Sony ELF-SR1 Operating Instructions Manual page 44

constitute part of, the
SOFTWARE for purposes of this
EULA. By acceptance of this
EULA, you consent to such
update/modification.
FORCE MAJEURE
SONY shall not be liable for any
delay or failure to perform
resulting from causes outside its
reasonable control or any other
contingency beyond SONY's
control not herein enumerated,
including, but not limited to,
acts of God, war, epidemics,
pandemics, outbreaks,
terrorism, riots, embargos, acts
of civil or military authorities,
fire, floods, accidents, strikes or
shortages of transportation
facilities, fuel, energy, labor or
materials.
ENTIRE AGREEMENT, WAIVER,
SEVERABILITY
This EULA 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
22
GB
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 16535 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