Sony XBR-49X800E Reference Manual page 39

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
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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
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Sony Product. The Sony Software may create data files automatically for use with the Sony Software,
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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
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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
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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
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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 "Help" or "About" menus. Please visit http://oss.sony.neV
Products/Linux for a list of applicable E xcluded 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 Third Party Providers that you access may also allow Third Party Providers
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
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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
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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.
TRANSMITIED 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 Microsoft PlayReady'" content access technology ("PiayReady") to protect their
intellectual property, including copyrighted content. This Sony Product uses PlayReady technology to
access PlayReady-protected Content and/or WMDRM-protected Content ("WMDRM" means Microsoft
Windows Media digital rights management technology). If this Sony Product fail s to properly enforce
restrictions on the Content usage, Content owners may require Microsoft Corporation ("Microsoft") to
revoke this Sony Product's ability to consume PlayReady-protected Content. Revocation should not
affect unprotected Content or Content protected by other content access technologies. Content owners
may require you to upgrade PlayReady to access their Content. If you decline an upgrade, you will not
be able to access Content that requires the upgrade.
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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 and/or PSN Terms of Use/Service and the SEN and/or PSN 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
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PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY,
LEGALITY, RELIABILITY, OR VALIDITY OF ANY ADVERTISEMENT, 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: (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
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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
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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 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 SETIINGS.
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT
ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR
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)
TERMS OF THIS EULA, SONY GRANTS YOU A NONEXCLUSIVE, NONTRANSFERABLE, LIMITED RIGHT
TO USE THE SONY ENTERTAINMENT NETWORK FEATURE TO ACCESS THE SERVICES AND THE
CONTENT AS SET FORTH IN THIS EULA. YOU FURTHER AGREE NOT TO INTERRUPT/DISRUPT OR
ATIEMPT TO INTERRUPT/DISRUPT THE OPERATION OF THE SONY SOFTWARE, THE SERVICE OR
THE CONTENT IN AN Y 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 WRITIEN 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/0 SONY ELECTRONICS INC., 16530 VIA ESPRILLO,
SAN DIEGO, CA 92127; FACSIMILE (858) 942-1111 ; E-MAIL IPagent@ am.sony.com
INDEMNIFICATION
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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.
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PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING
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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
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TO THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS AFFILIATES, ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR AN Y SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, E XEMPLARY, 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 delive ry 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. AN Y 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