Sony KDL-55W800B - Manuel

END USER LICENSE AGREEMENT
CONTRAT DE LICENCE D’UTILISATION
FOR CERTAIN SOFTWARE AND SERVICE TO BE USED
WITH YOUR SONY PRODUCT
POUR CERTAINS LOGICIELS ET SERVICES DEVANT ÊTRE UTILISÉS AVEC VOTRE PRODUIT SONY
IMPORTANT – READ THIS AGREEMENT BEFORE USING YOUR SONY PRODUCT. USING YOUR
PRODUCT INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
If you do not agree to the terms of this EULA or Sony’s applicable privacy policy, as amended from
time to time by Sony in its discretion, Sony is unwilling to license the Sony Software (as defined
below) to you and unwilling to allow you to access the Sony Services & Content (as defined below),
and you should promptly contact Sony for instructions on the return of the entire Sony Product and
included Sony Software for a refund of the purchase price of the Sony Product.
This End User License Agreement (“EULA”) is a legal agreement between you and Sony Electronics
Inc. (“Sony”), the licensor of the software (other than the software which is governed by other
licenses as defined below, as “Excluded Software”) included in this Sony Product and related
materials which shall be collectively referred to as the “Sony Software.” This EULA covers the Sony
Software and that of Sony’s affiliates and third party licensors (“Third Party Licensors”) and
accompanying printed or online documentation. The Sony Software includes software in your Sony
Product, including updates or modified software, provided to you by Sony, whether stored on media
or downloaded to the Sony Product via any method, but not Excluded Software as defined below.
Note: This EULA contains a binding individual arbitration clause and class action waiver. If you
wish to opt out of these provisions, please follow the instructions in Section entitled “Resolving
Disputes; Arbitration; Small Claims Waiver” below.
This Sony Product also includes the Sony Entertainment Network feature which provides access to
selected content services (“Services”) from third party content providers including Sony entities
other than Sony Electronics Inc. (“Third Party Providers”) as a courtesy to you. The Sony
Entertainment Network feature also provides you access to selected Sony content services (“Sony
Content Services”), which services and related content (“Sony Content”) shall both be considered
Sony Software under this EULA. The Sony Entertainment Network feature requires an Internet
connection. Your ability to access the Services, and the quality of the Services presented, are subject
to your Internet provider’s service and terms as well as the broadband Internet connection speed you
use. Your ability to access the Services, and the quality of the Services presented, are subject to your
Internet provider’s service and terms. Video quality and picture size varies and is dependent upon the
speed of your broadband service from your Internet provider and delivery by the Third Party
Providers. The content, including but not limited to data, music, sound, audio, photographs, images,
graphics, likenesses, software, text, video, messages, tags, or other materials, provided by Third
Party Providers (“Content”) and the availability of the Services are at the sole discretion and under
the control of the Third Party Providers. The Content and Services of each Third Party Provider are
provided pursuant to the terms and conditions of that Third Party Provider. Premium Content may
require additional fees and/or registration with the Third Party Provider through a computer. The
Services and the Content may only be used for your own personal, private viewing, and shall not be
used for non-theatrical exhibition, or any viewing or exhibition for which (or in a venue in which) an
admission, access, or viewing fee is charged, or for any public exhibition or viewing. The Services
may be changed at any time and may be unavailable from time to time.
You understand, acknowledge and agree that access to certain Sony Product features, including but
not limited to your ability to access the Sony Content & Services, requires an Internet connection for
which you are solely responsible. You are solely responsible for payment of any third party fees
associated with your Internet connection, including but not limited to Internet service provider or
airtime charges. The quality of the Sony Content & Services presented is subject to your Internet
provider’s service and terms, and is also dependent upon the speed of your Internet service.
Operation of the Sony Product and Sony Software, and access to the Sony Content & Services, may
be limited or restricted depending on the capabilities, bandwidth or technical limitations of your
Internet connection and service. You understand, acknowledge and agree that Internet connectivity is
provided by third parties over which Sony has no control. The provision, quality, availability and
security of such Internet connectivity, software and services are the sole responsibility of such third
parties.
THE SONY SOFTWARE AND THE SERVICES MAY ALLOW SONY, THE THIRD PARTY PROVIDERS,
AND/OR OTHER THIRD PARTIES TO COLLECT DATA FROM, CONTROL, AND/OR MONITOR THE
SONY PRODUCT AND OTHER DEVICES RUNNING OR INTERACTING WITH THE SONY SOFTWARE.
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://www.sony.
net/Products/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 affiliates of Sony Corporation and/or third parties that you access may also
allow affiliates of Sony Corporation and/or third parties to collect data about you and/or about the use
of that service. Sony Corporation 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 (“Materials”),
including any selections, comments, data, questions, suggestions, or the like, all such Materials are,
and will be treated as, non-confidential and non-proprietary. 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, performed, 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.
TRANSMITTED 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 Windows Media digital rights management technology (“WMDRM”) to protect
their intellectual property, including copyrights. This Sony Product uses WMDRM software to access
WMDRM-protected Content. If the WMDRM software fails to protect the Content, Content owners may
ask Microsoft Corporation (“Microsoft”) to revoke the Service’s ability to use WMDRM to play or copy
protected Content. Revocation does not affect unprotected Content. If you download licenses for
protected Content, you agree that Microsoft may include a revocation list with the licenses. Content
owners may require you to upgrade WMDRM 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 Corporation 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
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)
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
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 SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT
ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR
OTHERWISE, OF ANY KIND. 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 WRITTEN 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 SOFTWARE, MEDIA ON WHICH THE 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.
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 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 Services 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 paid Content or Services for which such charges apply.
INTELLECTUAL PROPERTY / 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 its discretion as appropriate, (a) to terminate 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 Third Party Providers or others; and/or (b) to forward reports of
intellectual property rights violations to Third Party Providers and others for review and action per the
terms of such Third Party Provider’s procedures for protection of intellectual property rights. The Sony
Software and Content are protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. There may be proprietary logos, service marks,
trademarks, likenesses, and trade names found in 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 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 Party 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 activities 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 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 attempt 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 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 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/o Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA
92127; Facsimile (858) 942-1111; E-Mail [email protected]
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sony and all of its agents, directors, officers,
employees, information providers, licensors and licensees, 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 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 or any
Indemnified Party without the prior written consent of Sony and/or Indemnified Party(s).
AUTOMATIC UPDATE FEATURE / 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 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 Sony Entertainment Network
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, 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 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.
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 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 MATTERS 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 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 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.
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 party.
TERM
This EULA is effective until terminated. Sony may terminate this EULA immediately if you fail to comply
with its terms by giving 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.
DE-REGISTRATION OF YOUR DEVICE
Should you return your Sony Product to its place of purchase, transfer your Sony Product in
accordance with this EULA, or if this 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 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.
If a Dispute arises, you agree to first give notice to us by contacting Sony Electronics 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 negotiation procedure for Disputes enforcing, protecting, or concerning the
validity of intellectual property rights. “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. Dispute is to be given 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.
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 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 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 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 we
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.
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 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.
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.
Notwithstanding the foregoing to the contrary, either party may initiate litigation immediately with
respect to any matter arising out of or in connection with this Agreement for which equitable relief (or
an equivalent type of urgent legal relief) is sought. You agree that any violation of or non-compliance
with any term or condition this EULA by you will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Sony, its affiliates or third party licensors 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. 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 Public License(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 licenses, disclaimers and notices are reproduced in the menu in this product.
Source code for these executables and libraries can be obtained using the following link:
http://www.sony.net/Products/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.
© 2014 Sony Electronics Inc. All Rights Reserved.
4-489-007-13(2)
© 2014 Sony Electronics Inc. All Rights Reserved.
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