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in subparagraphs ( c)(1) and ( c)(2) of the Commercial
Computer Software clause at FAR 52.22719, 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.
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 Sony's website,
together constitute the entire agreement between you
and Sony with respect to the Sony Product, and the Sony
Software. Any notice by Sony hereunder
may
be made by
letter, or e-mail, or posting on Sony's website. 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 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
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
other third parties for your inability to use the Sony
Software
or the accompanying documentation.
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; SMALL CLAIMS; JURY
TRIAL
WAIVER; 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.
For purposes of this EULA,
"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,
or this
EULA. If a Dispute
arises,
you
agree
to first give notice to
6
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
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 ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND
THE SUPPLEMENTARY PROCEEDINGS FOR CONSUMER-RELATED
DISPUTES WHEN APPLICABLE, AND JUDGMENT ON THE AWARD
RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT HAVING JURISDICTION THEREOF.
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
(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
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 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
provided in this
section
within 30 days after the particular
change
was/is made.
Should such
a
situation
arise, you will
still
be bound by the
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