Sony FMP-X10 End User license Agreement (software & services) - Page 1

END USER LICENSE AGREEMENT FOR CERTAIN SOFTWARE AND SERVICE TO BE USED WITH YOUR SONY PRODUCT 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. © 2014 Sony Corporation Printed in Japan 4-543-795-11(1) 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 nonproprietary. 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. 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.