Sony KDL-46BX450 End User License Agreement - Page 1

4-423-597-11(1) END USER LICENSE AGREEMENT FOR CERTAIN SOFTWARE TO BE USED WITH YOUR SONY TELEVISION IMPORTANT - READ THIS AGREEMENT BEFORE USING YOUR SONY TELEVISION. USING YOUR TELEVISION INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. 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 indicated below, the "Excluded Software") included in this Sony Television and related materials which shall be referred to as the Sony Software. This EULA covers the Sony Software and that of Sony's third party licensors ("Third Party Licensors") and accompanying printed or online documentation. The Sony Software includes software in your Sony Television, other software, including updates or modified software, provided to you by Sony, whether stored on media, or downloaded to the Sony Television via any method. By using your Sony Television, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Sony is unwilling to license the Sony Software to you, and you should promptly contact Sony for instructions on the return of the entire Sony Television and included Sony Software for a refund of the purchase price of the Sony Television. SOFTWARE LICENSE 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 Television. 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 transfer all of your rights under this EULA only as part of a sale or transfer of the Sony Television 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. COPYRIGHT The Sony Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyright in and to the Sony Software, and all copies of the Sony Software, are owned by Sony or its Third Party Licensors. EXCLUSION OF WARRANTY THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. SONY AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SONY AND ITS THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SONY SOFTWARE OR THE ACCOMPANYING DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SONY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, SONY AND ITS THIRD PARTY LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. LIMITATION OF LIABILITY IN NO EVENT WILL SONY OR ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF USE OF THE SONY TELEVISION, DOWN TIME AND YOUR TIME, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SONY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY AND ITS THIRD PARTY LICENSORS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE. Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, 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 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. AUTOMATIC UPDATE FEATURE 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. SOFTWARE DATA COLLECTION AND MONITORING The Sony Software contains features which may allow Sony and/or third parties to collect data from, control and/or monitor the Sony Television and other devices running or interacting with the Sony Software. You hereby consent to such activities. Sony's current privacy policy is located at http://products.sel.sony.com/SEL/legal/privacy.pdf. Please contact applicable third parties for privacy policies related to their software and services. respect to the software of such party. EXCLUDED SOFTWARE Excluded Software included in the Sony Television is not subject to this EULA. Please refer to the paragraph titled "Notices and Licenses for Excluded Software Used in this Television" for a list of the applicable software and terms and conditions governing the use of such Excluded Software. 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. 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 or its licensors for your inability to use the Sony Software or the accompanying documentation. NOTICES AND LICENSES FOR EXCLUDED SOFTWARE USED IN THIS TELEVISION RESTRICTIONS ON EXPORT OF ENCRYPTION TECHNOLOGY The Sony Software may contain encryption technology. You acknowledge that any export of Sony Software 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 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 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. GOVERNING LAW, VENUE, JURY TRIAL WAIVER This EULA will be governed by the laws of the State of California, United States of America, without regards to its conflicts of laws provision. Any dispute arising out of this EULA shall be subject to the exclusive venue of the state and federal courts of San Diego County, California, and the parties hereby consent to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. FREETYPE2 SOFTWARE Portions of this software are copyrighted © 1996-2002, 2006 The FreeType Product (www.freetype.org). All rights reserved. THE FREETYPE PROJECT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO USE, OF THE FREETYPE PROJECT. ZLIB SOFTWARE Copyright © 1995-2005 Jean-loup Gailly and Mark Adler. THIS SOFTWARE IS PROVIDED "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN NO EVENT WILL THE AUTHORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SOFTWARE. UNICODE SOFTWARE Copyright © 1995-2009 International Business Machines Corporation and others. All rights reserved. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. SEVERABILITY If any part of this EULA is held invalid or unenforceable, the other parts will remain valid. INDEPENDENT JPEG GROUP SOFTWARE The module, libjpeg is the work of the Independent JPEG Group. © copyright 1991-1998, Thomas G. Lane. All rights reserved. THIRD PARTY BENEFICIARIES Each Third Party Licensor is an express intended third-party beneficiary of, and shall have the right to enforce, each provision of this EULA with Notification of MPEG-4 Visual THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/ OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM Notification of MPEG-4 AVC THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM Notification of VC-1 THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD ("VC-1 VIDEO") AND/OR (ii) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/ OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT GPL LICENSED SOFTWARE The following GPL executables are used in this product and are subject to the GPL License Agreements included as part of this documentation: GPL LIBRARIES: NTFS-3G Source code for these executables and libraries, as well as other executables and libraries, can be obtained using the following link: http://www.sony.net/Products/Linux/ GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software-to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.