Sony STR-DN840 Operating Instructions Manual page 129

of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute
part of, the SOFTWARE for purposes of this EULA. By acceptance of this EULA, you consent to such
update/modification.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SONY's privacy policy, each 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
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 16530 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.
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