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Sony Creative Software Hyperlink Agreement
Subject to the following terms and conditions of this Hyperlink License Agreement ("License"), Sony Creative Software Inc. (Sony Creative Software) will grant you a non-exclusive, royalty free, non-transferable license to create a hyperlink from your Internet Web site to our Web site (the "Link"). Except as expressly provided in this License, all rights to Sony Creative Software's intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please click the button marked "I Accept" at the end of this Agreement. - Form of Link. You may only Link to our home page at www.sonycreativesoftware.com. You may not frame or modify or alter the content or manner of display of the Sony Creative Software Web site.
- References to Our Company Name. Our company name must appear as "Sony Creative Software Inc." at the first and most prominent use on any Web site. Thereafter, you may refer to our company as "Sony Creative Software."
- Proprietary Marks. The Sony Creative Software name, and Link contain Sony Creative Software's proprietary logos, trademarks, and service marks (collectively, the "Sony Creative Software Marks"). The Sony Creative Software Marks may not be modified or altered in any way. You may not use the Sony Creative Software Marks:
- To imply sponsorship or endorsement by Sony Creative Software;
- To disparage Sony Creative Software, its product or services;
- In connection with any products or services that in Sony Creative Software's sole judgment may diminish or damage the goodwill in the Sony Creative Software Marks, including, without limitation, pornographic services or products;
- In such a way that the Sony Creative Software Marks are displayed more prominently than the name/logo of your company; or
- To infringe Sony Creative Software's intellectual property rights or violate any state, federal, or international law.
- Trademark Notice. The following notice shall be included on the Web page in which the Link appears: "Sony Creative Software and the Sony Creative Software Logo are registered trademarks of Sony Creative Software Inc."
- Disclaimer of Warranties. Sony Creative Software'S WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF Sony Creative Software'S WEB SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.
- Limitation of Liability and Remedies. YOU AGREE THAT Sony Creative Software SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE Sony Creative Software AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEYS' FEES, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY AND ALL CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK.
- Indemnity. You agree to defend, indemnify, and hold harmless Sony Creative Software and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorneys' fees as provided herein, arising out of any claim relating to your use of the Sony Creative Software company name, the Link by paying all amounts that a court finally awards or that your agree to in settlement of such claims.
- Termination of License. Sony Creative Software may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. Sony Creative Software has the right to inspect your Web site from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Sony Creative Software, including the Link, within twenty-four (24) hours of written request by Sony Creative Software.
- Entire Agreement. This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.
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