Sony BRAVIA XBR-65A8G Reference Manual page 38

NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS SO THESE
LIMITATIONS MAY NOT APPLY TO YOU . THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIG°HTS AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. '
FEES
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ne~ Services or ~o portions of the existing Content or Services, or the Services as a whole. In addition,
Third Party ProvId~rs 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. If 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
So_ n y r~spects the intellect~al property rig~ts of others, ~nd we ask you to do the same. It is Sony's policy,
at its d1scr~t1on as appropriate, (a) to terminate.and/or disable the Content of Third Party Providers or users
of the ~erv1~es who may I_ n fringe or repeatedly infringe the copyrights or other intellectual property rights of
S_ony, _ its Third ~arty Prov1der_ s or others; and/or (b) to forward reports of intellectual property rights
v1olat1ons to Third Party Providers and others for review and action per the terms of such Third Party
Provider's procedures for protection of intellectual property rights. The Sony Software and Content are
protecte~ by copyright laws and !nternational cop~right treaties, as well as other intellectual property laws
?nd 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 th~ 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
Soft~~re. the S _ e ~v1ces, o_r t~e Content may violate copyright laws, trademark laws, the laws of privacy and
publicity, and c1v1I and crimI~al statute~. All right, title, and interest in and to the Sony Software and the
Conte_ n t, and any an_ d all copies o~ portions ~hereof, are ovyned by Sony, its licensors, Third Party Licensors,
suppl1~rs ?nd/or Third _ Party Providers. All rights not specIfIca!IY granted under this EULA are reserved by
Sony, its licensors, Third Party Llcensors, suppliers and/or Third Party Providers.
You ar_e responsible for all y~ur activities hereunder, including all legal liability incurred from access,
browsing, or us~ of t_ he Services by you or bX 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 ~ot distribute, exchange, modify, sell , or transmit anything you
may copy !rom the Sony Software, the Services, or the Content, including but not limited to any data, text,
softwar~, likenesses, ph_ o tographs , . images, graphics, audio, music, sound, video, messages, and tags, for
any business, commercial , or public purpose. As long as you comply with the Providers for your inability to
use the Sony Software or the accompanying documentation, the Services, or the Content.
DE-REGISTRATION OF YOUR DEVICE
S~ouldyou return you~ Sony Product ~o its place of purchase, transfer your Sony Product in accordance
with this EULA, or If this EULA Is terrryinated, 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.
RE_ S OLVING 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
Comp~ter lnfo_ r mation Tran~actions 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 EU~A. "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
P!oduct! Sony Software, So_ny Services
&
Content or this EULA. If a Dispute arises, you agree to first
give notice to us by contacting Sony Electronics Inc. at 16530 Via Esprillo, San Diego, California
9?127, Attn: Legal Department, and engaging in good faith negotiations to attempt to resolve any
DIspu~e _ f or 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 be!ore a ~ing!e arbitrator. It will be administered in keeping with the Expedited
P_rocedures of the ~ommerc1al Arb1trat1on Rules, and the Supplementary Proceedings for Consumer-Related
disputes when applicable ("Rules") of the AAA in effect when the claim is filed . You may get a copy of AAA's
Rules b_y con_ t actIng AAA at (800) 778-7879 or visiting www.adr.org. The filing fees to begin and carry out
arb1trat1on will be shared between you and us, but in no event shall your fees ever exceed the amount
allowa~l_ e by the s_p~cial rules for Consumers Disputes provided for by AAA, at which point Sony will cover
all add1t1onal adminIstrat1ve fees and expenses. This does not prohibit the arbitrator from giving the winning
party th_e1r fees and expe_nse~ of t~e arbitration _when appropriate pursuant to the Rules. Unless you and we
agree differently, the arb1trat1on will take place in the county and state where you live , and applicable federal
or state law sh?II g_ o ve_rn the substance of any Dispute. The Federal Arbitration Act, 9 U.S.C. § 1, et seq ., will
govern the arb1trat!o~ 1tsel! 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 I , n tav~r of the p_ a rty seeking reli_ e f, _ a n~ o_nl~ to the extent n~cessary to provide relief warranted by that
party s indIvIdual claim. Any court with 1urisd1ct1on 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 Un!te~ S _ t ates, to the extent th~ amount at issue does not exceed $15,000, and as long
as such court has proper 1urisdIct1on 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
mad_ e; and (2) you mail written notice to the address provided in this section within 30 days after the
particular change wa_ s /is made. Should sue~ a _ situation arise, you will still be bound by the Dispute
procedures you previously agreed to and existing before the change you rejected was made.
A _ ny Dispute_ determined not subject to arbitration and not initiated in small claims court will be litigated by
~1ther par:t,' in a court of competent jurisdiction in either the Superior Court for the County of San Diego or
in the United States District Court for the Southern District of California.
Notwithstanding the foregoing to the contrary, either party may initiate litigation immediately with respect to
any matter arising out of or in connection with this EULAfor which equitable relief (or an equivalent type of
ur9ent legal relief) i~ sought. You agree that any violation of or non-compliance with any term or condition of
this E~LA by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to
~any, its employees, directors, officers, agents, affiliates, subsidiaries, third party providers, third party
lIcensors, third party licensees, content providers, and direct and indirect parent(s) for which monetary
damages would be inadequate, and you consent to Sony obtaining any injunctive or equitable relief that Sony
deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies
that may be available to Sony under contract, at law or in equity. THE PARTIES HERETO WAIVE TRIAL BY
JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. Any claim or cause
of ac_ t ion relat~d to or arising out of your purchase or use of the Sony Product, Sony Software, Sony Content &
Services or this EULA must be commenced within one (1) year after the claim or cause of action arises.
YOU AGREE TO BRING ANY DISPUTES GOVERNED BY THIS EULA IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION . YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE
OR CLASS ACTION . YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
INDIVIDUAL'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR
CLASS ACTION PROCEEDING. THE ARBITRATOR SHALL DECIDE ALL OTHER ISSUES OF ARBITRABILITY.
AUTOMATIC UPDATE FEATURE/ MODIFICATION OF EULA AS TO SERVICES
From time to time, S?n~ or third parties may automatically update or otherwise modify the Sony Software,
for example, but not limited to, 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 aspects
of the Sony Software, including features you may rely upon . You hereby agree that such activities may occur
at Sony's sole discretion and that Sony may condition continued use of the Sony Software upon your complete
installation or.~cceptance of such update or modifications. Sony may add to, change, or remove any part,
term , or C?ndItI0~ of the EULA as It applies_ to the Sony Software, the Services, and/or the Content at any time
w1thou~ prior notice to you . Any such addIt1ons, changes, or removals or any terms posted in the Sony
Entertainment Network feature shall apply as soon as they are posted. By continuing to use Sony Software or
acc_ e ss_ 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 MAY
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
T_ E R~S AND CONDITIONS OF THIS EULA. Sony may take any legal and technical remedies to prevent
v1olat1on_ of a~d/or to en!orce ~hi~ EU _ L A, in_cluding, without !_ i mitation , immediate termination of your access to
the Services, 1f Sony believes in its d1scret1on 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 ~~chines, or weapons_ systems,
!n
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 LI CENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY 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 n~ay contain ~ncryption technology. You acknowledge that any export of
Sony Software or the Content containing encryption technology from the United States or subsequent
re-exp~rt ~f 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
ackno_wledge 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 to ab_ 1 de by all r~levant U.S. ~xport laws and regula~ions in the purchase and use of the Sony product
being acquired , including but not l1m1ted to those regulations relating to the export control of cryptographic
items and not to t~an~fer, _ or a_uthorize the transfer,. o! the Sony Software or the Content to a prohibited
country or otherwise in v1olat1on of any such restrictions or regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software i_ s pro~ided with ~E~TRICTED RIGHTS. Use , duplication or disclosure by the United
States Goyernment Is subJect to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the
Comrryerc1al Computer Software clause at FAR 52.227 19, and subparagraph (c)(i)(ii) of the Rights in
Technical Data and Co_ m puter Software c_lause at DOD FA_ R 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 MATTERS ARISING UNDER OR
RELATING TO THIS EULA. Any cause of action you may have with respect to the Services must be
commenced within one (1) year after the claim or cause of action arises.
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY
Thi~ ~ULA, the limited wa~r?nty accompanying the Sony Product, Sony's then-current privacy policy, and any
add1t1onal t~rms and cond1tIons 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 hereun9er may be ~?de by l~tter, e-mail, or posting on the Services. The failure of Sony to exercise or
enfo~ce any r!ght or prov~s,o_ n 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 Li~ensor and each Third Par:t,1_ Provide_r is an express intended third-party beneficiary of,
and shall have t~e right to enforce, each provIs1on of this EULA with respect to the software, service, and
content, as applicable, 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 gI~ing you notice .. In such event, you must destroy the Sony Software and accompanying
doc_ u mentat10~, and_ ?II copies y~u have m~de of them. _ I n ad~ition, upon termination you will have no recourse
against Sony, its aff1l1ates, its Third Party L1censors, or its Third Party 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.
To begin arbitration, either you or we must make a written demand to the other for arbitration. The
arbitration will take place before a ~ing!e arbitrator. It will be administered in keeping with the Expedited
P_ r ocedures of the ~ommerc1al Arb1tratIon Rules, and the Supplementary Proceedings for Consumer-Related
~1sputes when applicable ("Rules") of the American Arbitration Association ("AAA") in effect when the claim
Is fIle_ d _. You may get? copy of AAA's Rul~s by contacting AAA at (800) 778-7879 or visiting www.adr.org.
The filing fees to begin and carry out arb1trat1on will be shared between you and us, but in no event shall
your fees eyer ex~eed the af!lount allowabl~ _ b y the sp~c!al ru!es for Consumers Disputes provided for by
AAA, a~ which point ~?nY will c~ve_ r all add1t1on~I adm1rnstrat1ve 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 whereyou_ live, and applicable federal or state law shall govern the substance of any Dispute. The
Federal Arb1trat1on Act, 9 U.S.C.
§
1, et seq ., will govern the arbitration itself and not any state law on
arbitration . !he _ arbitrator's deci_ sion will be binding and final , except for a limited right of appeal under the
Fede_ral Ar~1trat1on Act. The arbitrator may award declaratory or injunctive relief only in favor of the party
seeking reh~f. ~nd_ o~ly _ t o the extent ne~essary to provide relief warranted by that party's individual claim.
Any court with 1urisdIctIon 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 ~n\te~ S _ t ates, to the extent th~ amount
?t
issu_ e does not ~xceed $15,000, and as long
as such court has proper 1unsd1ct1on 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·v~ alr~ady beg~n authorized use of the Sony Product at the time the change was/is
made; and (2) you mail written ~ot,ce to the address in the immediately preceding paragraph within 30 days
after the particular c~ange was/is made. Sh?ul_d such a situation arise, you will still be bound by the Dispute
procedures you previously agreed to and existing before the change you rejected was made.
A _ n y Dispute_ determined not subject to arbitration and not initiated in small claims court will be litigated by
~Ither par:t,' m a court _ of ~ompetent jurisdiction in either the Superior Court for the County of San Diego or
In the United States DIstnct Court for the Southern District of California.
Notwithstand!n9 the foregoi~g to the c_ o ntrary, either party may initiate litigation immediately with respect to
any matter ansing out _ o f o_ r In connection with this Agreement for which equitable relief (or an equivalent
type ~! urge~t legal relief) Is s_ o ught. ~ou agree that any violation of or non-compliance with any term or
cond1t1on this EULA by you will constitute an unlawful and unfair business practice, and will cause
irreparable harm to Sony, its affiliates or third party licensors for which monetary damages would be
inadequate_, an9 you co~sent to Sony obtaining any injunctive or equitable relief that Sony deems necessary
or ~ppropnate in such circumstances. These remedies are in addition to any other remedies that may be
available to Sony under contract, at law or in equity.
NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT
This product includes _ ce~ain open source or ~ther software originating from third parties that is subject to
the GNU General Public L1cense(GPL) , GNU Library/Lesser General Public License(LGPL) and different and/
or additional copyright licenses, disclaimers and notices. The exact terms of GPL LGPL and some other
licenses, disclaimers and notices are reproduced in the menu in this product. '
Source code for these executables and libraries can be obtained using the following link:
http://oss.sony.net/Products/Linux/
FEEDBACK
Should you have any questions concerning this EULA, you may contact Sony by writing to Sony Technical
Response Center, 12451 Gateway Boulevard, Fort Myers, Florida 33913, USA.
NOTIFICATION OF MP3
MPEG Layer-3 audio coding technology and patents licensed from Fraunhofer IIS and Thomson.
© 2018 Sony Electronics Inc. All Rights Reserved.