User's Manual

6
Draft for Internal Use Only - PA2
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 Hit Picks 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 Hit Picks, including without
limitation what is stated herein and in the phone
display.
Access to Hit Picks and Limitation
Cingular Wireless and Sony Ericsson may change,
modify or withdraw access to Hit Picks at any time,
including its services, without prior notice, and
without any liability whatsoever. Cingular Wireless and
Sony Ericsson are not liable for the temporary non-
availability of Hit Picks, 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 Hit Picks or Content provided
through the service, the user’s own equipment, any
public communication and/or operator networks or
that provision of this Hit Picks 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 Cingular Wireless and
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.