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SOFTWARE LICENSE
You cannot use the Sony Software except as specified herein. The Sony Software is
licensed,
not
sold.
Sony
and its Third Party Licensors grant you
a
limited license to use the
Sony
Software only on the Sony Product.
The Sony Software may create data files automatically for use with the Sony Software, and you agree that
any such
data files are deemed to be a part of the Sony Software. The
Sony
Software is licensed as a single
product,
and
you
may not separate its component parts for use on more than one device unless expressly
authorized by Sony.
You
agree not to
modify,
reverse engineer, decompile or disassemble the Sony Software
in whole or in part or to use the Sony Software in
whole
or in part for any purpose other than allowed under
this
EULA.
In
addition, you
may not
rent,
lease, sublicense, or
sell
the Sony Software, but
you
may transfer
all of your rights under this EULA only
as
part of a sale or transfer of the Sony Product provided
you
retain
no copies, transfer all of the Sony Software
(including
all copies, component parts, any media, printed
materials,
all
versions
and
any
upgrades of the Sony Software, and this EULA), and the recipient
agrees
to
the terms of this EULA. Sony and its Third Party Licensors retain all rights that this EULA does not expressly
grant to
you.
You shall not
(a)
bypass, modify, defeat, or circumvent any of the functions or protections of
the Sony Software or any mechanisms operatively linked to the Sony
Software;
or (b) remove, alter, cover,
or deface any trademarks or notices on the Sony
Software.
You
understand,
acknowledge, and agree that
the
software,
network services, or other products other than the Sony Software upon
which
the Sony
Software's performance may depend might be interrupted or discontinued at the discretion of the suppliers
(software
suppliers,
service
providers, Third Party Providers, etc.) or
Sony.
EXCLUDED SOFTWARE
Notwithstanding the foregoing limited license
grant,
you acknowledge that the Sony Product includes
software subject to other terms
and
conditions governing the use of such software other than this EULA
("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. Terms and conditions applicable to Open Source Components are
provided to
you
together
with
this EULA and/or stored in
your
Device
which
may include but are not limited
to the
"Help"
or
"About"
menus. Please
visit
http://oss.sony.neVProducts/Linux for a list of applicable
Excluded Software included in this Sony Product 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 Open Source
Components,
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 Open Source Components prohibit any of the restrictions in this EULA
with
respect to such Open Source
Components, such restrictions
will
not apply to such Open Source Component. 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.
USER ACCOUNT
As part of the agreement to allow
you
to
access,
browse, or use the Services and the Content, Third Party
Providers and/or other third parties may require that you establish a user account ("Account") for
which you
must provide them
with
true,
accurate,
current,
and
complete information
about yourself and
maintain/
promptly update such information. You are responsible for maintaining the confidentiality of any and all of
your
passwords associated
with
any such Account.
DATA COLLECTION
Any Services provided
by
Third Party Providers that you access may also allow Third Party Providersto
collect data about
you
and/or about the use of that Service. Sony does not control and is not in any
way
liable for such data
collection and you
should consult the relevant privacy policy for each
such
Service
before using it.
SONY'S RIGHTS TO USER'S MATERIAL
If
you
send any communications or materials to Sony by electronic mail or otherwise including any
selections,
comments,
data,
questions,
suggestions,
or the like ("Materials"), all such Materials are, and
will
be treated
as,
non-confidential
and
non-proprietary
(except
as expressly provided for in the
applicable
privacy policy).
Thus,
you give up any
claim
that use of such Materials
violates
any of
your
rights including
moral rights, privacy
rights,
proprietary or other property
rights,
rights of
publicity,
rights to credit for
material or
ideas,
or
any
other
right,
including the right to approve the
way
Sony uses
such
Materials. Any
Material may be adapted, broadcast, changed, copied, disclosed,
licensed,
pertormed
,
posted
,
published
,
sold, transmitted,
or used by Sony anywhere in the world, in any medium, forever and without attribution or
compensation to
you.
Furthermore,
you
hereby assign all
right, title,
and interest in, and Sony is free to use,
without any compensation to you
,
any
ideas,
know-how,
concepts,
techniques,
or other intellectual property
rights contained in the
Materials,
whether or not patentable, for any purpose
whatsoever,
including but not
limited to
developing,
manufacturing, having
manufactured,
licensing, marketing, and selling products using
such Materials.
However,
you agree and understand that Sony is not obligated to use any such ideas,
know-how,
concepts,
or techniques or Materials, and
you
have no right to compel such use.
TRANSMITIED MATERIAL
Internet transmissions are never
completely
private or
secure.
You understand that any message or
information
you send
to Sony may be read or intercepted by
others,
unless there is a special notice that a
particular message (for
example,
credit card information) is encrypted (sent in code). Sending a message to
Sony
does not cause Sony to have
any
special responsibility to
you.
DIGITAL RIGHTS MANAGEMENT
Content owners use Microsoft Play
Ready'"
content access technology ("PiayReady") to protect their
intellectual
property,
including copyrighted content. This Sony Product uses PlayReady technology to
access
PlayReady-protected Content and/or WMDRM-protected Content ("WMDRM" means
Microsoft
Windows Media digital rights management
technology).
If this Sony Product fails to properly enforce
restrictions on the Content usage, Content owners may require Microsoft Corporation ("Microsoft") to
revoke this Sony Product's
ability
to consume PlayReady-protected Content. Revocation should not affect
unprotected Content or Content protected by other content access
technologies.
Content owners may
require
you
to upgrade PlayReady to access their Content. If you decline an
upgrade,
you will
not be able to
access
Content that requires the upgrade.
DIGITAL RIGHTS MANAGEMENT
(Widevine DRM)
Content owners use Widevine DRM content access technology to protect their intellectual
property,
including
copyrighted content.
This Sony Product uses Widevine DRM
technology
to access Widevine DAM-protected
Content. If the Sony Product fails to properly enforce restrictions on Content usage, Content owners may
require Widevine Technologies (a Google company) to revoke this Sony Product's ability to consume
Widevine DAM-protected Content. Revocation should not affect unprotected Content or Content protected by
other content access
technologies.
Content owners
may
require
you
to upgrade Widevine DRM to access
their Content. If you decline an
upgrade,
you will
not be able to access content that requires the upgrade.
DIGITAL RIGHTS MANAGEMENT
(Marlin Broadband DAM)
Content
owners
use Marlin Broadband DRM
content
access technology to protect their intellectual
property,
including copyrighted content. This Sony Product uses Marlin Broadband DRM technology to access Marlin
Broadband DAM-protected Content. If the Sony Product fails to properly enforce restrictions on Content
usage, Content owners may require Marlin Trust Management Organization to revoke this Sony Product's
ability to consume Marlin Broadband DAM-protected Content. Revocation should not affect unprotected
Content or Content protected by other content access technologies. Content owners may require
you
to
upgrade Marlin Broadband DRM to
access
their Content. If
you
decline an
upgrade,
you
will
not be able to
access
content
that requires the upgrade.
ADVERTISEMENTS, SERVICE COMMUNICATIONS
Inclusion of the Service of a Third Party Provider does not mean that Sony approves of, or endorses, or
recommends that Third Party Provider or its Content. You understand
and
agree that the Services and/or
Content may include advertisements ("Advertisements"), and that these Advertisements are necessary in
order for the Services to be provided. If you use the Sony Entertainment Network service, the SEN and/or
PSN Terms of Use/Service and the SEN and/or PSN Privacy Policy for
your
country
will apply
and
you
will
be required to agree to them. You understand and agree that use of that service (and other services available
through it) as
well
as other services than those provided by Sony Entertainment Network may result in you
receiving or being shown recommendations and/or advertisements, service announcements,
administrative
messages, news updates and the like
which
Sony is not responsible nor liable
for.
SONY, ITS AFFILIATES,
AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED,
AS TO THE
ACCURACY,
LEGALITY, RELIABILITY, OR VALIDITY OF ANY ADVERTISEMENT, SERVICE
COMMUNICATIONS,
OR CONTENT, AS WELL AS ANY LIABILITY ARISING UNDER ANY THEORY OF LAW
FOR THE ADVERTISEMENTS, SERVICE COMMUNICATIONS, AND CONTENT.
OBJECTIONABLE CONTENT AND RULES FOR MINORS (UNDER AGE 16)
Certain Content may not be suitable for minors or other
users.
Such Content may or may not be rated or
identified as having explicit
language,
or otherwise being for a mature audience.
Therefore,
you:
(i) e-mail
Sony
via
the
Service:
(ii)
send
in
any
information: (iii)
enter
any contest or game that requires information
about you or offers a prize; (iv) join any
club
or group;
(v)
post any information on any bulletin board or
enter any chatroom: or (vi) buy anything online.
EXCLUSION OF WARRANTY
SONY,
ITS AFFILIATES, ITS THIRD PARTY LICENSORS
,
AND ITS THIRD PARTY PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES AND
CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR
PURPOSE. SONY,
ITS AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT THAT THE SONY SOFTWARE OR ACCOMPANYING DOCUMENTATION, THE
SERVICES, OR THE CONTENT WILL MEET
YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE
SONY SOFTWARE, THE SERVICES, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
FURTHERMORE, SONY, ITS
AFFILIATES,
ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY
PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SONY
SOFTWARE,
THE SERVICES OR THE CONTENT IN
TERMS OF ITS
CORRECTNESS,
ACCURACY,
RELIABILITY OR
OTHERWISE.
NO ORAL OR WRITIEN
INFORMATION OR ADVICE GIVEN BY
SONY,
ITS AFFILIATES, OR A SONY AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR
CONDITION,
OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY
AND CONDITION. SHOULD THE SONY
SOFTWARE,
MEDIA ON WHICH THE SONY SOFTWARE IS
FURNISHED, DOCUMENTATION,
THE
SERVICES,
OR THE CONTENT PROVE DEFECTIVE, YOU (AND NOT
SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
YOU
UNDERSTAND,
ACKNOWLEDGE, AND AGREE THAT THE CONTENT AND SERVICES ARE PROVIDED BY
THIRD PARTY PROVIDERS AND/OR SOFTWARE IS PROVIDED BY THIRD PARTIES OVER WHICH SONY
HAS NO CONTROL. THE SELECTION, PROVISION,
QUALITY,
PICTURE SIZE, AND AVAILABILITY OF SUCH
CONTENT AND/OR SOFTWARE ARE THE SOLE RESPONSIBILITY OF SUCH THIRD PARTY PROVIDER OR
OTHER THIRD PARTY. YOU AGREE TO COMPLY WITH ANY AND ALL TERMS AND CONDITIONS THAT THE
THIRD PARTY PROVIDERS MAY SET FOR ITS SERVICE, CONTENT AND/OR SOFTWARE. YOU FURTHER
UNDERSTAND,
ACKNOWLEDGE,
AND AGREE THAT ACCESS, BROWSING, AND USAGE OF THE SERVICES
REQUIRES INTERNET SERVICE PROVIDED BY
YOU,
AND FOR WHICH YOU ARE SOLELY RESPONSIBLE,
INCLUDING BUT NOT LIMITED TO THE PAYMENT OF ANY THIRD PARTY FEES (SUCH AS INTERNET
SERVICE PROVIDER OR AIRTIME CHARGES) FOR SUCH ACCESS AND FOR DISPLAY OR DELIVERY OF
ADVERTISEMENTS INCLUDED WITH THE SERVICES. OPERATION OF THE SONY ENTERTAINMENT
NETWORK FEATURE AND THE SERVICE MAY BE LIMITED OR RESTRICTED DEPENDING ON THE
CAPABILITIES, BANDWIDTH OR TECHNICAL LIMITATIONS OF
YOUR
INTERNET SERVICE. SONY, ITS
AFFILIATES, AND ITS THIRD PARTY PROVIDERS SHALL HAVE NO RESPONSIBILITY FOR THE
TIMELINESS,
DELETION
,
MIS- DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
PERSONALIZED SETIINGS.
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE
FURNISHED TO YOU "AS
IS"
AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR
ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK AND THAT SONY HAS NO
LIABILITY TO YOU FOR THE CONTENT, INCLUDING ANY CONTENT THAT MAY BE
OFFENSIVE.
YOU ARE
RESPONSIBLE FOR SUPERVISING THE USE OF THE SONY PRODUCT, THE SONY
SOFTWARE,
EXCLUDED
SOFTWARE, THE SERVICES, AND THE CONTENT BY ANY MINOR. IF YOU ARE UNDER THE AGE OF
16,
YOU
SHOULD ASK
YOUR
PARENT(S) OR A GUARDIAN BEFORE YOU:
(I)
TERMS OF THIS EULA, SONY
GRANTS YOU A
NONEXCLUSIVE,
NONTRANSFERABLE, LIMITED RIGHT TO USE THE SONY
ENTERTAINMENT NETWORK FEATURE TO ACCESS THE SERVICES AND THE CONTENT AS SET FORTH IN
THIS EULA.
YOU
FURTHER AGREE NOT TO INTERRUPT/DISRUPT OR ATIEMPT TO INTERRUPT/DISRUPT
THE OPERATION OF THE SONY
SOFTWARE,
THE SERVICE OR THE CONTENT IN ANY WAY.
IF YOU BELIEVE YOUR WORK HAS BEEN COPIED IN A WAY THAT CONSTITUTES COPYRIGHT
INFRINGEMENT, OR THAT YOUR INTELLECTUAL PROPERTY RIGHTS HAVE OTHERWISE BEEN
VIOLATED,
PLEASE FIRST CONTACT THE THIRD PARTY PROVIDER FOR THE PARTICULAR
SERVICE.
IF YOU ARE
UNABLE TO CONTACT SUCH THIRD PARTY
PROVIDER,
OR THE CONTENT AT ISSUE IS SONY'S, YOU MAY
CONTACT SONY'S INTELLECTUAL PROPERTY AGENT (LISTED BELOW) WITH THE FOLLOWING
INFORMATION IN A WRITIEN NOTICE: (A) AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON
AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INTEREST;
(B) A DESCRIPTION OF THE COPYRIGHTED WORK OR OTHER INTELLECTUAL PROPERTY THAT YOU
CLAIM HAS BEEN
INFRINGED;
(C)
A DESCRIPTION OF THE PARTICULAR SERVICE AND WHERE THE
MATERIAL THAT YOU CLAIM IS INFRINGING IS LOCATED ON SUCH
SERVICE,
WITH ENOUGH DETAIL
THAT WE MAY FIND THE
MATERIAL;
(D) YOUR
ADDRESS,
TELEPHONE
NUMBER,
AND E-MAIL ADDRESS;
(E) A STATEMENT BY YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT
AUTHORIZED BY THE COPYRIGHT OR INTELLECTUAL PROPERTY
OWNER,
ITS AGENT, OR THE
LAW;
AND
(F) A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE INFORMATION IN
YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OR INTELLECTUAL PROPERTY
OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OR INTELLECTUAL PROPERTY OWNER'S BEHALF.
SONY'S AGENT FOR NOTICE OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT
INFRINGEMENT IS AS
FOLLOWS:
INTELLECTUAL PROPERTY
AGENT,
C/0 SONY ELECTRONICS
INC.,
16530 VIA ESPRILLO,
SAN DIEGO, CA 92127; FACSIMILE
(858)
942-1111; E-MAIL IPagent@am.sony.com
INDEMNIFICATION
You
agree to
indemnify, defend,
and hold harmless
Sony
and all of its agents,
directors,
officers,
employees,
information
providors,
licensors and licensees,
affiliates,
content
providers,
and direct and indirect parent(s)
(collectively,
"the
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 and/or any Indemnified Party without the prior
written consent
of Sony and/or
Indemnified Party(s)
.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO
THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS)
,
ITS AFFILIATES, ITS THIRD PARTY
LICENSORS OR ITS THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OF ANY
KIND,
INCLUDING BUT
NOT LIMITED TO
COMPENSATION,
REIMBURSEMENT OR DAMAGES IN CONNECTION WITH
,
ARISING
OUT OF OR RELATING TO THIS EULA, ON ACCOUNT OF THE LOSS OF USE OF THE SONY PRODUCT,
DOCUMENTATION, THE SERVICES, THE
CONTENT,
DOWN TIME AND YOUR
TIME,
LOSS OF PRESENT OR
PROSPECTIVE
PROFITS,
LOSS OF DATA, INFORMATION OF ANY
KIND,
BUSINESS PROFITS, OR OTHER
COMMERCIAL
LOSS,
OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF
SONY,
ITS AFFILIATES, ITS
THIRD PARTY
LICENSORS,
OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE
SERVICES,
AND THE CONTENT ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS
AFFILIATES,
ITS
THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES FOR
BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION
,
BREACH OF
CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY
SOFTWARE,
THE SERVICES, THE CONTENT, OR THIS EULA.
Some jurisdictions may not
allow
exclusions or limitations of incidental or consequential damages,
exclusions or limitations of implied
warranties
or conditions, or allow limitations on how long
an
implied
warranty
lasts,
so
the above limitations or exclusions may not apply to
you.
LIMITED WARRANTY ON MEDIA
In situations
where
the Sony Software or any part thereof is furnished on
media,
Sony
warrants
that for a
period of ninety (90) days from the date of its delivery to you, the media on which the Sony Software is
furnished to
you will
be free from defects in materials and
workmanship
under normal use. This limited
warranty
extends only to you as the original licensee.
Sony's
entire liability and
your
exclusive remedy will
be replacement of the media not meeting Sony's limited warranty. ANY IMPLIED WARRANTIES OR
CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO
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