IMPORTANT – READ THIS AGREEMENT BEFORE
USING YOUR SONY PRODUCT. USING YOUR
PRODUCT 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
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 third party licensors (“Third Party
Licensors”) and accompanying printed or online
documentation. The Sony Software includes
software in your Sony Product, other software,
including updates or modified software, provided
to you by Sony, whether stored on media or
downloaded to the Sony Product via any method.
This Sony Product also includes the BRAVIA®
Internet Video 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 BRAVIA®
Internet Video 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 BRAVIA® Internet
Video 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,
4-464-451-11 (1)
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 nontheatrical 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.
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. YOU HEREBY CONSENT TO SUCH
ACTIVITIES. YOU ALSO AGREE TO SONY’S
CURRENT PRIVACY POLICY THAT IS AVAILABLE
AT HTTP://PRODUCTS.SEL.SONY.COM/SEL/
LEGAL/PRIVACY.HTML. SUCH PRIVACY
POLICY MAY CHANGE FROM TIME TO TIME;
PLEASE CONSULT THE ABOVEMENTIONED
LINK FOR ANY UPDATES TO THE POLICY.
PLEASE CONTACT APPLICABLE THIRD PARTY
PROVIDERS OR OTHER THIRD PARTIES
FOR PRIVACY POLICIES RELATED TO THEIR
SERVICES. BY USING YOUR SONY PRODUCT,
YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA AND SONY’S PRIVACY POLICY. If
you do not agree to the terms of this EULA or
Sony’s privacy policy, as amended from time to
time by Sony in its discretion, Sony is unwilling to
license the Sony Software to you and unwilling to
allow you to access the Services, 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.
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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.
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.
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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 non-proprietary.
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.
DIGITAL RIGHTS MANAGEMENT
Content owners use Windows Media digital rights
management technology (“WMDRM”) to protect
their intellectual property, including copyrights.
This Sony Product uses WMDRM software
to access WMDRM-protected Content. If the
WMDRM software fails to protect the Content,
Content owners may ask Microsoft Corporation
(“Microsoft”) to revoke the Service’s ability to
use WMDRM to play or copy protected Content.
Revocation does not affect unprotected Content.
If you download licenses for protected Content,
you agree that Microsoft may include a revocation
list with the licenses. Content owners may require
you to upgrade WMDRM to access their Content.
If you decline an upgrade, you will not be able to
access Content that requires the upgrade.
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. You
also understand and agree that the use of the
BRAVIA® Internet Video feature may include
certain communications from Sony or Third
Party Providers such as service announcements,
administrative messages, newsletters, and the like
(“Service Communications”), and that you will
not be able to opt out of receiving such Service
Communications. SONY, ITS AFFILIATES, AND
ITS THIRD PARTY PROVIDERS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, AS TO
THE ACCURACY, LEGALITY, RELIABILITY, OR
VALIDITY OF ANY ADVERTISMENT, 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 BRAVIA®
INTERNET VIDEO 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,
INCLUDNG 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
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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.
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
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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 BRAVIA®
Internet Video 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)
942-9123; E-Mail IPagent@am.sony.com
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)
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(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 BRAVIA®
Internet Video 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
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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 252.2277013 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 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.
EXCLUDED SOFTWARE
Excluded Software included in the Sony Product
is not subject to this EULA. Please refer to the
section of this booklet entitled “NOTICES AND
LICENSES FOR SOFTWARE USED IN THIS
PRODUCT” 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, 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.
Should you have any questions concerning this
EULA, you may contact Sony by writing to Sony
Electronics Inc. 16530 Via Esprillo, San Diego,
California 92127 U.S.A.
7
NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT
GPL/LGPL LICENSED SOFTWARE
The following GPL executables and LGPL libraries are used
in this product and are subject to the GPL/ LGPL License
Agreements included as part of this documentation:
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,
8
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.
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.
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, 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.
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 machinereadable 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.
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.
5. You are not required to accept this License, since you have
not signed it. However, nothing else grants you permission to
modify or distribute the Program or its derivative works. These
actions are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any
work based on the Program), you indicate your acceptance
of this License to do so, and all its terms and conditions for
copying, distributing or modifying the Program or works
based on it.
6. Each time you redistribute the Program (or any work based
on the Program), the recipient automatically receives a license
from the original licensor to copy, distribute or modify the
Program subject to these terms and conditions. You may not
impose any further restrictions on the recipients’ exercise of
the rights granted herein. You are not responsible for enforcing
compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation
of patent infringement or for any other reason (not limited
to patent issues), conditions are imposed on you (whether
by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as to
satisfy simultaneously your obligations under this License and
9
any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the
Program by all those who receive copies directly or indirectly
through you, then the only way you could satisfy both it and
this License would be to refrain entirely from distribution of
the Program.
If any portion of this section is held invalid or unenforceable
under any particular circumstance, the balance of the section
is intended to apply and the section as a whole is intended
to apply in other circumstances. It is not the purpose of this
section to induce you to infringe any patents or other property
right claims or to contest validity of any such claims; this
section has the sole purpose of protecting the integrity of the
free software distribution system, which is implemented by
public license practices. Many people have made generous
contributions to the wide range of software distributed through
that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is
willing to distribute software through any other system and a
licensee cannot impose that choice.
This section is intended to make thoroughly clear what is
believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted
in certain countries either by patents or by copyrighted
interfaces, the original copyright holder who places the
Program under this License may add an explicit geographical
distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus
excluded. In such case, this License incorporates the limitation
as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or
new versions of the General Public License from time to time.
Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or
concerns.
Each version is given a distinguishing version number. If the
Program specifies a version number of this License which
applies to it and “any later version”, you have the option of
following the terms and conditions either of that version or of
any later version published by the Free Software Foundation.
If the Program does not specify a version number of this
License, you may choose any version ever published by the
Free Software Foundation.
10. If you wish to incorporate parts of the Program into other
free programs whose distribution conditions are different,
write to the author to ask for permission. For software which
is copyrighted by the Free Software Foundation, write to the
Free Software Foundation; we sometimes make exceptions for
this. Our decision will be guided by the two goals of preserving
the free status of all derivatives of our free software and of
promoting the sharing and reuse of software generally.
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE,
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
10
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW
OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING
ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE
OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the
greatest possible use to the public, the best way to achieve
this is to make it free software which everyone can redistribute
and change under these terms.
To do so, attach the following notices to the program. It is
safest to attach them to the start of each source file to most
effectively convey the exclusion of warranty; and each file
should have at least the “copyright” line and a pointer to where
the full notice is found.
<one line to give the program’s name and a brief idea of what
it does.> Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.
This program is distributed in the hope that it will be
useful, but WITHOUT ANY WARRANTY; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License
for more details.
You should have received a copy of the GNU General Public
License along with this program; if not, write to the Free
Software Foundation, Inc., 51 Franklin Street, Fifth Floor,
Boston, MA 02110-1301, USA.
Also add information on how to contact you by electronic and
paper mail.
If the program is interactive, make it output a short notice like
this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for
details type ‘show w’.
This is free software, and you are welcome to redistribute it
under certain conditions; type ‘show c’ for details.
The hypothetical commands ‘show w’ and ‘show c’ should
show the appropriate parts of the General Public License. Of
course, the commands you use may be called something other
than ‘show w’ and ‘show c’; they could even be mouse-clicks
or menu items--whatever suits your program.
You should also get your employer (if you work as a
programmer) or your school, if any, to sign a “copyright
disclaimer” for the program, if necessary. Here is a sample;
alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
program ‘Gnomovision’ (which makes passes at compilers)
written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating
your program into proprietary programs. If your program is a
subroutine library, you may consider it more useful to permit
linking proprietary applications with the library. If this is what
you want to do, use the GNU Library General Public License
instead of this License.
=================================================
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 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.
[This is the first released version of the Lesser GPL. It also
counts as the successor of the GNU Library Public License,
version 2, hence the version number 2.1.]
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General
Public Licenses are intended to guarantee your freedom to
share and change free software-to make sure the software is
free for all its users.
This license, the Lesser General Public License, applies
to some specially designated software packages-typically
libraries--of the Free Software Foundation and other authors
who decide to use it. You can use it too, but we suggest you
first think carefully about whether this license or the ordinary
General Public License is the better strategy to use in any
particular case, based on the explanations below.
When we speak of free software, we are referring to freedom
of use, 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 and use pieces of it in new free programs;
and that you are informed that you can do these things.
To protect your rights, we need to make restrictions that
forbid distributors to deny you these rights or to ask you to
surrender these rights. These restrictions translate to certain
responsibilities for you if you distribute copies of the library or
if you modify it.
For example, if you distribute copies of the library, whether
gratis or for a fee, you must give the recipients all the rights
that we gave you. You must make sure that they, too, receive
or can get the source code. If you link other code with
the library, you must provide complete object files to the
recipients, so that they can relink them with the library after
making changes to the library and recompiling it. And you
must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we
copyright the library, and (2) we offer you this license, which
gives you legal permission to copy, distribute and/or modify
the library.
To protect each distributor, we want to make it very clear that
there is no warranty for the free library. Also, if the library
is modified by someone else and passed on, the recipients
should know that what they have is not the original version,
so that the original author’s reputation will not be affected by
problems that might be introduced by others.
Finally, software patents pose a constant threat to the
existence of any free program. We wish to make sure that
a company cannot effectively restrict the users of a free
program by obtaining a restrictive license from a patent holder.
Therefore, we insist that any patent license obtained for a
version of the library must be consistent with the full freedom
of use specified in this license.
Most GNU software, including some libraries, is covered by the
ordinary GNU General Public License. This license, the GNU
Lesser General Public License, applies to certain designated
libraries, and is quite different from the ordinary General
Public License. We use this license for certain libraries in order
to permit linking those libraries into non-free programs.
When a program is linked with a library, whether statically or
using a shared library, the combination of the two is legally
speaking a combined work, a derivative of the original library.
The ordinary General Public License therefore permits such
linking only if the entire combination fits its criteria of freedom.
The Lesser General Public License permits more lax criteria for
linking other code with the library.
We call this license the “Lesser” General Public License
because it does Less to protect the user’s freedom than the
ordinary General Public License. It also provides other free
software developers Less of an advantage over competing
non-free programs. These disadvantages are the reason we
use the ordinary General Public License for many libraries.
However, the Lesser license provides advantages in certain
special circumstances.
For example, on rare occasions, there may be a special need
to encourage the widest possible use of a certain library, so
that it becomes a de-facto standard. To achieve this, non-free
programs must be allowed to use the library. A more frequent
case is that a free library does the same job as widely used
non-free libraries. In this case, there is little to gain by limiting
the free library to free software only, so we use the Lesser
General Public License.
In other cases, permission to use a particular library in nonfree programs enables a greater number of people to use a
large body of free software. For example, permission to use
the GNU C Library in non-free programs enables many more
people to use the whole GNU operating system, as well as its
variant, the GNU/Linux operating system.
Although the Lesser General Public License is Less protective
of the users’ freedom, it does ensure that the user of a
program that is linked with the Library has the freedom and
the wherewithal to run that program using a modified version
of the Library.
11
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