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NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED 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 Serv1ces 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 pa1d Content or Serv1ces 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 1ts d1scret1on as appropnate, (a) to term mate 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 Th1rd
Party
Providers or
others;
and/or (b) to forward reports of intellectual property rights
VIOlation~
to Third Party Providers and others for
review
and action per the terms of such Third Party
Prov1der s procedures for proteciiOn of mtellectual property
rights.
The
Sony
Software and Content are
protected by copyright laws and international
cop~
right
treaties,
as well as other intellectual property laws
and treat1es. There may be propnetary
logos,
serv1ce
marks,
trademarks,
likenesses,
and trade names found
10
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
Serv1ces,
or the Content may VIolate copynght
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 Th1rd Party
Pro~1ders.
All nghts not specifically granted under this EULA are reserved by
Sony, 1ts
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,
browsmg,
or use of the Services by you or bX others who use the Services via your
Sony
Product or
Account (as defmed
10
the User Account
sect1on).
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
busmess, commerc1al,
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
w1th th1s EULA, or 1f th1s 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 USERNAMES AND
PASSWORDS ASSOCIATED WITH YOUR USE OF THE SONY PRODUCT.
RESOLVING
DISPUTES;
ARBITRATION; SMALL CLAIMS; JURY TRIAL
WAIVER;
CLASS ACTION 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 EULA.
For purposes of this
EULA,
"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. If a Dispute
arises,
you agree to first
g1ve not1ce to us
by
contactmg Sony Electromcs 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
negot1at1on procedure for Disputes enforcing
,
protecting
,
or concerning the validity of intellectual
property nghts. Dispute IS to be g1ven the broadest 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 ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION
RULES,
AND THE SUPPLEMENTARY PROCEEDINGS FOR CONSUMER-RELATED DISPUTES WHEN
APPLICABLE,
AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN
ANY COURT HAVING JURISDICTION THEREOF.
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
a~plicable
("Rules") of the AAA in effect when the claim is filed. You
may
get a copy of AAA's
Rules by contactmg AAA at (800) 778-7879 or visiting www.adr.org
.
The filing fees to begin and carry out
arbitration w1ll 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 add1t10nal admm1strat1ve fees and expenses. This does not prohibit the arbitrator from giving the winning
party the1r fees and expenses of the arb1trat1onwhen appropriate pursuant to the Rules. Unless you and we
agree
differently,
the arb1trat1on Will take place 1n 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 arbltraiiOn Itself and not any state
law
on arbitration. The arbitrator's decision will be binding and
fmal,.
except for a limited nght of appeal under the Federal Arbitration Act. The arbitrator may award relief
only l
,
n favor of the party seekmg rehef, and on
I~
to the extent necessary to provide relief warranted by that
party s 1nd1v1dual clam Any court w1th JUriSdiction
over
the part1es 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 mall wntten not1ce to the address provided in this section 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
1n the Umted States 01stnct Court for the Southern District of California.
Notwithstandinp the foregoing to the
contrary,
either party may.initiatelitigation
immediately
with respect to
any matter ansmg out of or 1n connection w1th th1s EULAfor wh1ch eqUitable relief (or an equivalent type of
urgent legal rehef) IS sought. You agree that any violation of or non-compliance with
any
term or condition of
this EULA by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to
Sony, its
employees,
directors,
ofticers,
agents,
affiliates,
subsidiaries,
third party providers, third party
hcensors, th1rd party
hcensees,
content providers, and direct and indirect parent(s) for which monetary
damages would be
madequate,
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. THE PARTIES HERETO WAIVE TRIAL BY
JURY WITH RESPECT TO ANY MATIERS ARISING UNDER OR RELATING TO THIS EULA. Any claim or cause
of action related to or arising out of your purchase or use of the Sony
Product, Sony Software,
Sony Content &
Serv1ces or th1s EULA must be commenced w1thm one (1) year after the claim or cause of action arises.
YOU AGREE TO BRING ANY DISPUTES GOVERNED BY THIS EULA IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A
PLAINTIFF,
CLASS
MEMBER,
OR REPRESENTATIVE IN ANY PURPORTED CLASS OR
REPRESENTATIVE
ACTION.
YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE
OR CLASS ACTION
.
YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
INDIVIDUAL'S
CLAIMS,
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR
CLASS ACTION PROCEEDING. THE ARBITRATOR SHALL DECIDE ALL OTHER ISSUES OF
ARBITRABILITY.
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 hm1ted
to,
for purposes of error correct1on
,
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,
mcludmg 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
~pdate
or modifications.
Sony
may add
to, change,
or remove any part,
term,
or cond111on of the EULA as 11 apphes to the Sony Software, the Services, and/or the Content at any time
W
ithout pnor not1ce to
you. Any
such add1t1ons,
changes,
or removals or any terms posted in the Sony
Entertamment 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
1nd1cat1ng 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
V
IOlation of and/or to enforce thiS EULA, including, without limitation, immediate termination of your access to
the Serv1ces, 1f Sony beheves 1n 1ts d1scre110n 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 equipmentin hazardous environments requiring fail-safe
performance,
such as in the
operation of nuclear
fac1hl1eS,
a1rcraft nav1gat1on 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 contammg 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
authonzat1on 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 notmtended for use by a fore1gn government end user. By accepting this license
agreement,
you
agree to ab1de by all relevant U.S.
ex~ort
laws and regulations in the purchase and use of the Sony product
bemg acqu1red, mcludmg but not hm1ted to those regulations relatmg 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 52.227
19,
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 MATIERS 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
wa~ranty
accompanying the Sony
Product,
Sony's then-current
privacy
policy, and any
add111onal terms and cond1!1ons 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 nght or prov1s1on of th1s EULA shall not constitute a waiver of such right or provision. If any part
of th1s EULA IS held
1nvahd,
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
ex~ress
intended third-party beneficiary
of,
and shall have the nght to
enforce,
each prov1s1on of th1s EULA w1th 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 g1vmg you not1ce .. ln such
event,
you must destroy the Sony Software and accompanying
doc.
u mentat1on, and all cop1es you have made of them. In
addition,
upon termination you will have no recourse
agamst Sony, 1ts
aff1hates,
1ts 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.
II will be administered in keeping with the E xpedited
Procedures of the Commercial ArbltraiiOn
Rules,
and the Supplementary Proceedings for Consumer-Related
disputes when applicable ("Rules") of the American Arbitration Association ("AAA") in effect when the claim
IS
flied.
You may get a copy of AAA's Rules by contacting AAA at (800) 778-7879 or visiting www.adr.org.
The f1hng 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 wh1ch pomt Sony Will cover all add1!1onal adm1mstrat1ve fees and
expenses.
This does not prohibit
the arbitrator from g1vmg the wmnmg party the1r fees and expenses of the arbitration when appropriate
pursuant to the Ryles. Unlessyou and we agree
differently,
the arbitration will take place in the county and
state where you hve, and applicable federal or state law shall govern the substance of any Dispute. The
FederaiArb1trat1on
Act,
9 ,U.S.G
.
~
1,
et seq.,
~iU
govern the arbitration itself and not any state law on
arbltrat1on
.
The arbitrators dec1s1on w1ll be bmdmg and
fmal,
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
seek1ng relief, and.
only
to the extent necessary to provide relief warranted by that party's individual claim.
Any
court w1th JUriSdiCIIOn
over
the part1es 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 IUnsdiCIIon and all other requirements (including amount in controversy) are satisfied.
Des~ite
anything to !he contrary in this EULA, you may reject changes made to the binding arbitration
prov1s1on
1f:
(1) you
ve
already begun authonzed 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
prev1ously
agreed to and ex1st1ng 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
e1ther party in a court of competent jurisdiction in either the Superior Court for the County of San Diego or
10
the Umted States D1stnct Court for the Southern District of California.
Notwithstanding the foregoing to the contrary, either party may initiate litigation immediately with respect to
any matter ansmg out of or
10
connection w1th lh1s Agreement for which equitable relief (or an equivalent
type of urgent legal rehef) IS sought. You agree that any VIolation of or non-compliance with any term or
cond111on th1s EULA by
yo~
Will constitute an unlawful and unfair business
practice,
and will cause
Irreparable harm to
Sony,
1ts aff1hates or third party licensors for which monetary damages would be
madequate, and you consent to Sony obtaining any injunctive or equitable relief that Sony deems necessary
or appropnate
10
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 Pubhc Llcense(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
hcenses,
d1scla1mers and not1ces 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.
NOTIFICATION OF MP3
MPEG Layer-3 audio coding technology and patents licensed from Fraunhofer liS and
Thomson.
©
2018 Sony Electronics Inc. All Rights Reserved.
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