Owner's Manual

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IMPORTANT – READ THIS AGREEMENT BEFORE USING YOUR
SONY PRODUCT. USING YOUR PRODUCT INDICATES YOUR
ACCEPTANCE OF THIS AGREEMENT.
If you do not agree to the terms of this EULA, as amended
from time to time by Sony in its discretion, Sony is
unwilling to license the Sony Software (as defined below)
to you, and you should before using the Sony Product
promptly contact Sony for instructions on the return of
the entire Sony Product and included Sony Software for a
refund of the purchase price of the Sony Product. If you do
not agree to the terms of this EULA or Sony’s applicable
privacy policy, as amended from time to time by Sony in
its discretion, Sony is unwilling to allow you to access the
applicable Sony Content Services and Sony Content (as
defined below).
This End User License Agreement (“EULA”) is a legal
agreement between you and Sony Electronics Inc.
(“Sony”), the licensor of the software (other than the
“Excluded Software” as defined below) included in
this Sony Product and related materials which shall be
collectively referred to as the “Sony Software.” This EULA
covers the Sony Software and that of Sony’s affiliates
and third party licensors (“Third Party Licensors”) and
accompanying printed or online documentation. The
Sony Software includes software in your Sony Product,
including updates or modified software, provided to you
by Sony, whether stored on media or downloaded to the
Sony Product via any method, but not Excluded Software
as defined below.
Note: This EULA contains a binding individual arbitration
clause and class action waiver. If you wish to opt out of these
provisions, please follow the instructions in Section entited
“Resolving Disputes; Arbitration; Small Claims Waiver” below.
This Sony Product also includes the Sony Entertainment
Network(TM) feature which provides access to selected
content services (“Services”) from third party content
providers including Sony entities other than Sony
Electronics Inc. (“Third Party Providers”) as a courtesy to
you. The Sony Entertainment Network(TM) feature also
provides you access to selected Sony content services
(“Sony Content Services”), which services and related
content (“Sony Content”) shall both be considered Sony
Software under this EULA. The Sony Entertainment
Network(TM) feature requires an Internet connection.
Your ability to access the Services, and the quality of
the Services presented, are subject to your Internet
provider’s service and terms as well as the broadband
Internet connection speed you use. Video quality and
picture size varies and is dependent upon the speed
of your broadband service from your Internet provider
and delivery by the Third Party Providers. The content,
including but not limited to data, music, sound, audio,
photographs, images, graphics, likenesses, software, text,
video, messages, tags, or other materials, provided by
Third Party Providers (“Content”) and the availability of the
Services are at the sole discretion and under the control
of the Third Party Providers. The Content and Services of
each Third Party Provider are provided pursuant to the
terms and conditions of that Third Party Provider. Premium
Content may require additional fees and/or registration
4-725-461-11(1)
with the Third Party Provider through a computer. The
Services and the Content may only be used for your own
personal, private viewing, and shall not be used for non-
theatrical exhibition, or any viewing or exhibition for which
(or in a venue in which) an admission, access, or viewing
fee is charged, or for any public exhibition or viewing.
The Services may be changed at any time and may be
unavailable from time to time.
You understand, acknowledge and agree that access to
certain Sony Product features, including but not limited
to your ability to access the Sony Content Services,
requires an Internet connection for which you are solely
responsible. You are solely responsible for payment
of any third party fees associated with your Internet
connection, including but not limited to Internet service
provider or airtime charges. The quality of the Sony
Content Services presented is subject to your Internet
provider’s service and terms, and is also dependent
upon the speed of your Internet service. Operation of the
Sony Product and Sony Software, and access to the Sony
Content Services, may be limited or restricted depending
on the capabilities, bandwidth or technical limitations of
your Internet connection and service. You understand,
acknowledge and agree that Internet connectivity is
provided by third parties over which Sony has no control.
The provision, quality, availability and security of such
Internet connectivity, software and services are the sole
responsibility of such third parties.
THE SONY SOFTWARE AND THE SERVICES MAY ALLOW
SONY, THE THIRD PARTY PROVIDERS, AND/OR OTHER
THIRD PARTIES TO COLLECT DATA FROM, CONTROL, AND/
OR MONITOR THE SONY PRODUCT AND OTHER DEVICES
RUNNING OR INTERACTING WITH THE SONY SOFTWARE.
SOFTWARE LICENSE
You cannot use the Sony Software except as specified
herein. The Sony Software is licensed, not sold. Sony and
its Third Party Licensors grant you a limited license to use
the Sony Software only on the Sony Product. The Sony
Software may create data files automatically for use with
the Sony Software, and you agree that any such data files
are deemed to be a part of the Sony Software. The Sony
Software is licensed as a single product, and you may not
separate its component parts for use on more than one
device unless expressly authorized by Sony. You agree not
to modify, reverse engineer, decompile or disassemble
the Sony Software in whole or in part or to use the Sony
Software in whole or in part for any purpose other than
allowed under this EULA. In addition, you may not rent,
lease, sublicense, or sell the Sony Software, but you may
transfer all of your rights under this EULA only as part of
a sale or transfer of the Sony Product provided you retain
no copies, transfer all of the Sony Software (including all
copies, component parts, any media, printed materials, all
versions and any upgrades of the Sony Software, and this
EULA), and the recipient agrees to the terms of this EULA.
Sony and its Third Party Licensors retain all rights that this
EULA does not expressly grant to you. You shall not (a)
bypass, modify, defeat, or circumvent any of the functions
or protections of the Sony Software or any mechanisms
operatively linked to the Sony Software; or (b) remove,
alter, cover, or deface any trademarks or notices on the
Sony Software. You understand, acknowledge, and agree
that the software, network services, or other products
other than the Sony Software upon which the Sony
Software’s performance may depend might be interrupted
or discontinued at the discretion of the suppliers (software
suppliers, service providers, Third Party Providers, etc.) or
Sony.
EXCLUDED SOFTWARE
Notwithstanding the foregoing limited license grant, you
acknowledge that the Sony Product includes software
subject to other terms and conditions governing the
use of such software other than this EULA (“Excluded
Software”). Certain Excluded Software may be covered
by open source software licenses (“Open Source
Components”), which means any software licenses
approved as open source licenses by the Open Source
Initiative or any substantially similar licenses, including
but not limited to any license that, as a condition of
distribution of the software licensed under such license,
requires that the distributor make the software available
in source code format. Terms and conditions applicable to
Open Source Components are provided to you together
with this EULA and/or stored in your Device which may
include but are not limited to the “ “Setup” menus. Please
visit
http://oss.sony.net/Products/Linux for a list of applicable
Excluded Software included in this Sony Product from
time to time, and the applicable terms and conditions
governing its use. Such terms and conditions may be
changed by the applicable third party at any time without
liability to you. To the extent required by the licenses
covering Open Source Components, the terms of such
licenses will apply in lieu of the terms of this EULA. To
the extent the terms of the licenses applicable to Open
Source Components prohibit any of the restrictions in
this EULA with respect to such Open Source Components,
such restrictions will not apply to such Open Source
Component. To the extent the terms of the licenses
applicable to Open Source Components require Sony to
make an offer to provide source code in connection with
the Software, such offer is hereby made.
USER ACCOUNT
As part of the agreement to allow you to access, browse,
or use the Services and the Content, Third Party Providers
and/or other third parties may require that you establish a
user account (“Account”) for which you must provide them
with true, accurate, current, and complete information
about yourself and maintain/ promptly update such
information. You are responsible for maintaining the
confidentiality of any and all of your passwords associated
with any such Account.
DATA COLLECTION
Any Services provided by affiliates of Sony Corporation
and/or third parties that you access may also allow
affiliates of Sony Corporation and/or third parties to
collect data about you and/or about the use of that
service. Sony Corporation does not control and is not in
any way liable for such data collection and you should
consult the relevant privacy policy for each such Service
before using it.
SONY’S RIGHTS TO USER’S MATERIAL
If you send any communications or materials to Sony by
electronic mail or otherwise, including any selections,
comments, data, questions, suggestions, or the like
(“Materials”), all such Materials are, and will be treated as,
non-confidential and non-proprietary (except as expressly
provided for in the applicable privacy policy). Thus, you
give up any claim that use of such Materials violates
any of your rights including moral rights, privacy rights,
proprietary or other property rights, rights of publicity,
rights to credit for material or ideas, or any other right,
including the right to approve the way Sony uses such
Materials. Any Material may be adapted, broadcast,
changed, copied, disclosed, licensed, performed, posted,
published, sold, transmitted, or used by Sony anywhere in
the world, in any medium, forever and without attribution
or compensation to you. Furthermore, you hereby assign
all right, title, and interest in, and Sony is free to use,
without any compensation to you, any ideas, know-how,
concepts, techniques, or other intellectual property rights
contained in the Materials, whether or not patentable,
for any purpose whatsoever, including but not limited
to developing, manufacturing, having manufactured,
licensing, marketing, and selling products using such
Materials. However, you agree and understand that
Sony is not obligated to use any such ideas, know-how,
concepts, or techniques or Materials, and you have no
right to compel such use.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or
secure. You understand that any message or information
you send to Sony may be read or intercepted by others,
unless there is a special notice that a particular message
(for example, credit card information) is encrypted (sent in
code). Sending a message to Sony does not cause Sony to
have any special responsibility to you.
DIGITAL RIGHTS MANAGEMENT
Content owners use Windows Media digital rights
management technology (“WMDRM”) to protect their
intellectual property, including copyrights. This Sony
Product uses WMDRM software to access WMDRM-
protected Content. If the WMDRM software fails to
protect the Content, Content owners may ask Microsoft
Corporation (“Microsoft”) to revoke the Service’s ability
to use WMDRM to play or copy protected Content.
Revocation does not affect unprotected Content. If you
download licenses for protected Content, you agree that
Microsoft may include a revocation list with the licenses.
Content owners may require you to upgrade WMDRM to
access their Content. If you decline an upgrade, you will
not be able to access Content that requires the upgrade.
ADVERTISEMENTS, SERVICE COMMUNICATIONS
Inclusion of the Service of a Third Party Provider does not
mean that Sony approves of, or endorses, or recommends
that Third Party Provider or its Content. You understand
and agree that the Services and/or Content may include
advertisements (“Advertisements”), and that these
Advertisements are necessary in order for the Services to
be provided. If you use the Sony Entertainment Network
service, the SEN Terms of Use/Service and the SEN Privacy
Policy for your country will apply and you will be required
to agree to them. You understand and agree that use
of that service (and other services available through it)
as well as other services than those provided by Sony
Entertainment Network may result in you receiving or
being shown recommendations and/or advertisements,
service announcements, administrative messages, news
updates and the like which Sony Corporation is not
responsible nor liable for. SONY, ITS AFFILIATES, AND ITS
THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, AS TO THE ACCURACY, LEGALITY,
RELIABILITY, OR VALIDITY OF ANY ADVERTISMENT,
SERVICE COMMUNICATIONS, OR CONTENT, AS WELL AS
ANY LIABILITY ARISING UNDER ANY THEORY OF LAW FOR
THE ADVERTISEMENTS, SERVICE COMMUNICATIONS, AND
CONTENT.
OBJECTIONABLE CONTENT AND RULES FOR MINORS (UNDER
AGE 16)
Certain Content may not be suitable for minors or other
users. Such Content may or may not be rated or identified
as having explicit language, or otherwise being for a
mature audience. Therefore, you acknowledge that you
are using the Services at your own risk and that Sony has
no liability to you for the Content, including any Content
that may be offensive. You are responsible for supervising
the use of the Sony Product, the Sony Software, Excluded
Software, the Services, and the Content by any minor. If
you are under the age of 16, you should ask your parent(s)
or a guardian before you : (i) e-mail Sony via the Service;
(ii) send in any information; (iii) enter any contest or game
that requires information about you or offers a prize; (iv)
join any club or group; (v) post any information on any
bulletin board or enter any chatroom; or (vi) buy anything
online.
EXCLUSION OF WARRANTY
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT
THE CONTENT AND SERVICES ARE PROVIDED BY THIRD
PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY
THIRD PARTIES OVER WHICH SONY HAS NO CONTROL.
THE SELECTION, PROVISION, QUALITY, PICTURE SIZE, AND
AVAILABILITY OF SUCH CONTENT AND/OR SOFTWARE
ARE THE SOLE RESPONSIBILITY OF SUCH THIRD PARTY
PROVIDER OR OTHER THIRD PARTY. YOU AGREE TO
COMPLY WITH ANY AND ALL TERMS AND CONDITIONS
THAT THE THIRD PARTY PROVIDERS MAY SET FOR ITS
SERVICE, CONTENT AND/OR SOFTWARE. YOU FURTHER
UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCESS,
BROWSING, AND USAGE OF THE SERVICES REQUIRES
INTERNET SERVICE PROVIDED BY YOU, AND FOR WHICH
YOU ARE SOLELY RESPONSIBLE, INCLUDING BUT NOT
LIMITED TO THE PAYMENT OF ANY THIRD PARTY FEES
(SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME
CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR
DELIVERY OF ADVERTISEMENTS INCLUDED WITH THE
SERVICES. OPERATION OF THE Sony Entertainment
Network(TM) FEATURE AND THE SERVICE MAY BE LIMITED
OR RESTRICTED DEPENDING ON THE CAPABILITIES,
BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR
INTERNET SERVICE. SONY, ITS AFFILIATES, AND ITS THIRD
PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR
THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO
STORE ANY USER COMMUNICATIONS OR PERSONALIZED
SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING
DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE
FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES
OR CONDITIONS, STATUTORY OR OTHERWISE, OF
ANY KIND. SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSORS, AND ITS THIRD PARTY PROVIDERS DO
NOT WARRANT THAT THE SONY SOFTWARE OR
ACCOMPANYING DOCUMENTATION, THE SERVICES, OR
THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SONY SOFTWARE, THE SERVICES,
OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR
FREE. FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD
PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR
CONDITIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE SONY SOFTWARE, THE SERVICES OR THE
CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES,
OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE
THIS EXCLUSION OF WARRANTY AND CONDITION.
SHOULD THE SONY SOFTWARE, MEDIA ON WHICH THE
SONY SOFTWARE IS FURNISHED, DOCUMENTATION, THE
SERVICES, OR THE CONTENT PROVE DEFECTIVE, YOU (AND
NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED
TO ANY NEGLIGENCE ISSUES RELATED TO THIRD
PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS
AFFILIATES, ITS THIRD PARTY LICENSORS OR ITS THIRD
PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT
OR DAMAGES IN CONNECTION WITH, ARISING OUT OF
OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS
OF USE OF THE SONY PRODUCT, DOCUMENTATION, THE
SERVICES, THE CONTENT, DOWN TIME AND YOUR TIME,
LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF
DATA, INFORMATION OF ANY KIND, BUSINESS PROFITS, OR
OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON
WHATSOEVER, EVEN IF SONY, ITS AFFILIATES, ITS THIRD
PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING
DOCUMENTATION, THE SERVICES, AND THE CONTENT
ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK.
SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND
ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR
DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY OR CONDITION, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL
THEORY RELATED TO THE SONY SOFTWARE, THE SERVICES,
THE CONTENT, OR THIS EULA.
Some jurisdictions may not allow exclusions or limitations
of incidental or consequential damages, exclusions or
limitations of implied warranties or conditions, or allow
limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof
is furnished on media, Sony warrants that for a period of
ninety (90) days from the date of its delivery to you, the
media on which the Sony Software is furnished to you
will be free from defects in materials and workmanship
under normal use. This limited warranty extends only
to you as the original licensee. Sony’s entire liability
and your exclusive remedy will be replacement of
the media not meeting Sony’s limited warranty. ANY
IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/
OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED
IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR
CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any
time to charge fees for access to new Content or new
Services or to portions of the existing Content or Services,
or the Services as a whole. In addition, Third Party
Providers may charge fees for access to their Content. In
no event will you be charged for access to any portion or
all of the Content and/or the Services unless Sony and/
or a Third Party Provider obtain your prior agreement to
pay such charges. If you do not consent to such charges,
however, you may not have access to paid Content or
Services for which such charges apply.
INTELLECTUAL PROPERTY / NOTICE FOR CLAIMS OF
INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Sony respects the intellectual property rights of others,
and we ask you to do the same. It is Sony’s policy, at
its discretion as appropriate, (a) to terminate and/or
disable the Content of Third Party Providers or users of
the Services who may infringe or repeatedly infringe
the copyrights or other intellectual property rights of
Sony, its Third Party Providers or others; and/or (b) to
forward reports of intellectual property rights violations
to Third Party Providers and others for review and action
per the terms of such Third Party Provider’s procedures
for protection of intellectual property rights. The Sony
Software and Content are protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. There may be
proprietary logos, service marks, trademarks, likenesses,
and trade names found in the Sony Software, the Content,
or on the Services. By making the Sony Software and
Content available on the Services, Sony and the Third
Party Providers are not granting you any license to
utilize those proprietary logervice marks, trademarks,
likenesses, or trade names. Any unauthorized use of the
Sony Software, the Services, or the Content may violate
copyright laws, trademark laws, the laws of privacy and
publicity, and civil and criminal statutes. All right, title, and
interest in and to the Sony Software and the Content, and
any and all copies or portions thereof, are owned by Sony,
its licensors, Third Party Licensors, suppliers and/or Third
Party Providers. All rights not specifically granted under
this EULA are reserved by Sony, its licensors, Third Party
Licensors, suppliers and/or Third Party Providers.
You are responsible for all your activities hereunder,
including all legal liability incurred from access, browsing,
or use of the Services by you or by others who use the
Services via your Sony Product or Account (as defined in
the User Account section). You may use the Sony Software,
the Services, and the Content for lawful purposes only.
You may not distribute, exchange, modify, sell, or transmit
anything you may copy from the Sony Software, the
Services, or the Content, including but not limited to any
data, text, software, likenesses, photographs, images,
graphics, audio, music, sound, video, messages, and tags,
for any business, commercial, or public purpose. As long
as you comply with the terms of this EULA, Sony grants
you a nonexclusive, nontransferable, limited right to use
the Sony Entertainment Network(TM) feature to access
the Services and the Content as set forth in this EULA.
You further agree not to interrupt/disrupt or attempt to
interrupt/disrupt the operation of the Sony Software, the
Service or the Content in any way.
If you believe your work has been copied in a way
that constitutes copyright infringement, or that your
intellectual property rights have otherwise been violated,
please first contact the Third Party Provider for the
particular Service. If you are unable to contact such Third
Party Provider, or the content at issue is Sony’s, you may
contact Sony’s Intellectual Property Agent (listed below)
with the following information in a written notice : (a) an
electronic or physical signature of the person authorized
to act on behalf of the copyright or other intellectual
property interest; (b) a description of the copyrighted
work or other intellectual property that you claim has
been infringed; (c) a description of the particular Service
and where the material that you claim is infringing is
located on such Service, with enough detail that we may
find the material; (d) your address, telephone number,
and e-mail address; (e) a statement by you that you
have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner,
its agent, or the law; and (f) a statement by you, made
under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf. Sony’s
agent for notice of copyright or other intellectual property
right infringement is as follows: Intellectual Property
Agent, c/o Sony Electronics Inc., 16535 Via Esprillo, San
Diego, CA 92127; Facsimile [phone]; E-Mail IPagent@
am.sony.com.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
Sony and all of its agents, directors, officers, employees,
information providers, licensors and licensees, affiliates,
content providers, and direct and indirect parent(s)
(collectively, “Indemnified Parties”) from and against any
and all liability and costs (including, without limitation,
attorneys’ fees and costs) incurred by the Indemnified
Parties in connection with any claim arising out of (i)
any breach or alleged breach by you of this EULA in
any manner, (ii) any information you submit to Sony
hereunder, (iii) any breach or alleged breach by you of a
third party’s rights, (iv) any damage caused by or alleged
to have been caused by you to the Sony Software, the
Services, or the Content. Counsel you select for defense or
settlement of a claim must be consented to by Sony and/
or Indemnified Party(s) prior to counsel being engaged
to represent you and Sony and/or Indemnified Party(s).
You and your counsel will cooperate as fully as reasonably
required by the Indemnified Party(s) in defense or
settlement of any claim. Sony and/or Indemnified Party(s)
reserve the right, at its own expense, to assume the
exclusive defense or settlement, and control of any matter
otherwise subject to indemnification by you. You shall
not in any event consent to any judgment, settlement,
attachment, or lien, or any other act adverse to the
interest of Sony or any Indemnified Party without the prior
written consent of Sony and/or Indemnified Party(s).
AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO
SERVICES
From time to time, Sony or third parties may automatically
update or otherwise modify the Sony Software, for
example, but not limited to, for purposes of error
correction, improvement of features, and enhancement
of security features. Such updates or modifications may
change or delete the nature of features or other aspects
of the Sony Software, including features you may rely
upon. You hereby agree that such activities may occur
at Sony’s sole discretion and that Sony may condition
continued use of the Sony Software upon your complete
installation or acceptance of such update or modifications.
Sony may add to, change, or remove any part, term, or
condition of the EULA as it applies to the Sony Software,
the Services, and/or the Content at any time without prior
notice to you. Any such additions, changes, or removals or
any terms posted in the Sony Entertainment Network(TM)
feature shall apply as soon as they are posted. By
continuing to access the Services, the Sony Content
Services, the Content, and/ or the Sony Content after so
posted, you are indicating your acceptance thereto. SONY
MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND
ANY OF THE SERVICES OR THE SONY CONTENT SERVICES,
TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT
NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE TO
ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE
THIS EULA AS TO THE SERVICES, THE SONY CONTENT
SERVICES, THE CONTENT, AND/OR THE SONY CONTENT
IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY
WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony
may take any legal and technical remedies to prevent
violation of and/or to enforce this EULA, including, without
limitation, immediate termination of your access to the
Services, if Sony believes in its discretion that you are
violating this EULA.
HIGH RISK ACTIVITIES
The Sony Software is not fault-tolerant and is not
designed, manufactured or intended for use or resale as
on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines,
or weapons systems, in which the failure of the Sony
Software could lead to death, personal injury, or severe
physical or environmental damage (“High Risk Activities”).
SONY, EACH OF THE THIRD PARTY LICENSORS, AND EACH
OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF
FITNESS FOR HIGH RISK ACTIVITIES.
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
The Sony Software and the Content may contain
encryption technology. You acknowledge that any export
of Sony Software or the Content containing encryption
technology from the United States or subsequent re-
export of such software by a person located outside of
the United States requires a license or other authorization
from the U.S. Department of Commerce’s Bureau of
Industry and Security. You further acknowledge that
the Sony Software or the Content containing encryption
technology and acquired from Sony is not intended for
use by a foreign government end user. By accepting this
license agreement, you agree to abide by all relevant
U.S. export laws and regulations in the purchase and use
of the Sony Product being acquired, including but not
limited to those regulations relating to the export control
of cryptographic items and not to transfer, or authorize
the transfer, of the Sony Software or the Content to a
prohibited country or otherwise in violation of any such
restrictions or regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the United
States Government is subject to restrictions as set forth
in subparagraphs (c)(1) and (c)(2) of the Commercial
Computer Software clause at FAR 52.227 19, and
subparagraph (c)(i)(ii) of the Rights in Technical Data and
Computer Software clause at DOD FAR 252.227-7013 and
any comparable federal, state or local law or regulation.
Manufacturer is Sony Electronics Inc., 16535Via Esprillo,
San Diego, CA 92127.
JURY TRIAL WAIVER
THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT
TO ANY MATTERS ARISING UNDER OR RELATING TO THIS
EULA. Any cause of action you may have with respect to
the Services must be commenced within one (1) year after
the claim or cause of action arises.
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY
This EULA, the limited warranty accompanying the Sony
Product, Sony’s then-current privacy policy, and any
additional terms and conditions posted on the Services,
together constitute the entire agreement between you
and Sony with respect to the Sony Product, the Sony
Software, the Services, and the Content. Any notice by
Sony hereunder may be made by letter, e-mail, or posting
on the Services. The failure of Sony to exercise or enforce
any right or provision of this EULA shall not constitute a
waiver of such right or provision. If any part of this EULA is
held invalid, illegal, or unenforceable, that provision shall
be enforced to the maximum extent permissible so as to
maintain the intent of this EULA, and the other parts will
remain in full force and effect.
THIRD PARTY BENEFICIARIES
Each Third Party Licensor and each Third Party Provider is
an express intended third-party beneficiary of, and shall
have the right to enforce, each provision of this EULA
with respect to the software, service, and content, as
applicable, of such party.
TERM
This EULA is effective until terminated. Sony may
terminate this EULA immediately if you fail to comply
with its terms by giving you notice. In such event, you
must destroy the Sony Software and accompanying
documentation, and all copies you have made of them.
In addition, upon termination you will have no recourse
against Sony, its affiliates, its Third Party Licensors, or its
Third Party Providers for your inability to use the Sony
Software or the accompanying documentation, the
Services, or the Content.
DE-REGISTRATION OF YOUR DEVICE
Should you return your Sony Product to its place of
purchase, transfer your Sony Product in accordance
with this EULA, or if this EULA is terminated, you agree
to: (i) de-register the Sony Product by deleting any
and all accounts you may have established on or have
accessed through the Sony Product; and (ii) reset the Sony
Product to its original factory settings. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
ANY ACCOUNTS YOU HAVE WITH THIRD PARTIES AND ANY
USERNAMES AND PASSWORDS ASSOCIATED WITH YOUR
USE OF THE SONY PRODUCT.
RESOLVING DISPUTES; ARBITRATION; CLASS ACTION WAIVER
This EULA will not be governed or interpreted in any way
by referring to any law based on the Uniform Computer
Information Transactions Act (UCITA) or any other act
derived from or related to UCITA. Further, the United
Nations Convention on Contracts for the International Sale
of Goods shall not apply to this EULA. If a Dispute arises,
you agree to first give notice to us by contacting Sony
Electronics Inc. at 16535 Via Esprillo, San Diego, California
92127, Attn: Legal Department, and engaging in good
faith negotiations to attempt to resolve any Dispute for
at least 14 days, except that you or Sony (or any of its
affiliates) may skip this informal negotiation procedure for
Disputes enforcing, protecting, or concerning the validity
of intellectual property rights. “Dispute” is defined as
any disagreement, cause of action, claim, controversy, or
proceeding between you and any Sony entity related to
or arising out of the Sony Product, Sony Software, Sony
Content Services or this EULA. Dispute is to be given the
broadest possible meaning that will be enforced.
ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL
NEGOTIATION PROCESS DESCRIBED ABOVE SHALL BE RESOLVED
EXCLUSIVELY THROUGH BINDING ARBITRATION.
To begin arbitration, either you or we must make a written
demand to the other for arbitration. The arbitration
will take place before a single arbitrator. It will be
administered in keeping with the Expedited Procedures of
the Commercial Arbitration Rules, and the Supplementary
Proceedings for Consumer-Related disputes when
applicable (“Rules”) of the American Arbitration
Association (“AAA”) in effect when the claim is filed. You
may get a copy of AAA’s Rules by contacting AAA at
[phone] or visiting www.adr.org. The filing fees to
begin and carry out arbitration will be shared between
you and us, but in no event shall your fees ever exceed
the amount allowable by the special rules for Consumers
Disputes provided for by AAA, at which point Sony will
cover all additional administrative fees and expenses.
This does not prohibit the arbitrator from giving the
winning party their fees and expenses of the arbitration
when appropriate pursuant to the Rules. Unless you and
we agree differently, the arbitration will take place in the
county and state where you live, and applicable federal or
state law shall govern the substance of any Dispute. The
Federal Arbitration Act, 9 U.S.C. § 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 declaratory or injunctive
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.
Despite the 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. 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 in the
immediately preceding paragraph 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. Any Dispute determined not
subject to arbitration and not initiated in small claims
court will be litigated by either party in a court of
competent jurisdiction in either the Superior Court for the
County of San Diego or in the United States District Court
for the Southern District of California. 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 Agreement 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 this EULA by you
will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Sony, its affiliates or
third party licensors 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.
FEEDBACK
Should you have any questions concerning this EULA, you
may contact Sony by writing to Sony Technical Response
Center, 12600 Corporate Lakes Drive, Suite #10, Fort Myers,
Florida 33913, USA.
© 2017 Sony Electronics Inc. All Rights Reserved.
END USER LICENSE AGREEMENT
CONTRAT DE LICENCE D’UTILISATION
FOR CERTAIN SOFTWARE AND SERVICE TO BE USED
WITH YOUR SONY PRODUCT
POUR CERTAINS LOGICIELS ET SERVICES DEVANT ÊTRE UTILISÉS AVEC VOTRE PRODUIT SONY
© 2017 Sony Electronics Inc. Printed in Malaysia.