Owner's Manual
Table Of Contents
Federal
Arbitration
Act, 9
U.S.C.
ยง
1,
et
seq.,
will
govern
the
arbitration
itself
and
not
any
state
law
on
arbitration.
The
arbitrator's
decision
will
be
binding
and
final,
except
for
a
limited
right
of
appeal
under
the
Federal
Arbitration
Act.
The
arbitrator
may
award
relief
only
in
favor
of
the
party
seeking relief,
and
only
to
the
extent
necessary
to
provide
relief
warranted
by
that
party's
individual
claim.
Any
court
with
jurisdiction
over
the
parties
may
enforce
the
arbitrator's
decision.
SMALL
CLAIMS EXCEPTIONS
Despite
the
provisions
set
forth
above,
you
have
the
right
to
litigate
any
Dispute
in
small
claims
court
or
other
similar
court
of
limited
jurisdiction,
in
the
United
States,
to
the
extent
the
amount
at
issue
does
not
exceed $15,000,
and
as
long
as such
court
has
proper
jurisdiction
and
all
other
requirements
(including
amount
in
controversy) are
satisfied.
OP
T-
OUT
INSTRUCTIONS
IF
YOU
DO NOT WISH
TO
BE
BOUND BY
THE
BINDING ARBITRATION PROVISION
AND/OR
THE
CLASS
ACTION WAIVER
ABOVE, THEN:
(1)
YOU MUST NOTIFY SONY IN WRITING WITHIN THIRTY (30)
DAYS
OF
THE
DATE
THAT
YOU
FIRST
USE
THE
SONY
SOFTWARE
OR
AGREE
TO THIS
EULA,
WHICHEVER
OCCURS
FIRST;
(2)
YOUR
WRITTEN NOTIFICATION MUST
BE
MAILED
TO
Sony Electronics Inc., 16535 Via Esprillo,
MZ
1105, San
Diego
CA
92127,
Attn:
LEGAL DEPARTMENT; AND
(3)
YOUR
WRITTEN NOTIFICATION MUST INCLUDE: (A)
YOUR
NAME; (B)
YOUR
ADDRESS;
(C)
THE
DATE
YOU
FIRST
USED
THE
SONY
SOFTWARE
OR
AGREED
TO THIS EULA; AND (D) A
CLEAR
STATEMENT
THAT
YOU
DO NOT
WISH
TO
RESOLVE
DISPUTES
WITH ANY SONY ENTITY THROUGH ARBITRATION
AND/OR
TO
BE
BOUND
BY
THE
CLASS
ACTION
WAIVER.
REJECTING CHANGES
MADE
TO THE DISPUTE PROCEDURES
Despite
anything
to
the
contrary
in
this
EULA,
you
may
reject changes
made
to
the
binding
arbitration
provision
if:
(1)
you've
already
begun
authorized
use
of
the
Sony Product
at
the
time
the
change
was/is
made;
and
(2)
you
mail
written
notice
to
the
address
provided
in
this
section
within
30
days
after
the
particular
change
was/is
made.
Should such a
situation
arise,
you
will
still
be
bound
by
the
Dispute
procedures
you
previously
agreed
to
and
existing
before
the
change
you
rejected
was
made.
EQUITABLE REMEDIES
Notwithstanding
the
foregoing
to
the
contrary,
either
party
may
initiate
litigation
immediately
with
respect
to
any
matter
arising
out
of
or
in
connection
with
this
EULA
for
which
equitable
relief
(or
an
equivalent
type
of
urgent
legal
relief) is
sought.
You
agree
that
any
violation
of
or
non-compliance
with
any
term
or
condition
of
this
EULA
by
you
will
constitute
an
unlawful
and
unfair
business practice,
and
will
cause irreparable
harm
to
Sony, its
employees,
directors, officers, agents, affiliates, subsidiaries,
third
party
providers,
third
party
licensors,
third
party
licensees,
content
providers,
and
direct
and
indirect
parent(s)
for
which
monetary
damages
would
be
inadequate,
and
you
consent
to
Sony
obtaining
any
injunctive
or
equitable
relief
that
Sony
deems
necessary
or
appropriate
in
such
circumstances. These
remedies
are in
addition
to
any
other
remedies
that
may
be
available
to
Sony
under
contract,
at
law
or
in
equity.
JURY TRIAL
WAIVER
THE
PARTIES
HERETO
WAIVE TRIAL
BY
JURY
WITH
RESPECT
TO
ANY
MATTERS
ARISING UNDER
OR
RELATING
TO
THIS
EULA.
Any
claim
or
cause
of
action
related
to
or
arising
out
of
your
purchase
or
use
of
the
Sony
Product, Sony
Software, Sony
Content
& Services
or
this
EULA
must
be
commenced
within
one
(1)
year
after
the
claim
or
cause
of
action
arises.
CLASS ACTION
WAIVER
YOU
UNDERSTAND
AND ACKNOWLEDGE THAT
BY
AGREEING
TO BINDING ARBITRATION, YOU
ARE
GIVING
UP
THE
RIGHT
TO
LITIGATE
(OR
PART
I
CIPATE
IN AS A
PARTY
OR
CLASS
MEMBER) ANY
DISPUTE
IN
COURT
BEFORE
A
JUDGE
OR
A
JURY.
ANY
DISPUTE
RESOLUTION
PROCEEDING
WILL
BE
CONDUCTED
ONLY
ON
AN INDIVIDUAL
BASIS,
AND
BOTH
PARTIES
AGREE
NOT
TO
HAVE
ANY
DISPUTES
HEARD AS A
CLASS
ACTION,
REPRESENTATIVE
ACTION, CONSOLIDATED
ACTION,
OR
PRIVATE
ATTORNEY ACTION,
UNLESS
ALL
PARTIES
INVOLVED IN
THE
DISPUTE
SPECIFICALLY
AGREE
TO
DO
SO
IN
WRITING FOLLOWING INITIATION
OF
THE
ARBITRATION. YOU
AGREE
THAT
THE
ARBITRATOR MAY
NOT
CONSOLIDATE
MORE
THAN
ONE
INDIVIDUAL'S CLAIMS AND MAY NOT
OTHERWISE
PRESIDE
OVER
ANY FORM
OF
REPRESENTATIVE
OR
CLASS
ACTION PROCEEDING.
THE
ARBITRATOR SHALL
DECIDE
ALL
OTHER
ISSUES
OF
ARBITRABILITY.
AMENDMENT
SONY
RESERVES
THE
RIGHT
TO
AMEND ANY
OF
THE
TERMS
OF
THIS
EULA
AT
ITS
SOLE
DISCRETION
BY POSTING
NOTICE
ON A SONY
DESIGNATED
WEB
SITE,
BY EMAIL NOTIFICATION
TO
AN EMAIL
ADDRESS
PROVIDED
BY
YOU,
BY
PROVIDING
NOTICE
AS
PART
OF
THE
PROCESS
IN
WHICH
YOU
OBTAIN UPGRADES/UPDATES
OR
BY
ANY
OTHER
REASONABLE
OR
LEGALLY
RECOGNIZABLE
FORM
OF
NOTICE.
If
you
do
not
agree
to
the
amendment,
you
should
promptly
contact
SONY
for
instructions.
Your
continued
use
of
the
Sony Software
after
the
effective
date
of
any
such
notice
shall
be
deemed
your
agreement
to
be
bound
by
such
amendment.
8