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WARRANTY OR CONDITION
LASTS,
SO THESE LIMITATIONS MAY NOT APPLY TO YOU
.
THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
,
AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at
any
time to charge fees for access to new
Content or new Services or to portions of the existing Content or Services, or the Services as a whole.
In addition, Third Party Providers 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
I
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND
AGENT FOR NOTICE
Sony respects the intellectual property rights of others, and
we
ask
you
to do the same. It is Sony's
policy, at its discretion as
appropriate,
(a) to terminate and/or disable the Content of Third Party
Providers or users of the Services
who
may infringe or repeatedly infringe the copyrights or other
intellectual property rights of Sony, its Third Party Providers or
others;
and/or (b) to forward reports of
intellectual property rights
violations
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 protected by copyright laws and international copyright
treaties,
as well as
other intellectual property laws and 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 the
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
Software,
the
Services,
or
the Content may violate copyright
laws,
trademark laws, the laws of privacy and
publicity,
and civil and
criminal
statutes.
All
right,
title
,
and interest in and to the Sony Software and the Content, and any and
all copies or portions thereof, are owned by
Sony,
its
licensors,
Third Party Licensors, suppliers and/or
Third Party
Providers.
All rights not
specifically
granted under this EULA are reserved by
Sony,
its
licensors,
Third Party
Licensors,
suppliers
and/or Third Party Providers.
You
are responsible for all
your
activities hereunder, including all legal liability incurred from access,
browsing,
or use of the Services by
you
or
by
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 not distribute, exchange, modify, sell, or transmit
anything
you
may copy from the Sony
Software,
the
Services,
or the Content, including but not limited
to any
data, text, software, likenesses,
photographs, 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
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 USER NAMES AND PASSWORDS ASSOCIATED WITH YOUR USE OF THE
SONY PRODUCT.
RESOLVING
DISPUTES;
ARBITRATION; SMALL CLAIMS 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 EU LA.
If a Dispute arises,
you
agree to first give notice to us by contacting Sony Electronics Inc. at 16530 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 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,
Sony Services & Content or this
EULA.
Dispute is to be given the broadest
employees,
information providers, licensors and
licensees, affiliates,
content
providers,
and direct and
indirect parent(s)
(collectively,
"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 or any
Indemnified Party
without
the prior written consent of Sony and/or Indemnified Party(s).
AUTOMATIC UPDATE FEATURE
I
MODIFICATION OF EULA AS TO SERVICES
From time to
time,
Sony 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 acceptance of such update or
modifications. Sony may add
to,
change
,
or remove any part, term, or condition of the EULA as it
applies to the Sony Software, the
Services,
and/or the Content at any time without prior notice to
you.
Any such
additions,
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 access 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 TERMS AND CONDITIONS OF THIS
EULA.
Sony may take
any legal and technical remedies to prevent
violation
of and/or to enforce this
EULA,
including,
without
limitation,
immediate termination of
your
access to the
Services,
if Sony believes in its discretion 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
machines,
or
weapons
systems,
in
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 LICENSORS, 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 may contain encryption technology. You acknowledge that any
export of Sony Software or the Content containing encryption technology from the United States or
subsequent re-export of 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 acknowledge 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 abide by all relevant U.S. export laws and regulations in
the purchase and use of the
Sony
product being
acquired,
including but not limited to those
regulations relating to the export control of cryptographic items and not to
transfer,
or authorize the
transfer,
of the
Sony
Software or the Content to a prohibited country or otherwise in violation of any
such restrictions or regulations.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided
with
RESTRICTED RIGHTS. Use, duplication or disclosure by the
United States Government is subject to restrictions as set forth 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., 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
This
EULA,
the limited
warranty
accompanying the
Sony Product,
Sony's then-current privacy
policy,
and
any
additional terms and conditions 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 hereunder may be made by
letter,
e-mail,
or posting on the
Services.
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 and each Third Party Provider 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,
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 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 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 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
wi
nning 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 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.
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 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.
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.
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 Agreement for which equitable relief (or
an equivalent type of urgent legal relief) is sought. You
agree
that any
violation
of or non-compliance
with
any term or condition 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,
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.
NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT
This product includes certain open
source
or other software originating from third parties that is
subject to the GNU General Public
License(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.neVProducts/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.
©
2016
Sony
Electronics
Inc.
All Rights Reserved.
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