Sony KDL-32L5000 User Manual

END USER LICENSE AGREEMENT

FOR CERTAIN SOFTWARE TO BE USED WITH YOUR SONY TELEVISION

4-138-171-11(1)

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 NON-INFRINGEMENT, 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.

SEVERABILITY If any part of this EULA is held invalid or unenforceable, the other parts will remain valid.

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 respect to the software of such party.

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 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.

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.

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

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.

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.

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.