Sony BDV-E570 End User Lincense Agreement for Software - Page 4

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 BRAVIA® Internet Video 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) 942-9123; 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 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, 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. 4