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6
OF PLAYNOW, IN NO EVENT SHALL SONY
ERICSSON BE LIABLE FOR ANY USER ERROR,
OR FOR THE AVAILABILITY, FAILURE OR NON-
PERFORMANCE OF THE NETWORK SERVICE
ON WHICH THE SONY ERICSSON DEVICE
OPERATES.
Support
Sony Ericsson and its agents or representatives
hereby reserve the right to refer the consumer to
the relevant operator if the reason for the error is
exclusively due to non-availability or non-functionality
of the operator’s services. In the event Sony Ericsson
is required under law to remedy any failed delivery of
a PlayNow content, Sony Ericsson’s sole obligation
to you, as determined in its absolute discretion shall
be to repair or replace the Content. If, in Sony
Ericsson’s discretion such repair or replacement
cannot be performed, Sony Ericsson will provide
a refund in the amount of or your payment for the
content. Sony Ericsson reserves the right to charge
you a reasonable handling fee where the error may
be attributed to you and/or your non compliance with
all instructions applicable to PlayNow, including
without limitation what is stated herein and in the
phone display.
Access to PlayNow and Limitation
Sony Ericsson may change, modify or withdraw
access to PlayNow at any time, including its services,
without prior notice, and without any liability
whatsoever. Sony Ericsson is not liable for the
temporary non-availability of PlayNow, or for any
delay or damage during the transmission. To the
fullest extent permitted by law, no warranty of any
kind is made in relation to the condition, suitability,
availability, accuracy, reliability, merchantability and/
or non-infringement of PlayNow or Content provided
through the service, the user’s own equipment, any
public communication and/or operator networks or
that provision of this PlayNow or the services will be
uninterrupted or error-free.
Export
The Content may be subject to applicable export
control laws. You agree to obey all such laws and
regulations with respect to your possession and use
of the Content.
Dispute Resolution
Any controversy arising out of Sony Ericsson’s
provision of the Content or your use or attempted use
of such Content shall be fully and finally resolved by
the courts of your home country. The laws of the state
of New York shall apply to the extent permitted by
law, without regard to any conflict of law principles.