Sony BRAVIA XBR-65A8G Reference Manual page 37

SOFTWARE LICEN SE
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 "Help" or "About" menus. Please visit http://oss.sony.neVProducts/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 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 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 TD 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 Microsoft PlayReady™ content access technology ("PlayReady") to protect their
intellectual property, including copyrighted content. This Sony Product uses PlayReady technology to
access PlayReady-protected Content and/or WM O RM-protected Content ("WMDRM" means Microsoft
Windows Media digital rights management technology).
If
this Sony Product fails 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.
DIGITAL RIGHTS MANAGEMENT
(Widevine ORM)
Content owners use Widevine ORM content access technology to protect their intellectual property, including
copyrighted content. This Sony Product uses Widevine ORM technology to access Widevine ORM-protected
Content. If the Sony Product fails to properly enforce restrictions on Content usage, Content owners may
require Widevine Technologies (a Google company) to revoke this Sony Product's ability to consume
Widevine ORM-protected Content. Revocation should not affect unprotected Content or Content protected by
other content access technologies. Content owners may require you to upgrade Widevine ORM to access
their Content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
DIGITAL RIGHTS MANAGEMENT
(Marlin Broadband ORM)
Content owners use Marlin Broadband ORM content access technology to protect their intellectual property,
including copyrighted content. This Sony Product uses Marlin Broadband ORM technology to access Marlin
Broadband ORM-protected Content. If the Sony Product fails to properly enforce restrictions on Content
usage, Content owners may require Marlin Trust Management Organization to revoke this Sony Product's
ability to consume Marlin Broadband ORM-protected Content. Revocation should not affect unprotected
Content or Content protected by other content access technologies. Content owners may require you to
upgrade Marlin Broadband ORM 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 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 advertisements, service announcements, administrative
messages, news updates and the like which Sony 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, RELIAB ILITY, 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 FDR 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
SONY, ITS AFFILIATES, ITS THIRD PARTY LI CENSORS, AND ITS THIRD PARTY PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. SONY, ITS AFFILIATES, ITS THIRD PARTY LI CENSORS, 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 AUTHOR IZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR CONDITION , OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY
AND COND ITION . 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.
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, ANO 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 FEATURE AND THE SERVICE MAY BE LIMITED OR RESTRICTED DEPEND ING ON THE
CAPABILITIES, BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR INTERNET SERVICE. SONY, ITS
AFFILIATES, AND ITS TH IRD PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR THE
TIMELI NESS, DELETION, MIS- DELIVERY, OR FAI LURE TO STORE ANY USER COMMUN ICATIONS 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
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($) 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 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;
(8) A DESCRIPTION OF THE COPYR IGHTED 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-MAll lPagent@ 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, "the 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 and/or any Indemnified Party without the prior written consent of Sony and/or
Indemnified Party(s).
LIMITATION OF LIABILITY
IN NO EVENT WI LL SONY (INCLUDING BUT NOT LIMITED TO ANY NEG LI G ENCE ISSUES RELATED TO
TH IRD PARTY LI CENSORS OR THIRD PARTY PROVIDERS) , ITS AFFILIA TES, ITS THIRD PARTY
LICENSORS OR ITS TH IRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUN ITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAG E S O F ANY KIND, INCLUDING BUT
NOT LI MITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, AR ISING
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, EVE N 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
BRE ACH 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 COND ITIONS 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