Sony STR-DN840 Operating Instructions Manual page 130

CLASS ACTION WAIVER
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING
ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN
AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR
JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD
AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR
PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES INVOLVED IN THE
DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF
THE ARBITRATION.
OPT-OUT INSTRUCTIONS
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/
OR THE CLASS ACTION WAIVER ABOVE, THEN: (1) YOU MUST NOTIFY SONY IN
WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST USE THE SOFTWARE OR
AGREE TO THIS EULA, WHICHEVER OCCURS FIRST; (2) YOUR WRITTEN NOTIFICATION
MUST BE MAILED TO SONY ELECTRONICS INC., 16530 VIA ESPRILLO, MZ 1105, SAN
DIEGO CA 92127, ATTN: LEGAL DEPARTMENT; AND (3) YOUR WRITTEN NOTIFICATION
MUST INCLUDE: (A) YOUR NAME; (B) YOUR ADDRESS; (C) THE DATE YOU FIRST USED
THE SOFTWARE OR AGREED TO THIS EULA; AND (D) A CLEAR STATEMENT THAT YOU
DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH
ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION WAIVER.
REJECTING CHANGES MADE TO THE DISPUTE PROCEDURES
Despite anything to the contrary in this EULA, you may reject changes made to the binding arbitration
provision and class action waiver if: (1) you've already begun authorized use of the SOFTWARE at the
time the change was/is made; and (2) you mail written notice to the address in the immediately
preceding paragraph within 30 days after the particular change was/is made. Should 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.
MISCELLANEOUS
Any DISPUTE determined not subject to arbitration and not initiated in small claims court will be
litigated by either party 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.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA to the contrary, you acknowledge and agree that any
violation of or non-compliance with this EULA by you will cause irreparable harm to SONY, 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. SONY may also take
any legal and technical remedies to prevent violation of and/or to enforce this EULA, including, but not
limited to, immediate termination of your use of the SOFTWARE, if SONY believes in its sole
discretion that you are violating or intend to violate this EULA. These remedies are in addition to any
other remedies SONY may have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY may terminate this EULA if you fail to comply with
any of its terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the
SOFTWARE; (ii) comply with the requirements in the section below entitled "Your Account
Responsibilities".
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