1. Services. Sony will provide Customer the support services ("Support Services") described at http://www.sonycreativesoftware.com/supportplans ("Support Site") that has been purchased by each such Customer. Support Services descriptions found on the Support Site, as may be amended from time to time, are deemed to be part of this Service Agreement.

2. Restrictions. Sony may limit or terminate the Support Services being provided to any Customer who uses the Support Services in an abusive or fraudulent manner, as determined by Sony in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Sony reserves the right to limit each call to a reasonable length of time under the circumstances, not to exceed one (1) hour. Support Services will be provided to a single registered user only. Resale, assignment, or transfer of support rights is strictly prohibited and will be grounds for termination or non-renewal of the Service Agreement. The Support Services are available to end users of Sony products and services and their respective employees, consultants and independent contractors solely in connection with their work for the purchaser of Support Services. The Support Services are not available to consultants, technical support agents, software developers, or other parties using Support Services on behalf of multiple clients or users. Sony will only provide Support Services for Products that were properly registered with Sony in accordance with the terms and conditions of the Product's End User License Agreement.

3. Exclusions. Sony shall not be required to provide any Support Services relating to problems or issues arising out of or from: (i) Customer's use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer's negligence, misuse, or modification of the Products; or (iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x). Sony shall also not be required to provide any Support Services for any Products that are no longer listed on the Support Site as supported Products. Sony has the right to add or delete Products to the list of supported Products on the Support Site at any time and in its sole discretion.

4. Modifications. Sony reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Service Agreement, TOS and/or Privacy Policy, in whole or in part, at any time. Changes to this Service Agreement, TOS and Privacy Policy will be effective when posted. Customer shall review this Service Agreement, TOS and Privacy Policy periodically to be aware of any changes. Customer's continued use of the Support Services after any changes are posted will be considered acceptance of those changes and will constitute his/her/its agreement to be bound thereby.

5. Payment. Customer agrees to pay all charges for the Support Services at the prices set forth on the Support Site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. Sony will charge the fee for Customer's Support Services program to the credit card account provided by Customer. If payment is not received by Sony from Customer's credit card issuer or its agents, Customer hereby agrees to pay all amounts due to Sony for your Support Services, upon demand by Sony.

6. Term and Termination. Absent early termination for the reasons stated herein, this Service Agreement shall have the term set forth for the Support Services program purchased by Customer, commencing on the Commencement Date, or earlier in the event of prior termination. The Service Agreement shall terminate immediately upon non-payment of the fees for the Support Services ordered. Sony reserves the right to cancel this Service Agreement at any time or change the fees, support features, procedures, pricing, and support availability upon thirty (30) days' notice. In such event, Customer may, by giving fifteen (15) days written notice to MMS, terminate the Agreement on the effective date of any such change. In the absence of such notice of termination, the change will be deemed accepted by Customer.

7. Warranty and Disclaimer. Sony will use reasonable commercial efforts to provide the Support Services under this Service Agreement in a professional manner, but Sony cannot guarantee that every question or problem raised by Customer will be resolved. Nothing in this Service Agreement shall be construed as expanding or adding to the warranty for the Products set forth in the End User License Agreement that accompanies such Products. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LOCAL LAW, SONY AND ITS AFFILIATES DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL SONY'S OR SONY'S AFFILIATES' LIABILITY UNDER THIS SERVICE AGREEMENT TO CUSTOMER OR ANY THIRD PARTY EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL SONYOR MMS' AFFILIATES HAVE ANY LIABILITY TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT, THE PROVISION OF MATERIALS OR SERVICES UNDER THE SERVICE AGREEMENT OR UNDER ANY THEORY OF LIABILITY EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9. Your Specific Rights. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.

10. Updates. Sony may from time to time make available to you updates or additions to the Support Services, subject to the terms and conditions of this Service Agreement, or, in Sony's sole discretion, Sony may make condition release of such upgrades to you upon your acceptance of another end user license agreement or other execution of a separate agreement. If you should elect to accept such updates, your use of such updates will be subject to the applicable license and the terms and conditions of this Service Agreement.

11. General. This Service Agreement will be binding upon and inure to the benefit of Sony and Customer, and our respective successors and permitted assigns. This Service Agreement may not be transferred by Customer. If any provision of this Service Agreement is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this Service Agreement. Any waiver of any breach or failure to enforce any provision of this Service Agreement will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment or modification of any provision of this Service Agreement will be effective only if it is in writing and signed by Sony and you. This Service Agreement shall be governed by the laws of the United States and the State of California, irrespective of California's conflicts of laws rules. Any action arising out of or relating to this Agreement may be brought exclusively in the appropriate state or federal court in Los Angeles, California, and Sony and you irrevocably consent to the jurisdiction of such courts and venue in Los Angeles County, California. This Service Agreement constitutes the entire agreement between Sony and you with respect to the subject matter of this Service Agreement. Sections 6 through 9 and 11 will survive the termination of this Service Agreement.

Update: 09.02.04