Sony BDP-N460 Operating Instructions Manual page 77

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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. [n 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. [f 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
rev iew 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
logos, service 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
busmess, 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 use and access the Services and access 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
(I)
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.,
16530 Via Esprillo, San Diego. CA 92 I27; Facsimile
(858) 942-9123; 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
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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 Sotlware, 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
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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 aspccts of the Sony Software,
including features you may rely upon. You hereby
agree that such activities may occur at Sony's sole
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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
Services 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 MA Y 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
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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
SPEC[FICALLY 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
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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 Sotlware 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)(I) 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.,
16530 Via Esprillo, San Diego, CA 92127.
JURY TRIAL WAIVER
THE PARTIES HERETO WAIVE TRIAL BY JURY
WITH RESPECT TO ANY MATIERS ARISING
UNDER OR RELATING TO THIS EULA. Any cause
of action you may have with respect to the Services
must be commenced within one (I) 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.
EXCLUDED SOFTWARE
Excluded Software included in the Sony Product is not
subject to this EULA. Please refer to the section of this
booklet entitled "Notices and Licenses for Excluded
Software Used in this Product" for a list of the
applicable software and terms and conditions
governing the use of such Excluded Software.
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.
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