Sony DWT-P30 Operating Instructions Manual page 25

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., 16535 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
suspend your access or use of the SOFTWARE and/or
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
REASONABLE OR 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, if reasonably
possible, uninstall the SOFTWARE from the DEVICE and
delete any and all accounts you may have established on
DEVICE or are accessible through the SOFTWARE. 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., 16535 Via Esprillo, San Diego, CA
92127.
25