Sony SRS-HG1 Operating Instructions Manual page 9

4-589-726-11(1)
©2016 Sony Corporation Printed in Malaysia
English
END USER LICENSE AGREEMENT
IMPORTANT:
BEFORE USING THIS DEVICE, PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA")
CAREFULLY. BY USING THIS DEVICE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU
DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THIS DEVICE.
This EULA is a legal agreement between you and Sony Electronics Inc. ("SONY"). This
EULA governs your rights and obligations regarding the software of SONY and/or its third
party licensors (including SONY's affiliates) and their respective affiliates (collectively, the
"THIRD-PARTY SUPPLIERS") for this device (SONY's audio device, this "DEVICE"), together
with any updates/upgrades provided by SONY, any printed, on-line or other electronic
documentation for such software, and any data files created by operation of such
software (collectively, the "SOFTWARE").
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end
user license agreement (including, but not limited to, GNU General Public license and
Lesser/Library General Public License) shall be covered by such applicable separate end
user license agreement in lieu of the terms of this EULA to the extent required by such
separate end user license agreement ("EXCLUDED SOFTWARE").
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other
intellectual property laws and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including, but not limited to, any images,
photographs, animation, video, audio, music, text and "applets" incorporated into the
SOFTWARE) is owned by SONY or one or more of the THIRD-PARTY SUPPLIERS.
GRANT OF LICENSE
SONY grants you a limited license to use the SOFTWARE solely in connection with this
DEVICE and only for your individual, non-commercial use. SONY and the THIRD-PARTY
SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all
intellectual property rights) in and to the SOFTWARE that this EULA does not specifically
grant to you.
REQUIREMENTS AND LIMITATIONS
You may not copy, publish, adapt, redistribute, attempt to derive source code, modify,
reverse engineer, decompile, or disassemble any of the SOFTWARE, whether in whole or
in part, or create any derivative works from or of the SOFTWARE unless such derivative
works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with
any digital rights management functionality of the SOFTWARE. You may not bypass,
modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any
mechanisms operatively linked to the SOFTWARE. You may not separate any individual
component of the SOFTWARE for use on more than one DEVICE unless expressly
authorized to do so by SONY. You may not remove, alter, cover or deface any trademarks
or notices on the SOFTWARE. You may not share, distribute, rent, lease, sublicense,
assign, transfer or sell the SOFTWARE. The software, network services or other products
other than SOFTWARE upon which the SOFTWARE'S performance depends might be
interrupted or discontinued at the discretion of the suppliers (software suppliers, service
suppliers, or SONY). SONY and such suppliers do not warrant that the SOFTWARE,
network services or other products will continue to be available, or will operate without
interruption or modification.
EXCLUDED SOFTWARE AND OPEN SOURCE COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge that the
SOFTWARE may include 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. If and to the extent
disclosure is required, please visit oss.sony.net/Products/Linux or other SONY-designated
web site for a list of applicable OPEN SOURCE COMPONENTS included in the SOFTWARE
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 EXCLUDED SOFTWARE, 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 EXCLUDED SOFTWARE prohibit any of the restrictions in this EULA
with respect to such EXCLUDED SOFTWARE, such restrictions will not apply to such
EXCLUDED SOFTWARE. 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.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used by you to view, store, process and/or use
content created by you and/or third parties. Such content may be protected by copyright,
other intellectual property laws, and/or agreements. You agree to use the SOFTWARE
only in compliance with all such laws and agreements that apply to such content. You
acknowledge and agree that SONY may take appropriate measures to protect the
copyright of content stored, processed or used by the SOFTWARE. Such measures
include, but are not limited to, counting the frequency of your backup and restoration
through certain SOFTWARE features, refusal to accept your request to enable restoration
of data, and termination of this EULA in the event of your illegitimate use of the
SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH CONTENT
AVAILABLE THROUGH ONE OR MORE CONTENT SERVICES ("CONTENT SERVICE"). USE OF
THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THAT
CONTENT SERVICE. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE
SOFTWARE WILL BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN CONTENT
AND SERVICES AVAILABLE THROUGH THE SOFTWARE MAY BE PROVIDED BY THIRD
PARTIES OVER WHICH SONY HAS NO CONTROL. USE OF THE CONTENT SERVICE REQUIRES
AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY SERVICES
You acknowledge and agree that access to certain SOFTWARE features may require an
Internet connection for which you are solely responsible. Further, you are solely
responsible for payment of any third party fees associated with your Internet connection,
including but not limited to Internet service provider or airtime charges. Operation of the
SOFTWARE may be limited or restricted depending on the capabilities, bandwidth or
technical limitations of your Internet connection and service. The provision, quality and
security of such Internet connectivity are the sole responsibility of the third party
providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all export and re-export restrictions and regulations of the
Department of Commerce and other United States agencies and authorities, and not to
transfer, or authorize the transfer, of the SOFTWARE to a prohibited country or otherwise
in violation of any such restrictions or regulations.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States Government is subject to restriction as
set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 C.F.R. § 52.227-19, as applicable. The manufacturer solely for purposes of this
section is Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.
HIGH RISK ACTIVITIES
The 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 machines, or weapons
systems, in which the failure of the SOFTWARE could lead to death, personal injury, or
severe physical or environmental damage ("HIGH RISK ACTIVITIES"). SONY, each of the
THIRD-PARTY SUPPLIERS, and each of their respective affiliates specifically disclaim any
express or implied warranty, duty or condition of fitness for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the SOFTWARE is at your sole risk and that you
are responsible for use of the SOFTWARE. The SOFTWARE is provided "AS IS," without
warranty, duty or condition of any kind.
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SONY
and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as "SONY")
EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT
WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE FUNCTIONS
CONTAINED IN ANY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THEY
WILL BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE SOFTWARE WILL BE
CORRECT OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, (C) THAT THE
SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, (D) THAT
ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER
THAN THE SOFTWARE) UPON WHICH THE SOFTWARE'S PERFORMANCE DEPENDS WILL
CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED, AND (E) REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR AN AUTHORIZED
REPRESENTATIVE OF SONY SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SONY
and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as "SONY")
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH
OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED
HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF ANY OF THEM HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH AND ALL OF THEIR
AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID FOR THIS DEVICE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION
DATA, DATA SECURITY
You acknowledge and agree that SONY and its affiliates, partners and agents may read,
collect, transfer, process and store certain information collected from the SOFTWARE,
including but not limited to information about (i) the SOFTWARE and (ii) the software
applications, contents and peripheral devices that interact with your DEVICE and the
SOFTWARE ("Information"). Information includes, but is not limited to: (1) unique
identifiers relating to your DEVICE and its components; (2) performance of the DEVICE,
the SOFTWARE and their components; (3) configurations of your DEVICE, the SOFTWARE
and the software applications, contents and peripheral devices that interact with the
DEVICE and the SOFTWARE; (4) use and frequency of use of the functions of (x) the
SOFTWARE, and (y) the software applications, contents and peripheral devices that
interact with the SOFTWARE; and (5) location data, as indicated below. SONY and its
affiliates, partners and agents may use and disclose Information subject to applicable
laws in order to improve its products and services or to provide products or services to
you. Such uses include, but are not limited to: (a) administering the functionalities of the
SOFTWARE; (b) to improve, service, update or upgrade the SOFTWARE; (c) improving,
developing and enhancing the current and future products and services of SONY and
other parties; (d) to provide you with information about the products and services offered
by SONY and other parties; (e) complying with applicable laws or regulations; and (f) to
the extent offered, providing you with location-based services of SONY and other parties,
as indicated below. In addition, SONY retains the right to use Information to protect itself
and third parties from illegal, criminal or harmful conduct.
Certain services available through the SOFTWARE may rely upon location information,
including, but not limited to, the geographic location of the DEVICE. You acknowledge
that for the purpose of providing such services, SONY, the THIRD-PARTY SUPPLIERS or
their partners may collect, archive, process and use such location data, and that such
services are governed by the privacy policies of SONY or such third party. By using any
such services, you agree that you have reviewed the privacy policies applicable to such
services and consent to such activities.
SONY, its affiliates, partners and agents will not intentionally use Information to
personally identify the owner or user of the SOFTWARE without your knowledge or
consent. Any use of Information will be in accordance with the privacy policies of SONY or
such third party. SONY's current privacy policy is located at: www.sony.com/selprivacy.
Please contact applicable third parties for privacy policies relating to personally
identifiable and other information you provide when you use or access third party
software or services.
Information may be processed, stored or transferred to SONY, its affiliates or agents
which are located in countries outside of your country of residence. Data protection and
information privacy laws in certain countries may not offer the same level of protection
as your country of residence and you may have fewer legal rights in relation to
Information processed and stored in, or transferred to, such countries. SONY will use
reasonable efforts to take appropriate technical and organizational steps to prevent
unauthorized access to or disclosure of Information, but does not warrant it will eliminate
all risk of misuse of such Information.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-PARTY SUPPLIERS may automatically update or
otherwise modify the SOFTWARE, including, but not limited to, for purposes of
enhancement of security functions, error correction and improvement of functions, at
such time as you interact this DEVICE with SONY's or third parties' servers, or otherwise.
Such updates or modifications may delete or change the nature of features or other
aspects of the SOFTWARE, including, but not limited to, functions you may rely upon. You
acknowledge and agree that such activities may occur at SONY's sole discretion and that
SONY may condition continued use of the SOFTWARE upon your complete installation or
acceptance of such update or modifications. Any updates/modifications shall be deemed
to be, and shall constitute part of, the SOFTWARE for purposes of this EULA. By
acceptance of this EULA, you consent to such update/modification.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SONY's privacy policy, each as amended and modified from time to time,
together constitute the entire agreement between you and SONY with respect to the
SOFTWARE. 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. The United Nations Convention on Contracts for the International
Sale of Goods shall not apply to the SOFTWARE or this EULA. Furthermore, 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.
BINDING ARBITRATION
ANY "DISPUTE" THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION
PROCESS DESCRIBED ABOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING
ARBITRATION. "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 SOFTWARE or this EULA. DISPUTE is to be given the broadest possible meaning that
will be enforced. If a DISPUTE arises, you agree to first give notice to SONY by contacting
Sony Electronics Inc. at 16530 Via Esprillo, MZ 1105, San Diego, CA 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 DISPUTE enforcing, protecting, or concerning the validity of
intellectual property rights.
ARBITRATION INSTRUCTIONS
To begin arbitration, either you or SONY 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 SONY,
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 SONY 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 declaratory or injunctive 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.
SMALL CLAIMS EXCEPTION
Despite the provisions set forth above, you have the right to litigate any DISPUTE in small
claims court or other similar court of limited jurisdiction, 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.
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".
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE
DISCRETION BY POSTING NOTICE ON A SONY DESIGNATED WEB SITE, BY EMAIL
NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART
OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER
LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you
should promptly contact SONY for instructions. Your continued use of the SOFTWARE
after the effective date of any such notice shall be deemed your agreement to be bound
by such amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER 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.
YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase, sell or otherwise transfer your
DEVICE, or if this EULA is terminated, you are responsible for and must delete any and all
accounts you may have established on DEVICE or are accessible through this DEVICE. You
are solely responsible for maintaining the confidentiality of any accounts you have with
SONY or third parties and any usernames and passwords associated with your use of the
DEVICE.
Should you have any questions concerning this EULA, you may contact SONY by writing
to SONY at: Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.
Copyright © 2012 Sony Electronics Inc. All rights reserved.