Sony UBP-X700 Mode D'emploi page 39

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.
with the Third Party Provider through a computer. The
English
Services and the Content may only be used for your own
IMPORTANT – READ THIS AGREEMENT BEFORE USING YOUR personal, private viewing, and shall not be used for non-
theatrical exhibition, or any viewing or exhibition for which
SONY PRODUCT. USING YOUR PRODUCT INDICATES YOUR
(or in a venue in which) an admission, access, or viewing
ACCEPTANCE OF THIS AGREEMENT.
fee is charged, or for any public exhibition or viewing.
If you do not agree to the terms of this EULA, as amended
The Services may be changed at any time and may be
from time to time by Sony in its discretion, Sony is
unavailable from time to time.
unwilling to license the Sony Software (as defined below)
to you, and you should before using the Sony Product
You understand, acknowledge and agree that access to
promptly contact Sony for instructions on the return of certain Sony Product features, including but not limited
the entire Sony Product and included Sony Software for a to your ability to access the Sony Content Services,
refund of the purchase price of the Sony Product. If you do requires an Internet connection for which you are solely
not agree to the terms of this EULA or Sony's applicable
responsible. You are solely responsible for payment
privacy policy, as amended from time to time by Sony in of any third party fees associated with your Internet
its discretion, Sony is unwilling to allow you to access the connection, including but not limited to Internet service
applicable Sony Content Services and Sony Content (as provider or airtime charges. The quality of the Sony
defined below).
Content Services presented is subject to your Internet
provider's service and terms, and is also dependent
This End User License Agreement ("EULA") is a legal
upon the speed of your Internet service. Operation of the
agreement between you and Sony Electronics Inc.
Sony Product and Sony Software, and access to the Sony
("Sony"), the licensor of the software (other than the
Content Services, may be limited or restricted depending
"Excluded Software" as defined below) included in
on the capabilities, bandwidth or technical limitations of
this Sony Product and related materials which shall be
your Internet connection and service. You understand,
collectively referred to as the "Sony Software." This EULA
acknowledge and agree that Internet connectivity is
covers the Sony Software and that of Sony's affiliates
provided by third parties over which Sony has no control.
and third party licensors ("Third Party Licensors") and
The provision, quality, availability and security of such
accompanying printed or online documentation. The
Internet connectivity, software and services are the sole
Sony Software includes software in your Sony Product,
responsibility of such third parties.
including updates or modified software, provided to you
by Sony, whether stored on media or downloaded to the THE SONY SOFTWARE AND THE SERVICES MAY ALLOW
Sony Product via any method, but not Excluded Software SONY, THE THIRD PARTY PROVIDERS, AND/OR OTHER
as defined below.
THIRD PARTIES TO COLLECT DATA FROM, CONTROL, AND/
OR MONITOR THE SONY PRODUCT AND OTHER DEVICES
Note: This EULA contains a binding individual arbitration
RUNNING OR INTERACTING WITH THE SONY SOFTWARE.
clause and class action waiver. If you wish to opt out of these
provisions, please follow the instructions in Section entited SOFTWARE LICENSE
"Resolving Disputes; Arbitration; Small Claims Waiver" below. You cannot use the Sony Software except as specified
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its Third Party Licensors grant you a limited license to use
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Electronics Inc. ("Third Party Providers") as a courtesy to
are deemed to be a part of the Sony Software. The Sony
you. The Sony Entertainment Network(TM) feature also
Software is licensed as a single product, and you may not
provides you access to selected Sony content services
separate its component parts for use on more than one
("Sony Content Services"), which services and related
device unless expressly authorized by Sony. You agree not
content ("Sony Content") shall both be considered Sony
to modify, reverse engineer, decompile or disassemble
Software under this EULA. The Sony Entertainment
the Sony Software in whole or in part or to use the Sony
Network(TM) feature requires an Internet connection.
Software in whole or in part for any purpose other than
Your ability to access the Services, and the quality of
allowed under this EULA. In addition, you may not rent,
the Services presented, are subject to your Internet
lease, sublicense, or sell the Sony Software, but you may
provider's service and terms as well as the broadband
transfer all of your rights under this EULA only as part of
Internet connection speed you use. Video quality and
a sale or transfer of the Sony Product provided you retain
picture size varies and is dependent upon the speed
no copies, transfer all of the Sony Software (including all
of your broadband service from your Internet provider
copies, component parts, any media, printed materials, all
and delivery by the Third Party Providers. The content,
versions and any upgrades of the Sony Software, and this
including but not limited to data, music, sound, audio,
EULA), and the recipient agrees to the terms of this EULA.
photographs, images, graphics, likenesses, software, text,
Sony and its Third Party Licensors retain all rights that this
video, messages, tags, or other materials, provided by
EULA does not expressly grant to you. You shall not (a)
Third Party Providers ("Content") and the availability of the
bypass, modify, defeat, or circumvent any of the functions
Services are at the sole discretion and under the control
or protections of the Sony Software or any mechanisms
of the Third Party Providers. The Content and Services of
operatively linked to the Sony Software; or (b) remove,
each Third Party Provider are provided pursuant to the
alter, cover, or deface any trademarks or notices on the
terms and conditions of that Third Party Provider. Premium
Sony Software. You understand, acknowledge, and agree
Content may require additional fees and/or registration
that the software, network services, or other products
2
All manuals and user guides at all-guides.com
4-725-461-11(1) other than the Sony Software upon which the Sony ("Materials"), all such Materials are, and will be treated as,
Software's performance may depend might be interrupted non-confidential and non-proprietary (except as expressly
or discontinued at the discretion of the suppliers (software provided for in the applicable privacy policy). Thus, you
suppliers, service providers, Third Party Providers, etc.) or give up any claim that use of such Materials violates
Sony. any of your rights including moral rights, privacy rights,
proprietary or other property rights, rights of publicity,
EXCLUDED SOFTWARE
rights to credit for material or ideas, or any other right,
Notwithstanding the foregoing limited license grant, you
including the right to approve the way Sony uses such
acknowledge that the Sony Product includes software
Materials. Any Material may be adapted, broadcast,
subject to other terms and conditions governing the
changed, copied, disclosed, licensed, performed, posted,
use of such software other than this EULA ("Excluded
published, sold, transmitted, or used by Sony anywhere in
Software"). Certain Excluded Software may be covered
the world, in any medium, forever and without attribution
by open source software licenses ("Open Source
or compensation to you. Furthermore, you hereby assign
Components"), which means any software licenses
all right, title, and interest in, and Sony is free to use,
approved as open source licenses by the Open Source
without any compensation to you, any ideas, know-how,
Initiative or any substantially similar licenses, including
concepts, techniques, or other intellectual property rights
but not limited to any license that, as a condition of
contained in the Materials, whether or not patentable,
distribution of the software licensed under such license,
for any purpose whatsoever, including but not limited
requires that the distributor make the software available
to developing, manufacturing, having manufactured,
in source code format. Terms and conditions applicable to
licensing, marketing, and selling products using such
Open Source Components are provided to you together
Materials. However, you agree and understand that
with this EULA and/or stored in your Device which may
Sony is not obligated to use any such ideas, know-how,
include but are not limited to the " "Setup" menus. Please
concepts, or techniques or Materials, and you have no
visit
right to compel such use.
http://oss.sony.net/Products/Linux for a list of applicable
Excluded Software included in this Sony Product from TRANSMITTED MATERIAL
time to time, and the applicable terms and conditions Internet transmissions are never completely private or
governing its use. Such terms and conditions may be secure. You understand that any message or information
changed by the applicable third party at any time without you send to Sony may be read or intercepted by others,
liability to you. To the extent required by the licenses unless there is a special notice that a particular message
covering Open Source Components, the terms of such (for example, credit card information) is encrypted (sent in
licenses will apply in lieu of the terms of this EULA. To code). Sending a message to Sony does not cause Sony to
the extent the terms of the licenses applicable to Open have any special responsibility to you.
Source Components prohibit any of the restrictions in
DIGITAL RIGHTS MANAGEMENT
this EULA with respect to such Open Source Components,
Content owners use Windows Media digital rights
such restrictions will not apply to such Open Source
management technology ("WMDRM") to protect their
Component. To the extent the terms of the licenses
intellectual property, including copyrights. This Sony
applicable to Open Source Components require Sony to
Product uses WMDRM software to access WMDRM-
make an offer to provide source code in connection with
protected Content. If the WMDRM software fails to
the Software, such offer is hereby made.
protect the Content, Content owners may ask Microsoft
USER ACCOUNT
Corporation ("Microsoft") to revoke the Service's ability
As part of the agreement to allow you to access, browse, to use WMDRM to play or copy protected Content.
or use the Services and the Content, Third Party Providers Revocation does not affect unprotected Content. If you
and/or other third parties may require that you establish a download licenses for protected Content, you agree that
user account ("Account") for which you must provide them Microsoft may include a revocation list with the licenses.
with true, accurate, current, and complete information Content owners may require you to upgrade WMDRM to
about yourself and maintain/ promptly update such access their Content. If you decline an upgrade, you will
information. You are responsible for maintaining the not be able to access Content that requires the upgrade.
confidentiality of any and all of your passwords associated
ADVERTISEMENTS, SERVICE COMMUNICATIONS
with any such Account.
Inclusion of the Service of a Third Party Provider does not
DATA COLLECTION mean that Sony approves of, or endorses, or recommends
Any Services provided by affiliates of Sony Corporation that Third Party Provider or its Content. You understand
and/or third parties that you access may also allow and agree that the Services and/or Content may include
affiliates of Sony Corporation and/or third parties to advertisements ("Advertisements"), and that these
collect data about you and/or about the use of that Advertisements are necessary in order for the Services to
service. Sony Corporation does not control and is not in be provided. If you use the Sony Entertainment Network
any way liable for such data collection and you should service, the SEN Terms of Use/Service and the SEN Privacy
consult the relevant privacy policy for each such Service Policy for your country will apply and you will be required
before using it. to agree to them. You understand and agree that use
of that service (and other services available through it)
SONY'S RIGHTS TO USER'S MATERIAL
as well as other services than those provided by Sony
If you send any communications or materials to Sony by
Entertainment Network may result in you receiving or
electronic mail or otherwise, including any selections,
being shown recommendations and/or advertisements,
comments, data, questions, suggestions, or the like
service announcements, administrative messages, news
3
updates and the like which Sony Corporation is not DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS
responsible nor liable for. SONY, ITS AFFILIATES, AND ITS OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE
THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,
EXPRESS OR IMPLIED, AS TO THE ACCURACY, LEGALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
RELIABILITY, OR VALIDITY OF ANY ADVERTISMENT, PURPOSE. SONY, ITS AFFILIATES, ITS THIRD PARTY
SERVICE COMMUNICATIONS, OR CONTENT, AS WELL AS LICENSORS, AND ITS THIRD PARTY PROVIDERS DO
ANY LIABILITY ARISING UNDER ANY THEORY OF LAW FOR NOT WARRANT THAT THE SONY SOFTWARE OR
THE ADVERTISEMENTS, SERVICE COMMUNICATIONS, AND ACCOMPANYING DOCUMENTATION, THE SERVICES, OR
CONTENT. THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT
THE OPERATION OF THE SONY SOFTWARE, THE SERVICES,
OBJECTIONABLE CONTENT AND RULES FOR MINORS (UNDER
OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR
AGE 16)
FREE. FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD
Certain Content may not be suitable for minors or other
PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS
users. Such Content may or may not be rated or identified
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR
as having explicit language, or otherwise being for a
CONDITIONS REGARDING THE USE OR THE RESULTS OF
mature audience. Therefore, you acknowledge that you
THE USE OF THE SONY SOFTWARE, THE SERVICES OR THE
are using the Services at your own risk and that Sony has
CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY,
no liability to you for the Content, including any Content
RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN
that may be offensive. You are responsible for supervising
INFORMATION OR ADVICE GIVEN BY SONY, ITS AFFILIATES,
the use of the Sony Product, the Sony Software, Excluded
OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE
Software, the Services, and the Content by any minor. If
A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE
you are under the age of 16, you should ask your parent(s)
THIS EXCLUSION OF WARRANTY AND CONDITION.
or a guardian before you : (i) e-mail Sony via the Service;
SHOULD THE SONY SOFTWARE, MEDIA ON WHICH THE
(ii) send in any information; (iii) enter any contest or game
SONY SOFTWARE IS FURNISHED, DOCUMENTATION, THE
that requires information about you or offers a prize; (iv)
SERVICES, OR THE CONTENT PROVE DEFECTIVE, YOU (AND
join any club or group; (v) post any information on any
NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE)
bulletin board or enter any chatroom; or (vi) buy anything
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
online.
REPAIR, OR CORRECTION.
EXCLUSION OF WARRANTY
LIMITATION OF LIABILITY
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED
THE CONTENT AND SERVICES ARE PROVIDED BY THIRD
TO ANY NEGLIGENCE ISSUES RELATED TO THIRD
PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY
PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS
THIRD PARTIES OVER WHICH SONY HAS NO CONTROL.
AFFILIATES, ITS THIRD PARTY LICENSORS OR ITS THIRD
THE SELECTION, PROVISION, QUALITY, PICTURE SIZE, AND
PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL,
AVAILABILITY OF SUCH CONTENT AND/OR SOFTWARE
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
ARE THE SOLE RESPONSIBILITY OF SUCH THIRD PARTY
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
PROVIDER OR OTHER THIRD PARTY. YOU AGREE TO
BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT
COMPLY WITH ANY AND ALL TERMS AND CONDITIONS
OR DAMAGES IN CONNECTION WITH, ARISING OUT OF
THAT THE THIRD PARTY PROVIDERS MAY SET FOR ITS
OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS
SERVICE, CONTENT AND/OR SOFTWARE. YOU FURTHER
OF USE OF THE SONY PRODUCT, DOCUMENTATION, THE
UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCESS,
SERVICES, THE CONTENT, DOWN TIME AND YOUR TIME,
BROWSING, AND USAGE OF THE SERVICES REQUIRES
LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF
INTERNET SERVICE PROVIDED BY YOU, AND FOR WHICH
DATA, INFORMATION OF ANY KIND, BUSINESS PROFITS, OR
YOU ARE SOLELY RESPONSIBLE, INCLUDING BUT NOT
OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON
LIMITED TO THE PAYMENT OF ANY THIRD PARTY FEES
WHATSOEVER, EVEN IF SONY, ITS AFFILIATES, ITS THIRD
(SUCH AS INTERNET SERVICE PROVIDER OR AIRTIME
PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS
CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DELIVERY OF ADVERTISEMENTS INCLUDED WITH THE
DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING
SERVICES. OPERATION OF THE Sony Entertainment
DOCUMENTATION, THE SERVICES, AND THE CONTENT
Network(TM) FEATURE AND THE SERVICE MAY BE LIMITED
ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK.
OR RESTRICTED DEPENDING ON THE CAPABILITIES,
SONY, ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND
BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR
ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR
INTERNET SERVICE. SONY, ITS AFFILIATES, AND ITS THIRD
DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED
PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR
WARRANTY OR CONDITION, BREACH OF CONTRACT,
THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL
STORE ANY USER COMMUNICATIONS OR PERSONALIZED
THEORY RELATED TO THE SONY SOFTWARE, THE SERVICES,
SETTINGS.
THE CONTENT, OR THIS EULA.
THE SONY SOFTWARE AND ACCOMPANYING
Some jurisdictions may not allow exclusions or limitations
DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE
of incidental or consequential damages, exclusions or
FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES
limitations of implied warranties or conditions, or allow
OR CONDITIONS, STATUTORY OR OTHERWISE, OF
limitations on how long an implied warranty lasts, so the
ANY KIND. SONY, ITS AFFILIATES, ITS THIRD PARTY
above limitations or exclusions may not apply to you.
LICENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY
4
LIMITED WARRANTY ON MEDIA this EULA are reserved by Sony, its licensors, Third Party
In situations where the Sony Software or any part thereof Licensors, suppliers and/or Third Party Providers.
is furnished on media, Sony warrants that for a period of
You are responsible for all your activities hereunder,
ninety (90) days from the date of its delivery to you, the
including all legal liability incurred from access, browsing,
media on which the Sony Software is furnished to you
or use of the Services by you or by others who use the
will be free from defects in materials and workmanship
Services via your Sony Product or Account (as defined in
under normal use. This limited warranty extends only
the User Account section). You may use the Sony Software,
to you as the original licensee. Sony's entire liability
the Services, and the Content for lawful purposes only.
and your exclusive remedy will be replacement of
You may not distribute, exchange, modify, sell, or transmit
the media not meeting Sony's limited warranty. ANY
anything you may copy from the Sony Software, the
IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA,
Services, or the Content, including but not limited to any
INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS
data, text, software, likenesses, photographs, images,
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/
graphics, audio, music, sound, video, messages, and tags,
OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED
for any business, commercial, or public purpose. As long
IN DURATION TO NINETY (90) DAYS FROM THE DATE
as you comply with the terms of this EULA, Sony grants
OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW
you a nonexclusive, nontransferable, limited right to use
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR
the Sony Entertainment Network(TM) feature to access
CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY
the Services and the Content as set forth in this EULA.
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
You further agree not to interrupt/disrupt or attempt to
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
interrupt/disrupt the operation of the Sony Software, the
VARY FROM JURISDICTION TO JURISDICTION.
Service or the Content in any way.
FEES
If you believe your work has been copied in a way
Sony and its Third Party Providers reserve the right at any
that constitutes copyright infringement, or that your
time to charge fees for access to new Content or new
intellectual property rights have otherwise been violated,
Services or to portions of the existing Content or Services,
please first contact the Third Party Provider for the
or the Services as a whole. In addition, Third Party
particular Service. If you are unable to contact such Third
Providers may charge fees for access to their Content. In
Party Provider, or the content at issue is Sony's, you may
no event will you be charged for access to any portion or
contact Sony's Intellectual Property Agent (listed below)
all of the Content and/or the Services unless Sony and/
with the following information in a written notice : (a) an
or a Third Party Provider obtain your prior agreement to
electronic or physical signature of the person authorized
pay such charges. If you do not consent to such charges,
to act on behalf of the copyright or other intellectual
however, you may not have access to paid Content or
property interest; (b) a description of the copyrighted
Services for which such charges apply.
work or other intellectual property that you claim has
been infringed; (c) a description of the particular Service
INTELLECTUAL PROPERTY / NOTICE FOR CLAIMS OF
and where the material that you claim is infringing is
INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
located on such Service, with enough detail that we may
Sony respects the intellectual property rights of others,
find the material; (d) your address, telephone number,
and we ask you to do the same. It is Sony's policy, at
and e-mail address; (e) a statement by you that you
its discretion as appropriate, (a) to terminate and/or
have a good faith belief that the disputed use is not
disable the Content of Third Party Providers or users of
authorized by the copyright or intellectual property owner,
the Services who may infringe or repeatedly infringe
its agent, or the law; and (f) a statement by you, made
the copyrights or other intellectual property rights of
under penalty of perjury, that the above information in
Sony, its Third Party Providers or others; and/or (b) to
your notice is accurate and that you are the copyright or
forward reports of intellectual property rights violations
intellectual property owner or authorized to act on the
to Third Party Providers and others for review and action
copyright or intellectual property owner's behalf. Sony's
per the terms of such Third Party Provider's procedures
agent for notice of copyright or other intellectual property
for protection of intellectual property rights. The Sony
right infringement is as follows: Intellectual Property
Software and Content are protected by copyright laws
Agent, c/o Sony Electronics Inc., 16535 Via Esprillo, San
and international copyright treaties, as well as other
Diego, CA 92127; Facsimile (858) 942-1111; E-Mail IPagent@
intellectual property laws and treaties. There may be
am.sony.com.
proprietary logos, service marks, trademarks, likenesses,
and trade names found in the Sony Software, the Content,
INDEMNIFICATION
or on the Services. By making the Sony Software and
You agree to indemnify, defend, and hold harmless
Content available on the Services, Sony and the Third
Sony and all of its agents, directors, officers, employees,
Party Providers are not granting you any license to information providers, licensors and licensees, affiliates,
utilize those proprietary logervice marks, trademarks,
content providers, and direct and indirect parent(s)
likenesses, or trade names. Any unauthorized use of the
(collectively, "Indemnified Parties") from and against any
Sony Software, the Services, or the Content may violate
and all liability and costs (including, without limitation,
copyright laws, trademark laws, the laws of privacy and attorneys' fees and costs) incurred by the Indemnified
publicity, and civil and criminal statutes. All right, title, and
Parties in connection with any claim arising out of (i)
interest in and to the Sony Software and the Content, and
any breach or alleged breach by you of this EULA in
any and all copies or portions thereof, are owned by Sony,
any manner, (ii) any information you submit to Sony
its licensors, Third Party Licensors, suppliers and/or Third hereunder, (iii) any breach or alleged breach by you of a
Party Providers. All rights not specifically granted under
third party's rights, (iv) any damage caused by or alleged
5
to have been caused by you to the Sony Software, the OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM
Services, or the Content. Counsel you select for defense or ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF
settlement of a claim must be consented to by Sony and/ FITNESS FOR HIGH RISK ACTIVITIES.
or Indemnified Party(s) prior to counsel being engaged
RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY
to represent you and Sony and/or Indemnified Party(s).
The Sony Software and the Content may contain
You and your counsel will cooperate as fully as reasonably
encryption technology. You acknowledge that any export
required by the Indemnified Party(s) in defense or
of Sony Software or the Content containing encryption
settlement of any claim. Sony and/or Indemnified Party(s)
technology from the United States or subsequent re-
reserve the right, at its own expense, to assume the
export of such software by a person located outside of
exclusive defense or settlement, and control of any matter
the United States requires a license or other authorization
otherwise subject to indemnification by you. You shall
from the U.S. Department of Commerce's Bureau of
not in any event consent to any judgment, settlement,
Industry and Security. You further acknowledge that
attachment, or lien, or any other act adverse to the
the Sony Software or the Content containing encryption
interest of Sony or any Indemnified Party without the prior
technology and acquired from Sony is not intended for
written consent of Sony and/or Indemnified Party(s).
use by a foreign government end user. By accepting this
AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO license agreement, you agree to abide by all relevant
SERVICES U.S. export laws and regulations in the purchase and use
From time to time, Sony or third parties may automatically of the Sony Product being acquired, including but not
update or otherwise modify the Sony Software, for limited to those regulations relating to the export control
of cryptographic items and not to transfer, or authorize
example, but not limited to, for purposes of error
correction, improvement of features, and enhancement the transfer, of the Sony Software or the Content to a
of security features. Such updates or modifications may prohibited country or otherwise in violation of any such
change or delete the nature of features or other aspects restrictions or regulations.
of the Sony Software, including features you may rely
US GOVERNMENT RESTRICTED RIGHTS
upon. You hereby agree that such activities may occur
The Sony Software is provided with RESTRICTED
at Sony's sole discretion and that Sony may condition
RIGHTS. Use, duplication or disclosure by the United
continued use of the Sony Software upon your complete
States Government is subject to restrictions as set forth
installation or acceptance of such update or modifications.
in subparagraphs (c)(1) and (c)(2) of the Commercial
Sony may add to, change, or remove any part, term, or
Computer Software clause at FAR 52.227 19, and
condition of the EULA as it applies to the Sony Software,
subparagraph (c)(i)(ii) of the Rights in Technical Data and
the Services, and/or the Content at any time without prior
Computer Software clause at DOD FAR 252.227-7013 and
notice to you. Any such additions, changes, or removals or
any comparable federal, state or local law or regulation.
any terms posted in the Sony Entertainment Network(TM)
Manufacturer is Sony Electronics Inc., 16535Via Esprillo,
feature shall apply as soon as they are posted. By
San Diego, CA 92127.
continuing to access the Services, the Sony Content
JURY TRIAL WAIVER
Services, the Content, and/ or the Sony Content after so
THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT
posted, you are indicating your acceptance thereto. SONY
TO ANY MATTERS ARISING UNDER OR RELATING TO THIS
MAY ADD, CHANGE, DISCONTINUE, REMOVE, OR SUSPEND
EULA. Any cause of action you may have with respect to
ANY OF THE SERVICES OR THE SONY CONTENT SERVICES,
the Services must be commenced within one (1) year after
TEMPORARILY OR PERMANENTLY, AT ANY TIME, WITHOUT
the claim or cause of action arises.
NOTICE AND WITHOUT LIABILITY. WITHOUT PREJUDICE TO
ANY OTHER RIGHTS, SONY MAY SUSPEND OR TERMINATE
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY
THIS EULA AS TO THE SERVICES, THE SONY CONTENT
This EULA, the limited warranty accompanying the Sony
SERVICES, THE CONTENT, AND/OR THE SONY CONTENT Product, Sony's then-current privacy policy, and any
IMMEDIATELY UPON NOTICE IF YOU FAIL TO COMPLY
additional terms and conditions posted on the Services,
WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony
together constitute the entire agreement between you
may take any legal and technical remedies to prevent
and Sony with respect to the Sony Product, the Sony
violation of and/or to enforce this EULA, including, without Software, the Services, and the Content. Any notice by
limitation, immediate termination of your access to the
Sony hereunder may be made by letter, e-mail, or posting
Services, if Sony believes in its discretion that you are
on the Services. The failure of Sony to exercise or enforce
violating this EULA.
any right or provision of this EULA shall not constitute a
waiver of such right or provision. If any part of this EULA is
HIGH RISK ACTIVITIES
held invalid, illegal, or unenforceable, that provision shall
The Sony Software is not fault-tolerant and is not
be enforced to the maximum extent permissible so as to
designed, manufactured or intended for use or resale as
maintain the intent of this EULA, and the other parts will
on-line control equipment in hazardous environments
remain in full force and effect.
requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication
THIRD PARTY BENEFICIARIES
systems, air traffic control, direct life support machines,
Each Third Party Licensor and each Third Party Provider is
or weapons systems, in which the failure of the Sony
an express intended third-party beneficiary of, and shall
Software could lead to death, personal injury, or severe have the right to enforce, each provision of this EULA
physical or environmental damage ("High Risk Activities").
with respect to the software, service, and content, as
SONY, EACH OF THE THIRD PARTY LICENSORS, AND EACH
applicable, of such party.
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TERM winning party their fees and expenses of the arbitration
This EULA is effective until terminated. Sony may when appropriate pursuant to the Rules. Unless you and
terminate this EULA immediately if you fail to comply we agree differently, the arbitration will take place in the
with its terms by giving you notice. In such event, you county and state where you live, and applicable federal or
state law shall govern the substance of any Dispute. The
must destroy the Sony Software and accompanying
documentation, and all copies you have made of them. Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern
In addition, upon termination you will have no recourse the arbitration itself and not any state law on arbitration.
against Sony, its affiliates, its Third Party Licensors, or its The arbitrator's decision will be binding and final, except
for a limited right of appeal under the Federal Arbitration
Third Party Providers for your inability to use the Sony
Software or the accompanying documentation, the Act. The arbitrator may award declaratory or injunctive
Services, or the Content. relief only in favor of the party seeking relief, and only to
the extent necessary to provide relief warranted by that
DE-REGISTRATION OF YOUR DEVICE
party's individual claim. Any court with jurisdiction over
Should you return your Sony Product to its place of
the parties may enforce the arbitrator's decision.
purchase, transfer your Sony Product in accordance
Despite the above, you have the right to litigate any
with this EULA, or if this EULA is terminated, you agree
Dispute in small claims court or other similar court of
to: (i) de-register the Sony Product by deleting any
limited jurisdiction in the United States, to the extent
and all accounts you may have established on or have
accessed through the Sony Product; and (ii) reset the Sony the amount at issue does not exceed $15,000, and as
long as such court has proper jurisdiction and all other
Product to its original factory settings. YOU ARE SOLELY
requirements (including amount in controversy) are
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
satisfied. Despite anything to the contrary in this EULA,
ANY ACCOUNTS YOU HAVE WITH THIRD PARTIES AND ANY
USERNAMES AND PASSWORDS ASSOCIATED WITH YOUR you may reject changes made to the binding arbitration
provision if: (1) you've already begun authorized use of
USE OF THE SONY PRODUCT.
the Sony Product at the time the change was/ is made;
RESOLVING DISPUTES; ARBITRATION; CLASS ACTION WAIVER
and (2) you mail written notice to the address in the
This EULA will not be governed or interpreted in any way
immediately preceding paragraph within 30 days after the
by referring to any law based on the Uniform Computer
particular change was/is made. Should such a situation
Information Transactions Act (UCITA) or any other act
arise, you will still be bound by the Dispute procedures
derived from or related to UCITA. Further, the United
you previously agreed to and existing before the change
Nations Convention on Contracts for the International Sale
you rejected was made. Any Dispute determined not
of Goods shall not apply to this EULA. If a Dispute arises,
subject to arbitration and not initiated in small claims
you agree to first give notice to us by contacting Sony
court will be litigated by either party in a court of
Electronics Inc. at 16535 Via Esprillo, San Diego, California
competent jurisdiction in either the Superior Court for the
92127, Attn: Legal Department, and engaging in good
County of San Diego or in the United States District Court
faith negotiations to attempt to resolve any Dispute for
for the Southern District of California. Notwithstanding
at least 14 days, except that you or Sony (or any of its
the foregoing to the contrary, either party may initiate
affiliates) may skip this informal negotiation procedure for
litigation immediately with respect to any matter arising
Disputes enforcing, protecting, or concerning the validity
out of or in connection with this Agreement for which
of intellectual property rights. "Dispute" is defined as
equitable relief (or an equivalent type of urgent legal
any disagreement, cause of action, claim, controversy, or
relief) is sought. You agree that any violation of or non-
proceeding between you and any Sony entity related to
compliance with any term or condition this EULA by you
or arising out of the Sony Product, Sony Software, Sony
will constitute an unlawful and unfair business practice,
Content Services or this EULA. Dispute is to be given the
and will cause irreparable harm to Sony, its affiliates or
broadest possible meaning that will be enforced.
third party licensors for which monetary damages would
ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL be inadequate, and you consent to Sony obtaining any
NEGOTIATION PROCESS DESCRIBED ABOVE SHALL BE RESOLVED injunctive or equitable relief that Sony deems necessary
EXCLUSIVELY THROUGH BINDING ARBITRATION. or appropriate in such circumstances. These remedies are
in addition to any other remedies that may be available to
To begin arbitration, either you or we must make a written
demand to the other for arbitration. The arbitration Sony under contract, at law or in equity.
will take place before a single arbitrator. It will be
FEEDBACK
administered in keeping with the Expedited Procedures of
Should you have any questions concerning this EULA, you
the Commercial Arbitration Rules, and the Supplementary
may contact Sony by writing to Sony Technical Response
Proceedings for Consumer-Related disputes when
Center, 12600 Corporate Lakes Drive, Suite #10, Fort Myers,
applicable ("Rules") of the American Arbitration
Florida 33913, USA.
Association ("AAA") in effect when the claim is filed. You
may get a copy of AAA's Rules by contacting AAA at
© 2017 Sony Electronics Inc. All Rights Reserved.
(800) 778-7879 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
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