Sony BDV-E870 Operating Instructions Manual page 86

6
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 Services, or the Content may violate
copyright 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
Third Pany Providers. All rights not specifically granted
under this EULA are reserved by Sony, its licensors, Third
Party Licensors, suppliers and/or Third Party Providers.
You are responsible for all your acti vities hereunder,
including all legal liability incurred from access, browsing,
or use of the Services by you or by others who use the
Services via your Sony Product or Account (as defined in
the User Account section). 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 business, commercial, or public purpose.
As long as you comply with the terms of this EULA, Sony
grants you a nonexclusive, nontransferable, limited right to
use the BRAVIA® Internet Video feature to access the
Services and the Content as set forth in this EULA. You
further agree not to interruptldisrupt or attempt to interrupti
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 Pany Provider for the panicular Service.
If you are unable to contact such Third Pany 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 written 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 propcrty owner, its agent, or the law; and (I) 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, clo Sony Electronics Inc.,
16530 Via Esprillo, San Diego, CA 92127; Facsimile (858)
942-9123; E-MaillPagent@am.sony.com.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sony
and all of its agents, directors, officers, employees,
information providers, licensors and ficensees, affiliates,
content providers, and direct and indirect parent(s)
(collectively, "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 Pany(s). You
and your counsel will cooperate as fully as reasonably
required by the Indemnified Pany(s) in defense or
settlement of any claim. Sony and/or Indemnified Pany(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 or any Indemnified Party without the prior written
consent of Sony and/or Indemnified Pany(s).
AUTOMATIC UPDATE FEATURE
I
MODIFICATION OF EULA AS
TO SERVICES
From time to time, Sony or third panies may automatically
update or otherwise modify the Sony Software, for
example, but not limited to, for purposes of error
correction, 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, including 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 update or modifications. Sony may add
to, change, or remove any part, term, or condition of the
EULA as it applies to the Sony Software, the Services, and/
or the Content at any time without prior notice to you. Any
such additions, changes, or removals or any terms posted
in the BRAVIA® Internet Video feature shall apply as
soon as they are posted. By continuing to access the
Services, the Sony Content Services, the Content, and/or
the Sony Content after so posted, you are indicating 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, ANDIOR 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 violation of and/or to
enforce this EULA, including, without limitation,
immediate termination of your access to the Services, if
Sony believes in its discretion 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 equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation 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.
I
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 containing 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 authorization 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 not intended for use by a foreign
government end user. By accepting this license agreement,
you agree to abide by all relevant U.S. export laws and
regulations in the purchase and use of the Sony Product
being acquired, including but not limited to those
regulations relating 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
othelWise in violation of any such restrictions or
regulations.
US GOVERNMENT RESTRICTED
RIGHTS
The Sony Software is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure hy 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 (I) year afler the claim or cause of
action arises.
ENTIRE AGREEMENT, NOTICE;
WAIVER, SEVERABILITY
This EULA, the limited warranty accompanying the Sony
Product, Sony's then-current privacy policy, and any
additional terms and conditions 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
right or provision of this EULA shall not constitute a
waiver of such right or provision. If any pan 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.
THIRD PARTY BENEFICIARIES
Each Third Party Licensor and each Third Party Provider
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, service, and content, as applicable,
of such pany.
EXCLUDED SOFTWARE
Excluded Software included in the Sony Product is not
subject to this EULA. Please refer to the section of this
booklet entitled "Notices and Licenses for Excluded
Software Used in this product" for a list of the applicable
software and terms and conditions governing the use of
such Excluded Software.
TERM
This EULA is effective until terminated. Sony may
terminate this EULA immediately if you fail to comply
with its terms by gi ving you notice. In such event, you must
destroy the Sony Software and accompanying
documentation, and all copies you have made of them. In
addition, upon termination you will have no recourse
against Sony, its affiliates, its Third Party Licensors, or its
Third Party Providers for your inability to use the Sony
Software or the accompanying documentation, the
Services, or the Content.
Should you have any questions concerning this EULA, you
may contact Sony by writing to Sony Electronics Inc.
16530 Via Esprillo, San Diego, California 92127 U.S.A.
Si
VOllS
avez des questions concernant ce CLU,
VOllS
pouvez communiquer avec S~:my en ecrivant ~ ~ony
Electronics Inc. A_16530 Via Esprillo, San Diego,
Californie 92127 E.-U.
7