Sony FMP-X10 End User license Agreement (software & services) - Page 2

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 thirdparty 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. 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.