you send to Sony may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Sony does not cause Sony to have any special responsibility to you.

DIGITAL RIGHTS MANAGEMENT

Content owners use Windows Media digital rights management technology (“WMDRM”) to protect their intellectual property, including copyrights. This Sony Product uses WMDRM software to access WMDRM­protected Content. If the WMDRM software fails to protect the Content, Content owners may ask Microsoft Corporation (“Microsoft”) to revoke the Service’s ability to use WMDRM to play or copy protected Content. Revocation does not affect unprotected Content. If you download licenses for protected Content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to
access their Content. If you decline an upgrade, you will not be able to access Content that requires the upgrade.

ADVERTISEMENTS, SERVICE COMMUNICATIONS

Inclusion of the Service of a Third Party Provider does not mean that Sony approves of, or endorses, or recommends that Third Party Provider or its Content. You understand and agree that the Services and/or Content may include advertisements (“Advertisements”), and that these Advertisements are necessary in order for the Services to be provided. You also understand and agree that t he use of the BRAVIA® Internet Video feature may include certain communications from Sony or Third Party Providers such as service announcements, administrative messages, newsletters, and the like (“Service Communications”), and that you will not be able to opt out of receiving such Service Communications. SONY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, LEGALITY, RELIABILITY, OR VALIDITY OF ANY ADVERTISMENT, SERVICE COMMUNICATIONS, OR CONTENT, AS WELL AS ANY LIABILITY ARISING UNDER ANY THEORY OF LAW FOR THE ADVERTISEMENTS, SERVICE COMMUNICATIONS, AND CONTENT.

OBJECTIONABLE CONTENT AND RULES FOR MINORS (UNDER AGE 16)

Certain Content may not be suitable for minors or other users. Such Content may or may not be rated or identified as having explicit language, or otherwise being for a mature audience. Therefore, you acknowledge that you are using the Services at your own risk and that Sony has no liability to you for the Content, including any Content that may be offensive. You are responsible for supervising the use of the Sony Product, the Sony Software, Excluded Software, the Services, and the Content by any minor. If you are under the age of 16, you should ask your parent(s) or a guardian before you: (i) e-mail Sony via the Service; (ii) send in any information; (iii) enter any contest or game that requires information about you or offers a prize; (iv) join any club or group; (v) post any information on any bulletin board or enter any chatroom; or (vi) buy anything online.

EXCLUSION OF WARRANTY

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THE CONTENT AND SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY THIRD PARTIES OVER WHICH SONY HAS NO CONTROL. THE SELECTION, PROVISION, QUALITY, PICTURE SIZE, AND AVAILABILITY OF SUCH CONTENT AND/OR SOFTWARE ARE THE SOLE RESPONSIBILITY OF SUCH THIRD PARTY PROVIDER OR OTHER THIRD PARTY. YOU AGREE TO COMPLY WITH ANY AND ALL TERMS AND CONDITIONS THAT THE THIRD PARTY PROVIDERS MAY SET FOR ITS SERVICE, CONTENT AND/OR SOFTWARE. YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCESS, BROWSING, AND USAGE OF THE SERVICES REQUIRES INTERNET SERVICE PROVIDED BY YOU, AND FOR WHICH YOU ARE SOLELY RESPONSIBLE, INCLUDING BUT NOT LIMITED TO THE PAYMENT OF ANY THIRD PARTY FEES (SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR DELIVERY OF ADVERTISEMENTS
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INCLUDED WITH THE SERVICES. OPERATION OF THE BRAVIA® INTERNET VIDEO FEATURE AND THE SERVICE MAY BE LIMITED OR RESTRICTED DEPENDING ON THE CAPABILITIES, BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR INTERNET SERVICE. SONY, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE SONY SOFTWARE OR ACCOMPANYING DOCUMENTATION, THE SERVICES, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SONY SOFTWARE, THE SERVICES, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES, OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION. SHOULD THE SOFTWARE, MEDIA ON WHICH THE SOFTWARE IS FURNISHED, DOCUMENTATION, THE SERVICES, OR THE CONTENT PROVE DEFECTIVE, YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS AFFILIATES, ITS THIRD PARTY LICENSORS OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS OF USE OF THE SONY PRODUCT, DOCUMENTATION, THE SERVICES, THE CONTENT, DOWN TIME AND YOUR TIME, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS PROFITS, OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF
SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE, THE SERVICES, THE CONTENT, OR THIS EULA.
Some jurisdictions may not allow exclusions or limitatio ns of incidental or consequential damages, exclusions or limitations of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

LIMITED WARRANTY ON MEDIA

In situations where the Sony Software or any part thereof is furnished on media, Sony warrants that for a period of ninety (90) days from the date of its delivery to you, the media on which the Sony Software is furnished to you will be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. Sony’s entire liability and your exclusive remedy will be replacement of the media not meeting Sony’s limited warranty. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

FEES

Sony and its Third Party Providers reserve the right at any time to charge fees for access to new Content or new Services or to portions of the existing Content or Services, or the Services as a whole. In addition, Third Party Providers may charge fees for access to their Content. In no event will you be charged for access to any portion or all of the Content and/or the Services unless Sony and/or a Third Party Provider obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid Content or Services for which such charges apply.

INTELLECTUAL PROPERTY / NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE

Sony respects the intellectual property rights of other s, and we ask you to do the same. It is Sony’s policy, at its discretion as appropriate, (a) to terminate and/or disable the Content of Third Party Providers or users of the
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Services who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Sony, its Third Party Providers or others; and/or (b) to forward reports of intellectual property rights violations to Third Party Providers and others for review and action per the terms of such Third Party Provider’s procedures for protection of intellectual property rights. The Sony Software and Content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. There may be proprietary logos, service marks, trademarks, likenesses, and trade names found in the Sony Software, the Content, or on the Services. By making the Sony Software and Content available on the Services, Sony and the Third Party Providers are not granting you any license to utilize those proprietary logos, service marks, trademarks, likenesses, or trade names. Any unauthorized use of the Sony Software, the Services, or the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. All right, title, and interest in and to the Sony Software and the Content, and any and all copies or portions thereof, are owned by Sony, its licensors, Third Party Licensors, suppliers and/or Third Party Providers. All rights not specifically granted under this EULA are reserved by Sony, its licensors, Third Party Licensors, suppliers and/or Third Party Providers.
You are responsible for all your activities hereunder, including all legal liability incurred from access, browsing, or use of the Services by you or by others who use the Services via your Sony Product or Account (as defined in the User Account section). You may use the Sony Software, the Services, and the Content for lawful purposes only. You may not distribute, exchange, modify, sell, or transmit anything you may copy from the Sony Software, the Services, or the Content, including but not limited to any data, text, software, likenesses, photographs, images, graphics, audio, music, sound, video, messages, and tags, for any business, commercial, or public purpose. As long as you comply with the terms of this EULA, Sony grants you a nonexclusive, nontransferable, limite d right to use the BRAVIA® Internet Video feature to access the Services and the Content as set forth in this EULA. You further agree not to inte rrupt/disrupt or attempt to interrupt/ disrupt the operation of the Sony Software, the Service or the Content in any way.
If you believe your work has been copied in a way that constitutes copyright infringeme nt, or that your intellectual property rights have otherwise been violated, please first contact the Third Party Provider for the particular Service. If you are unable to contact such Third Party Provider, or the content at issue is Sony’s, you may contact Sony’s Intellectual Property Agent (listed below) with the following information in a written notice: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the particular Service and where the material that you claim is infringing is located on such Service, with enough detail that we may find the material; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Sony’s agent for notice of copyright or other intellectual property right infringement is as follows: Intellectual Property Agent, c/o Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127 ; Facsimile (858) 942-9123; E-Mail IPagent@am.sony.com.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sony and all of its agents, directors, officers, employees, information providers, licensors and licensees, affiliates, content providers, and direct and indirect parent(s) (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 So ny 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.
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