Sony XR-C5100 User Manual

END USER LICENSE AGREEMENT

FOR CERTAIN SOFTWARE AND SERVICE TO BE USED

WITH YOUR SONY PRODUCT

IMPORTANT – READ THIS AGREEMENT BEFORE USING YOUR SONY PRODUCT. USING YOUR PRODUCT
INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

If you do not agree to the terms of this EULA or Sony’s applicable privacy policy, as
amended from time to time by Sony in its discretion, Sony is unwilling to license the
Sony Software (as defined below) to you and unwilling to allow you to access the
Sony Services & Content (as defined below), 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.

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 defined below, as “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 affiliates and third party licensors (“Third Party Licensors”) and accompanying
printed or online documentation. The Sony Software includes software in your Sony
Product, including updates or modified software, provided to you by Sony, whether
stored on media or downloaded to the Sony Product via any method, but not
Excluded Software as defined below.

Note: This EULA contains a binding individual arbitration clause and class action waiver. If you wish
to opt out of these provisions, please follow the instructions in Section entitled “Resolving
Disputes; Arbitration; Small Claims Waiver” below.

This Sony Product also includes the Sony Entertainment Network 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 Sony Entertainment Network 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 Sony Entertainment Network 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, 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 non-theatrical
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.

4-543-795-11(1)© 2014 Sony Corporation Printed in Japan

You understand, acknowledge and agree that access to certain Sony Product features,
including but not limited to your ability to access the Sony Content & Services,
requires an Internet connection for which you are solely responsible. 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.
The quality of the Sony Content & Services presented is subject to your Internet
provider’s service and terms, and is also dependent upon the speed of your Internet
service. Operation of the Sony Product and Sony Software, and access to the Sony
Content & Services, may be limited or restricted depending on the capabilities,
bandwidth or technical limitations of your Internet connection and service. You
understand, acknowledge and agree that Internet connectivity is provided by third
parties over which Sony has no control. The provision, quality, availability and security
of such Internet connectivity, software and services are the sole responsibility of such
third parties.

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.

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.

EXCLUDED SOFTWARE

Notwithstanding the foregoing limited license grant, you acknowledge that the Sony
Product includes software subject to other terms and conditions governing the use of
such software other than this EULA (“Excluded Software”). Certain Excluded Software
may be covered by open source software licenses (“Open Source Components”),
which means any software licenses 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. Terms
and conditions applicable to Open Source Components are provided to you together
with this EULA and/or stored in your Device which may include but are not limited to
the “Help” or “About” menus. Please visit http://www.sony.net/Products/Linux for a
list of applicable Excluded Software included in this Sony Product 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 Open Source Components, 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 Open Source Components prohibit any of the restrictions in this
EULA with respect to such Open Source Components, such restrictions will not apply
to such Open Source Component. 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.

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.

DATA COLLECTION

Any Services provided by affiliates of Sony Corporation and/or third parties that you
access may also allow affiliates of Sony Corporation and/or third parties to collect
data about you and/or about the use of that service. Sony Corporation does not
control and is not in any way liable for such data collection and you should consult
the relevant privacy policy for each such Service before using it.

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 non­proprietary. 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.

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. If you use the Sony Entertainment Network service, the SEN
and/or PSN Terms of Use/Service and the SEN and/or PSN Privacy Policy for your
country will apply and you will be required to agree to them. You understand and
agree that use of that service (and other services available through it) as well as
other services than those provided by Sony Entertainment Network may result in
you receiving or being shown recommendations and/or advertisements, service
announcements, administrative messages, news updates and the like which Sony
Corporation is not responsible nor liable for. SONY, ITS AFFILIATES, AND ITS THIRD
PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
ACCURACY, LEGALITY, RELIABILITY, OR VALIDITY OF ANY ADVERTISEMENT, 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 SONY
ENTERTAINMENT NETWORK 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, INCLUDING 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 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 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 Sony Entertainment
Network 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 [phone]; E-Mail
[e-mail]

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) (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 Sony Entertainment Network 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 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 252.227-7013 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 third­party beneficiary of, and shall have the right to enforce, each provision of this EULA
with respect to the software, service, and content, as applicable, of such party.

TERM
This EULA is effective until terminated. Sony may terminate this EULA immediately if
you fail to comply with its terms by giving you notice. In such event, you must destroy
the Sony Software and accompanying documentation, and all copies you have made
of them. In addition, upon termination you will have no recourse against Sony, its
affiliates, its Third Party Licensors, or its Third Party Providers for your inability to use
the Sony Software or the accompanying documentation, the Services, or the Content.

DE-REGISTRATION OF YOUR DEVICE

Should you return your Sony Product to its place of purchase, transfer your Sony
Product in accordance with this EULA, or if this EULA is terminated, you agree to: (i)
de-register the Sony Product by deleting any and all accounts you may have
established on or have accessed through the Sony Product; and (ii) reset the Sony
Product to its original factory settings. YOU ARE SOLELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF ANY ACCOUNTS YOU HAVE WITH THIRD
PARTIES AND ANY USERNAMES AND PASSWORDS ASSOCIATED WITH YOUR USE OF
THE SONY PRODUCT.

RESOLVING DISPUTES; ARBITRATION; SMALL CLAIMS WAIVER

This EULA will not be governed or interpreted in any way by referring to any law
based on the Uniform Computer Information Transactions Act (UCITA) or any other act
derived from or related to UCITA. Further, the United Nations Convention on Contracts
for the International Sale of Goods shall not apply to this EULA.

If a Dispute arises, you agree to first give notice to us by contacting Sony Electronics
Inc. at 16530 Via Esprillo, San Diego, California 92127, Attn: Legal Department, and
engaging in good faith negotiations to attempt to resolve any Dispute for at least 14
days, except that you or Sony (or any of its affiliates) may skip this informal
negotiation procedure for Disputes enforcing, protecting, or concerning the validity
of intellectual property rights. “Dispute” is defined as any disagreement, cause of
action, claim, controversy, or proceeding between you and any Sony entity related
to or arising out of the Sony Product, Sony Software, Sony Services & Content or this
EULA. Dispute is to be given the broadest possible meaning that will be enforced.

ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED
ABOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.

To begin arbitration, either you or we must make a written demand to the other for
arbitration. The arbitration will take place before a single arbitrator. It will be
administered in keeping with the Expedited Procedures of the Commercial
Arbitration Rules, and the Supplementary Proceedings for 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 [phone] or visiting www.adr.org. The filing fees to begin and carry out
arbitration will be shared between you and us, but in no event shall your fees ever
exceed the amount allowable by the special rules for Consumers Disputes provided
for by AAA, at which point Sony will cover all additional administrative fees and
expenses. This does not prohibit the arbitrator from giving the winning party their
fees and expenses of the arbitration when appropriate pursuant to the Rules. Unless
you and we agree differently, the arbitration will take place in the county and state
where you live, and applicable federal or state law shall govern the substance of any
Dispute. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern the arbitration
itself and not any state law on arbitration. The arbitrator’s decision will be binding
and final, except for a limited right of appeal under the Federal Arbitration Act. The
arbitrator may award declaratory or injunctive relief only in favor of the party
seeking relief, and only to the extent necessary to provide relief warranted by that
party’s individual claim. Any court with jurisdiction over the parties may enforce the
arbitrator’s decision.

Despite the above, you have the right to litigate any Dispute in small claims court or
other similar court of limited jurisdiction in the United States, to the extent the
amount at issue does not exceed $15,000, and as long as such court has proper
jurisdiction and all other requirements (including amount in controversy) are
satisfied.

Despite anything to the contrary in this EULA, you may reject changes made to the
binding arbitration provision if: (1) you’ve already begun authorized use of the Sony
Product at the time the change was/is made; and (2) you mail written notice to the
address in the immediately preceding paragraph within 30 days after the particular
change was/is made. Should such a situation arise, you will still be bound by the
Dispute procedures you previously agreed to and existing before the change you
rejected was made.

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.

Notwithstanding the foregoing to the contrary, either party may initiate litigation
immediately with respect to any matter arising out of or in connection with this
Agreement for which equitable relief (or an equivalent type of urgent legal relief) is
sought. You agree that any violation of or non-compliance with any term or
condition this EULA by you will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Sony, its affiliates or third party licensors 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. These remedies are in addition to any other remedies that may be
available to Sony under contract, at law or in equity.

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Should you have any questions concerning this EULA, you may contact Sony by
writing to Sony Technical Response Center, 12451 Gateway Boulevard, Fort Myers,
Florida 33913, USA.

© 2014 Sony Electronics Inc. All Rights Reserved.