Sony SRS-RA3000 Owner's Manual

Wireless Speaker
Precautions/Specifications
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Enceinte sans fil Altavoz inalámbrico
SRS-RA3000
Précautions/Caractéristiques
FR
ES
Owner’s Record
The model and serial numbers are located on the bottom of the Wireless Speaker. Record the serial numbers in the space provided below. Refer to them whenever you call upon your Sony dealer regarding this product.
Model No. SRS-RA3000
Serial No.
Do not install the Wireless Speaker in a confined space, such as a bookcase or built-in cabinet.
Do not place this product close to medical devices
This product (including accessories) has magnet(s) which may interfere with pacemakers, programmable shunt valves for hydrocephalus treatment, or other medical devices. Do not place this product close to persons who use such medical devices. Consult your doctor before using this product if you use any such medical device.
WARNING
To reduce the risk of fire or electric shock, do not expose this Wireless Speaker to rain or moisture.
The Wireless Speaker is not disconnected from the mains as long as it is connected to the AC outlet, even if the Wireless Speaker itself has been turned off.
To reduce the risk of fire, do not cover the ventilation opening of the Wireless Speaker with newspapers, tablecloths, curtains, etc. Do not expose the Wireless Speaker to naked flame sources (for example, lighted candles).
To reduce the risk of fire or electric shock, do not expose this Wireless Speaker to dripping or splashing, and do not place objects filled with liquids, such as vases, on the Wireless Speaker.
As the main plug is used to disconnect the Wireless Speaker from the mains, connect the Wireless Speaker to an easily accessible AC outlet. Should you notice an abnormality in the Wireless Speaker, disconnect the main plug from the AC outlet immediately.
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Indoor use only.
For the Wireless Speaker
The nameplate is located on the bottom of the Wireless Speaker.
For the customers in the U.S.A.
NOTE: This Wireless Speaker has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This Wireless Speaker generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this Wireless Speaker does cause harmful interference to radio or television reception, which can be determined by turning the Wireless Speaker off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
– Reorient or relocate the receiving antenna. – Increase the separation between the Wireless Speaker and receiver. – Connect the Wireless Speaker into an outlet on a circuit different from
that to which the receiver is connected.
– Consult the dealer or an experienced radio/TV technician for help.
Properly shielded and grounded cables and connectors must be used for connection to host computers and/or peripherals in order to meet FCC emission limits.
If you have any questions about this Wireless Speaker: Visit: https://www.sony.com/electronics/support Contact: Sony Customer Information Service Center at 1-800-222-SONY (7669) Write: Sony Customer Information Service Center 12451 Gateway Blvd., Fort Myers, FL 33913
Supplier’s Declaration of Conformity
Trade Name: SONY Model No.: SRS-RA3000 Responsible Party: Sony Electronics Inc. Address: 16535 Via Esprillo, San Diego, CA 92127 USA Telephone No.: 858-942-2230 This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
CAUTION
You are cautioned that any changes or modifications not expressly approved in this manual could void your authority to operate this Wireless Speaker.
This Wireless Speaker must not be co-located or operated in conjunction with any other antenna or transmitter.
This Wireless Speaker complies with FCC radiation exposure limits set forth for an uncontrolled environment and meets the FCC radio frequency (RF) Exposure Guidelines. This Wireless Speaker should be installed and operated keeping the radiator at least 20cm or more away from person’s body.
Compliance with FCC requirement 15.407(c) Data transmission is always initiated by software, which is the passed down through the MAC, through the digital and analog baseband, and finally to the RF chip. Several special packets are initiated by the MAC. These are the only ways the digital baseband portion will turn on the RF transmitter, which it then turns off at the end of the packet. Therefore, the transmitter will be on only while one of the aforementioned packets is being transmitted. In other words, this device automatically discontinue transmission in case of either absence of information to transmit or operational failure.
Frequency Tolerance: ±20ppm or less
For the customers in Canada
Properly shielded and grounded cables and connectors must be used for connection to host computers and/or peripherals.
This Wireless Speaker contains licence-exempt transmitter(s)/receiver(s) that comply with Innovation, Science and Economic Development Canada’s license-exempt RSS(s). Operation is subject to the following two conditions: (1) This Wireless Speaker may not cause interference; and (2) This Wireless Speaker must accept any interference, including interference that may cause undesired operation of the Wireless Speaker.
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This Wireless Speaker complies with ISED radiation exposure limits set forth for an uncontrolled environment and meets RSS-102 of the ISED radio frequency (RF) Exposure rules. This Wireless Speaker should be installed and operated keeping the radiator at least 20cm or more away from person’s body.
5.15 - 5.35 GHz band is restricted to indoor operations only.
Data transmission is always initiated by software, which is the passed down through the MAC, through the digital and analog baseband, and finally to the RF chip. Several special packets are initiated by the MAC. These are the only ways the digital baseband portion will turn on the RF transmitter, which it then turns off at the end of the packet. Therefore, the transmitter will be on only while one of the aforementioned packets is being transmitted. In other words, this device automatically discontinue transmission in case of either absence of information to transmit or operational failure.
Notes on the humidity resistant feature
This product is humidity resistant*. However, the product is not waterproof. Do not use the product near water and do not expose it to dripping or splashing. Do not use the product in a location where close to a bathtub, kitchen sink, laundry tub, swimming pool, etc.
* The humidity resistant performance of the product is based on our
measurements under a certain temperature/humidity level. (35°C/35%-95%)
Precautions
On safety
Should any solid object or liquid fall into the product, unplug it and have it checked by qualified personnel before operating it any further.
On power sources
• Before operating the product, check that the operating voltage is identical with your local power supply. The operating voltage is indicated on the nameplate on the bottom of the product.
• The product is not disconnected from the AC power source (mains) as long as it is connected to the wall outlet, even if the product itself has been turned off.
• If you are not going to use the product for a long time, be sure to disconnect it from the wall outlet. To disconnect the AC power cord, grasp the plug itself; never pull the cord.
On placement
• Do not set the product in an inclined position.
• Place the product in a location with adequate ventilation to prevent heat buildup and prolong the life of the product.
• Do not place the product near heat sources, or in a place subject to direct sunlight, excessive dust, or mechanical shock.
• Do not place anything on top of the product that might cause malfunctions.
• Use caution when placing the product on surfaces that have been specially treated (with wax, oil, polish, etc.) as staining or discoloration of the surface may result.
On operation
Before connecting other equipment, be sure to turn off and unplug the product.
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About the Voice Guidance
IMPORTANT: THE VOICE GUIDANCE FOR THIS PRODUCT IS ONLY AVAILABLE IN ENGLISH.
• When the product is entering pairing mode: “Bluetooth pairing”
On cleaning
Clean this product with a soft cloth slightly moistened with a mild detergent solution. Do not use any type of abrasive pads, scouring powder, or solvents, such as thinner, benzine, or alcohol.
If you have any questions or problems concerning this product, please consult your nearest Sony dealer.
Notes on the License
This product contains software that Sony uses under a licensing agreement with the owner of its copyright. We are obligated to announce the contents of the agreement to customers under requirement by the owner of copyright for the software. Please access the following URL and read the contents of the license. https://rd1.sony.net/help/speaker/sl/20ra/
Notes on the update
The software of this product will be automatically updated to the latest software while connected to the Internet via a Wi-Fi® network. The software update will be delivered from time to time when, for example, a new feature becomes available or the update is required for stable use. Such automatic software feature may not be disabled. Also, previous versions of the software cannot be retrievable. Do not turn off power of this product while updating. The product may not be operational while updating.
To use this product, a Wi-Fi environment and Google Account are necessary, as well as your consent to Google Terms of Use and/or Privacy Policy. By using this product, you agree to Sony’s EULA. Software for this product is automatically updated from time to time and you cannot choose or refuse to load such automatic software.
Notice on GNU GPL/LGPL applied software
This product contains software that is subject to the following GNU General Public License (hereinafter referred to as “GPL”) or GNU Lesser General Public License (hereinafter referred to as “LGPL”). These establish that customers have the right to acquire, modify, and redistribute the source code of said software in accordance with the terms of the GPL or LGPL supplied. The source code for the above-listed software is available on the Web. To download, please access the following URL then select the model name “SRS-RA3000”. URL: http://oss.sony.net/Products/Linux/ Please note that Sony cannot answer or respond to any inquiries regarding the content of the source code.
Disclaimer regarding services offered by third parties
Services offered by third parties may be changed, suspended, or terminated without prior notice. Sony does not bear any responsibility in these sorts of situations.
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Specifications
Amplifier section
POWER OUTPUT AND TOTAL HARMONIC DISTORTION (USA models only):
Full-range speaker With 4 ohm load driven, from 30 Hz - 15,000 Hz, rated 2 W minimum RMS power, with no more than 1.0% total harmonic distortion from 250 mW to rated output.
Speaker section
Speaker system
Passive Radiator system
Speaker diameter (approx.)
Tweeter: 17 mm ( Full-range speaker: 80 mm (3
Input
Analog In
Wi-Fi section
Compatible standards
IEEE802.11 a/b/g/n
Radio frequency
2.4/5 GHz band
11
/16 in) × 2
1
/4 in) × 1
BLUETOOTH® section
Communication system
BLUETOOTH Specification version 4.2
Output
BLUETOOTH Specification Power Class 1
Maximum communication range
Line of sight approx. 30 m (98 ft)*
Frequency band
2.4 GHz band (2.4000 GHz - 2.4835 GHz)
Modulation method
FHSS
Compatible BLUETOOTH profiles*
A2DP (Advanced Audio Distribution Profile) AVRCP (Audio Video Remote Control Profile)
3
Supported Codec*
SBC*
4
, AAC*
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Transmission range (A2DP)
20 Hz - 20,000 Hz (Sampling frequency 44.1 kHz)
*1 The actual range will vary depending on factors such as obstacles between the
product and the device, magnetic fields around a microwave oven, static electricity, reception sensitivity, antenna’s performance, operating system, software application, etc.
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BLUETOOTH standard profiles indicate the purpose of BLUETOOTH
*
communication between devices.
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Codec: Audio signal compression and conversion format
* *4 Subband Codec *5 Advanced Audio Coding
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General
Power requirements
120 V AC, 60 Hz
Power consumption
On: 20 W Standby mode: 0.5 W or less (Power Saving mode)
Standby mode: 2 W or less*6
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Dimensions*
Mass (approx.)
*6 The product will automatically enter Power saving mode when there is no
BLUETOOTH pairing history.
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Not including projection portion
*
Design and specifications are subject to change without notice.
(approx.) (w/h/d)
146 mm × 247 mm × 155 mm (5
2.5 kg (5
(When BLUETOOTH/Network standby mode are set to off)
(When BLUETOOTH/Network standby mode are set to on)
3
/4 in × 9 3/4 in × 6 1/8 in)
1
/2 lb)
Compatible iPhone/iPod models
The compatible iPhone/iPod models are as follows. Update your iPhone/iPod with the latest software before using with the product. Made for: iPhone11ProMax/iPhone11Pro/iPhone11/iPhoneXSMax/iPhoneXS/ iPhoneXR/iPhoneX/iPhone8 Plus/iPhone8/iPhone7Plus/iPhone7/ iPhoneSE/iPhone6sPlus/iPhone6s/iPhone6Plus/iPhone6/ iPhone5s/iPodtouch (7th generation)/iPodtouch (6th generation)
Note
Sony cannot accept responsibility in the event that data recorded to iPhone/iPod is lost or damaged when using your iPhone/iPod connected to this product.
How to Use Spotify Connect
Use your phone, tablet or computer as a remote control for Spotify. Go to spotify.com/connect to learn how.
Copyrights and Trademarks
• Apple, iPhone, iPod, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.
• Use of the Made for Apple badge means that an accessory has been designed to connect specifically to the Apple product(s) identified in the badge, and has been certified by the developer to meet Apple performance standards. Apple is not responsible for the operation of this device or its compliance with safety and regulatory standards.
• The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Sony Corporation is under license.
• Wi-Fi® and Wi-Fi Alliance® are registered trademarks of Wi-Fi Alliance®.
• Wi-Fi CERTIFIED™ is a trademark of Wi-Fi Alliance®.
• The Wi-Fi CERTIFIED™ Logo is a certification mark of Wi-Fi Alliance®.
• Google, Google Play, Chromecast built-in and other related marks and logos are trademarks of Google LLC.
• The Spotify Software is subject to third party licenses found here: https://www.spotify.com/connect/third-party-licenses
• Spotify and Spotify logos are trademarks of the Spotify Group.*
* Depending on the country and region, this function may not be available.
• Amazon, Alexa and all related logos are trademarks of Amazon.com, Inc. or its affiliates.
• Other trademarks and trade names are those of their respective owners.
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END USER LICENSE AGREEMENT
IMPORTANT:
BEFORE USING THIS DEVICE, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THIS DEVICE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THIS DEVICE.
This EULA is a legal agreement between you and Sony Electronics Inc. (“SONY”). This EULA governs your rights and obligations regarding the software of SONY and/or its third party licensors (including SONY’s affiliates) and their respective affiliates (collectively, the “THIRD-PARTY SUPPLIERS”) for this device (SONY’s audio device, this “DEVICE”), together with any updates/upgrades provided by SONY, any printed, on-line or other electronic documentation for such software, and any data files created by operation of such software (collectively, the “SOFTWARE”).
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end user license agreement (including, but not limited to, GNU General Public license and Lesser/Library General Public License) shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“EXCLUDED SOFTWARE”).
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other intellectual property laws and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text and “applets” incorporated into the SOFTWARE) is owned by SONY or one or more of the THIRD-PARTY SUPPLIERS.
GRANT OF LICENSE
SONY grants you a limited license to use the SOFTWARE solely in connection with this DEVICE and only for your individual, non­commercial use. SONY and the THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you.
REQUIREMENTS AND LIMITATIONS
You may not copy, publish, adapt, redistribute, attempt to derive source code, modify, reverse engineer, decompile, or disassemble any of the SOFTWARE, whether in whole or in part, or create any derivative works from or of the SOFTWARE unless such derivative works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with any digital rights management functionality of the SOFTWARE. You may not bypass, modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any mechanisms operatively linked to the SOFTWARE. You may not separate any individual component of the SOFTWARE for use on more than one DEVICE unless expressly authorized to do so by SONY. You may not remove, alter, cover or deface any trademarks or notices on the SOFTWARE. You may not share, distribute, rent, lease, sublicense, assign, transfer or sell the SOFTWARE. The software, network services or other products other than SOFTWARE upon which the SOFTWARE’S performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service suppliers, or SONY). SONY and such suppliers do not warrant that the SOFTWARE, network services or other products will continue to be available, or will operate without interruption or modification.
EXCLUDED SOFTWARE AND OPEN SOURCE COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include EXCLUDED SOFTWARE. Certain EXCLUDED SOFTWARE may be covered by open source software licenses (“Open Source Components”), which means any software licenses
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approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. If and to the extent disclosure is required, please visit www.sony.net/Products/Linux or other SONY-designated web site for a list of applicable OPEN SOURCE COMPONENTS included in the SOFTWARE from time to time, and the applicable terms and conditions governing its use. Such terms and conditions may be changed by the applicable third party at any time without liability to you. To the extent required by the licenses covering EXCLUDED SOFTWARE, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to EXCLUDED SOFTWARE prohibit any of the restrictions in this EULA with respect to such EXCLUDED SOFTWARE, such restrictions will not apply to such EXCLUDED SOFTWARE. To the extent the terms of the licenses applicable to Open Source Components require SONY to make an offer to provide source code in connection with the SOFTWARE, such offer is hereby made.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used by you to view, store, process and/or use content created by you and/or third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You acknowledge and agree that SONY may take appropriate measures to protect the copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data, and termination of this EULA in the event of your illegitimate use of the SOFTWARE.
CONTENT SERVICE
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH CONTENT AVAILABLE THROUGH ONE OR MORE CONTENT SERVICES (“CONTENT SERVICE”). USE OF THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THAT CONTENT SERVICE. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE SOFTWARE WILL BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN CONTENT AND SERVICES AVAILABLE THROUGH THE SOFTWARE MAY BE PROVIDED BY THIRD PARTIES (“THIRD PARTY SERVICE PROVIDERS”) OVER WHICH SONY HAS NO CONTROL. USE OF THE CONTENT SERVICE REQUIRES AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY SERVICES
You acknowledge and agree that access to certain SOFTWARE features may require an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your Internet connection, including but not limited to Internet service provider or airtime charges. Operation of the SOFTWARE may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are the sole responsibility of the third party providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities, and not to transfer, or authorize the transfer, of the SOFTWARE to a prohibited country or otherwise in violation of any such restrictions or regulations.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States Government is subject to restriction as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. § 52.227­19, as applicable. The manufacturer solely for purposes of this section is Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.
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HIGH RISK ACTIVITIES
The 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 SOFTWARE could lead to death, personal injury, or severe physical or environmental damage (“HIGH RISK ACTIVITIES”). SONY, each of the THIRD-PARTY SUPPLIERS, and each of their respective affiliates specifically disclaim any express or implied warranty, duty or condition of fitness for HIGH RISK ACTIVITIES.
EXCLUSION OF WARRANTY ON SOFTWARE
You acknowledge and agree that use of the SOFTWARE is at your sole risk and that you are responsible for use of the SOFTWARE. The SOFTWARE is provided “AS IS,” without warranty, duty or condition of any kind.
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SONY and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as “SONY”) EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE FUNCTIONS CONTAINED IN ANY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE SOFTWARE WILL BE CORRECT OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, (C) THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, (D) THAT ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED, AND (E) REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR AN AUTHORIZED REPRESENTATIVE OF SONY SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SONY AND EACH OF THE THIRD-PARTY SUPPLIERS (for purposes of this Section, SONY and each of the THIRD-PARTY SUPPLIERS shall be collectively referred to as “SONY”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER’S TIME, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EACH AND ALL OF THEIR AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THIS DEVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
CONSENT TO USE OF CERTAIN INFORMATION, LOCATION DATA, DATA SECURITY
SONY and its affiliates, partners and agents may use your IP address to connect your DEVICE to the Internet for the purpose of SOFTWARE updates. You acknowledge and agree that THIRD PARTY SERVICE PROVIDERS may read, collect, transfer, process and store certain information collected from the SOFTWARE, including but not limited to
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information about (i) the SOFTWARE and (ii) the software applications, contents and peripheral devices that interact with your DEVICE and the SOFTWARE (“Information”). Information includes, but is not limited to: (1) unique identifiers relating to your DEVICE and its components; (2) performance of the DEVICE, the SOFTWARE and their components; (3) configurations of your DEVICE, the SOFTWARE and the software applications, contents and peripheral devices that interact with the DEVICE and the SOFTWARE; (4) use and frequency of use of the functions of (x) the SOFTWARE, and (y) the software applications, contents and peripheral devices that interact with the SOFTWARE; and (5) location data, as indicated below. THIRD PARTY SERVICE PROVIDERS may use and disclose Information subject to applicable laws in order to improve their products and services or to provide products or services to you. Such uses include, but are not limited to: (a) administering the functionalities of the SOFTWARE; (b) to improve, service, update or upgrade the SOFTWARE; (c) improving, developing and enhancing the current and future products and services of THIRD PARTY SERVICE PROVIDERS and other parties; (d) to provide you with information about the products and services offered by THIRD PARTY SERVICE PROVIDERS and other parties; (e) complying with applicable laws or regulations; and (f) to the extent offered, providing you with location-based services of THIRD PARTY SERVICE PROVIDERS and other parties, as indicated below. In addition, THIRD PARTY SERVICE PROVIDERS may retain the right to use Information to protect itself and third parties from illegal, criminal or harmful conduct.
Certain services available through the SOFTWARE may rely upon location information, including, but not limited to, the geographic location of the DEVICE. You acknowledge that for the purpose of providing such services, the THIRD-PARTY SUPPLIERS, THIRD PARTY SERVICE PROVIDERS or their partners may collect, archive, process and use such location data, and that such services are governed by the privacy policies of such third party. By using any such services, you agree that you have reviewed the privacy policies applicable to such
services and consent to such activities.
SONY, its affiliates, partners and agents will not intentionally use Information to personally identify the owner or user of the SOFTWARE without your knowledge or consent. Any use of Information will be in accordance with the privacy policies of SONY or such third party. SONY’s current privacy policy is located at: www.sony.com/selprivacy.
Please contact applicable third parties for privacy policies relating to personally identifiable and other information you provide when you use or access third party software or services.
Information may be processed, stored or transferred to SONY, its affiliates or agents which are located in countries outside of your country of residence. Data protection and information privacy laws in certain countries may not offer the same level of protection as your country of residence and you may have fewer legal rights in relation to Information processed and stored in, or transferred to, such countries. SONY will use reasonable efforts to take appropriate technical and organizational steps to prevent unauthorized access to or disclosure of Information, but does not warrant it will eliminate all risk of misuse of such Information.
AUTOMATIC UPDATE FEATURE
From time to time, SONY, the THIRD-PARTY SUPPLIERS or THIRD PARTY SERVICE PROVIDERS may automatically update or otherwise modify the SOFTWARE, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact this DEVICE with SONY’s or third parties’ servers, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including, but not limited to, functions you may rely upon. You acknowledge and agree that such activities may occur at SONY’s sole discretion and that SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be,
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and shall constitute part of, the SOFTWARE for purposes of this EULA. By acceptance of this EULA, you consent to such update/modification.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA and SONY’s privacy policy, each as amended and modified from time to time, together constitute the entire agreement between you and SONY with respect to the SOFTWARE. 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the SOFTWARE or this EULA. Furthermore, 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.
BINDING ARBITRATION ANY “DISPUTE” THAT IS NOT RESOLVED THROUGH THE INFORMAL
NEGOTIATION PROCESS DESCRIBED HEREIN SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. “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 SOFTWARE or this EULA. DISPUTE is to be given the broadest possible meaning that will be enforced. If a DISPUTE arises, you agree to first give notice to SONY by contacting Sony Electronics Inc. at 16530 Via Esprillo, MZ 1105, San Diego, CA 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 DISPUTE enforcing, protecting, or concerning the validity of intellectual property rights.
ARBITRATION INSTRUCTIONS
To begin arbitration, either you or SONY must make a written demand to the other for arbitration. The arbitration will take place before a single
arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules, and the Supplementary Proceedings for Consumer-Related disputes when applicable (“Rules”) of the American Arbitration Association (“AAA”) in effect when the claim is filed. You may get a copy of AAA’s Rules by contacting AAA at (800) 778-7879 or visiting www. adr.org. The filing fees to begin and carry out arbitration will be shared between you and SONY, 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 SONY 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.
SMALL CLAIMS EXCEPTION
Despite the provisions set forth above, you have the right to litigate any DISPUTE in small claims court or other similar court of limited jurisdiction, 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.
CLASS ACTION WAIVER YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO
BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY DISPUTES IN COURT BEFORE A JUDGE OR JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS,
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AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
OPT-OUT INSTRUCTIONS
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND/OR THE CLASS ACTION WAIVER ABOVE, THEN: (1) YOU MUST NOTIFY SONY IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST USE THE SOFTWARE OR AGREE TO THIS EULA, WHICHEVER OCCURS FIRST; (2) YOUR WRITTEN NOTIFICATION MUST BE MAILED TO Sony Electronics Inc., 16530 Via Esprillo, MZ 1105, San Diego CA 92127, Attn: LEGAL DEPARTMENT; AND (3) YOUR WRITTEN NOTIFICATION MUST INCLUDE: (A) YOUR NAME; (B) YOUR ADDRESS; (C) THE DATE YOU FIRST USED THE SOFTWARE OR AGREED TO THIS EULA; AND (D) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION AND/OR TO BE BOUND BY THE CLASS ACTION WAIVER.
REJECTING CHANGES MADE TO THE DISPUTE PROCEDURES
Despite anything to the contrary in this EULA, you may reject changes made to the binding arbitration provision and class action waiver if: (1) you’ve already begun authorized use of the SOFTWARE at the time the change was/is made; and (2) you mail written notice to the address in the immediately preceding paragraph within 30 days after the particular change was/is made. Should such a situation arise, you will still be bound by the DISPUTE procedures you previously agreed to and existing before the change you rejected was made.
MISCELLANEOUS
Any DISPUTE determined not subject to arbitration and not initiated in small claims court will be litigated by either party in a court of competent jurisdiction in either the superior court for the County of San Diego or in the United States District Court for the Southern District of California.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA to the contrary, you acknowledge and agree that any violation of or non-compliance with this EULA by you will cause irreparable harm to SONY, for which monetary damages would be inadequate, and you consent to SONY obtaining any injunctive or equitable relief that SONY deems necessary or appropriate in such circumstances. SONY may also take any legal and technical remedies to prevent violation of and/or to enforce this EULA, including, but not limited to, immediate termination of your use of the SOFTWARE, if SONY believes in its sole discretion that you are violating or intend to violate this EULA. These remedies are in addition to any other remedies SONY may have at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY may terminate this EULA if you fail to comply with any of its terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the SOFTWARE; (ii) comply with the requirements in the section below entitled “Your Account Responsibilities”.
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE DISCRETION BY POSTING NOTICE ON A SONY DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you do not agree to the amendment, you should promptly contact SONY for instructions. Your continued use of the SOFTWARE after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER 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.
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YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase, sell or otherwise transfer your DEVICE, or if this EULA is terminated, you are responsible for and must delete any and all accounts you may have established on DEVICE or are accessible through this DEVICE. You are solely responsible for maintaining the confidentiality of any accounts you have with SONY or third parties and any usernames and passwords associated with your use of the DEVICE.
Should you have any questions concerning this EULA, you may contact SONY by writing to SONY at: Sony Electronics Inc., 16530 Via Esprillo, San Diego, CA 92127.
Copyright © 2020 Sony Electronics Inc. All rights reserved.
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