Sony KDL-40W650D Notices and licenses for software used in this television - Page 7

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 ConsumerRelated 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 7