If you do not agree to the terms of this End User License Agreement (“EULA”), as amended from time to time by Sony Electronics Inc. (“Sony”) in its discretion, Sony is unwilling to license the Sony Software (as defined below) to you, and you: (i) should not use the Sony Product; and (ii) may choose to return the Sony Product to Sony or the authorized reseller where you purchased the Sony Product and included Sony Software for a refund, subject to the applicable return policy where you purchased the Sony Product. 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 allow you to access the applicable Sony Content Services and Sony Content (as defined below).

This EULA is a legal agreement between you and 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 parent, subsidiaries, affiliates and third party licensors (“Third Party Licensors”) and accompanying printed or online or any other electronic 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, jury trial waiver 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; Jury Trial Waiver; Class Action Waiver” below.

This Sony Product also includes a certain 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. Sony may also provide you access to selected Sony content services (“Sony Content Services”) through the network feature, which services and related content (“Sony Content”) shall both be considered Sony Software under this EULA.

INTERNET CONNECTIVITY AND THIRD-PARTY SERVICES

The 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, animation, text and “applets” 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, registration and credit card information 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, unavailable or discontinued at any time.

You understand, acknowledge and agree that access to certain Sony Product features, including but not limited to your ability to access the Sony Content and 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 and 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 and 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.

PLEASE ALSO NOTE THAT THE SONY SOFTWARE MAY BE DESIGNED TO BE USED WITH CONTENT AVAILABLE THROUGH ONE OR MORE SONY CONTENT SERVICES. USE OF THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THAT CONTENT SERVICE PROVIDER. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE SONY SOFTWARE WILL BE LIMITED. You acknowledge and agree that certain content and services available through the SONY SOFTWARE may be provided by third parties over which SONY has no control. USE OF THE CONTENT SERVICE REQUIRES AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE MODIFIED OR DISCONTINUED AT ANY TIME.

You cannot use the Sony Software except as specified herein. The Sony Software is licensed, not sold. The Sony Software is protected by copyright and other intellectual property laws and international treaties. Sony and its Third Party Licensors grant you a limited, non-exclusive, personal, non-transferable license to use the Sony Software solely in connection with your compatible device (including, but not limited to, Sony’s Products which the Sony Software is embedded in or bundled with) solely in accordance with this EULA and the usage instructions as may be made available to you by Sony or the Third-Party Licensors. 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 and all right and title in and to the Sony Software (including, but not limited to, any images, photographs, animation, video, audio, music, text and “applets” and other content incorporated in the Sony Software) is owned by Sony or one or more of the Third-Party Licensors. 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, adapt, publish, copy, redistribute, attempt to derive source code from, 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 (including, but not limited to, creating any derivative works from or of the Sony Software unless such derivative works are intentionally facilitated by the Sony Software). In addition, you may not rent, distribute, lease, sublicense, assign, transfer, 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 parent, subsidiaries, affiliates, and its Third Party Licensors retain all rights, title and interest (including, but not limited to, all intellectual property 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; (b) separate any individual component of the Sony Software for use on more than one device unless expressly authorized to do so by Sony, (c) modify or tamper with any digital rights management functionality of the Sony Software, (d) remove, alter, cover, or deface any trademarks or notices on the Sony Software, or (e) You may not use the Sony Software in connection with violation of laws, regulations, court decisions or other legally binding dispositions by a public authority or public policy, or infringement of the rights or legally protected interests (including, but not limited to, intellectual and other property rights, rights to trade secrets, honors, privacy and publicity) of Sony, each of the Third-Party Licensors or any third parties. 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, modified or discontinued at the discretion of the suppliers (software suppliers, service providers, Third Party Providers, etc.) or Sony. Sony and such suppliers do not warrant that the Sony Software, network services, contents, or other products will continue to be available, or will operate without interruption or modification.

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 Sony Product which may include but are not limited to the “Help” or “About” menus. Please visit http://oss.sony.net/Products/Linux or other Sony-designed website 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 Sony Software, such offer is hereby made.

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.

Any Services provided by Third Party Providers that you access may also allow Third Party Providers to collect data about you and/or about the use of that Service. Sony 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.

If you send any communications or materials to Sony by electronic mail or otherwise including any selections, comments, data, questions, suggestions, or the like (“Materials”), all such Materials are, and will be treated as, non-confidential and non-proprietary (except as expressly provided for in the applicable privacy policy). 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.

USE OF SONY SOFTWARE WITH COPYRIGHTED MATERIALS

The Sony 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 Sony 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 content stored, processed or used by the Sony Software. Such measures include, but are not limited to, refusal to accept your request to enable backup and restoration of content through certain Sony Software features, and termination of this EULA in the event of your illegitimate use of the Sony Software.

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.

Content owners use Microsoft PlayReady™ content access technology (“PlayReady”) to protect their intellectual property, including copyrighted content. This Sony Product uses PlayReady technology to access PlayReady-protected Content and/or WMDRM-protected Content (“WMDRM” means Microsoft Windows Media digital rights management technology). If this Sony Product fails to properly enforce restrictions on the Content usage, Content owners may require Microsoft Corporation (“Microsoft”) to revoke this Sony Product’s ability to consume PlayReady-protected Content. Revocation should not affect unprotected Content or Content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their Content. If you decline an upgrade, you will not be able to access Content that requires the upgrade.

In addition, Content owners may use other digital rights management technology (“DRM”) (such as Widevine, Netflix, Fairplay, etc.) to protect their intellectual property, including copyrighted content, or may require you to upgrade such DRM to access their Content. If you decline an upgrade, you will not be able to access content that requires the upgrade.

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, acknowledge 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 understand, acknowledge and agree that use of the Services (and other services available through it) may result in you receiving or being shown recommendations and/or advertisements, service announcements, administrative messages, news updates and the like which Sony is not responsible nor liable for. SONY, ITS PARENT, SUBSIDIARIES, 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.

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.

You acknowledge and agree that use of the Sony Software is at your sole risk and that you are responsible for use of the Sony Software. The Sony Software is provided “AS IS,” without warranty, duty or condition of any kind.

SONY, ITS PARENT, SUBSIDIARIES, 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, QUALITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONY, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS THIRD PARTY LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS THAT THE SONY SOFTWARE OR ACCOMPANYING DOCUMENTATION, THE SERVICES, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UPDATED OR THAT THE OPERATION OF THE SONY SOFTWARE, THE SERVICES, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SONY SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, OR THAT ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SONY SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED. FURTHERMORE, SONY, ITS PARENT, SUBSIDIARIES, 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 PARENT, SUBSIDIARIES, AFFILIATES, OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION. SHOULD THE SONY SOFTWARE, MEDIA ON WHICH THE SONY 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE CONTRARY TO THE APPLICABLE LAW OF YOUR JURISDICTION.

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 PARTIES. 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 NETWORK OR THE SERVICE MAY BE LIMITED OR RESTRICTED DEPENDING ON THE CAPABILITIES, BANDWIDTH OR TECHNICAL LIMITATIONS OF YOUR INTERNET SERVICE. SONY, ITS PARENT, SUBSIDIARIES, 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 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 LEGAL GUARDIAN TO REVIEW THE EULA BEFORE USING THE SONY PRODUCT.

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 SOFTWARE, 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., 16535 VIA ESPRILLO, SAN DIEGO, CA 92127; E-MAIL IPagent@am.sony.com

You agree to indemnify, defend, and hold harmless Sony and all of its agents, directors, officers, employees, information providers, licensors and licensees, subsidiaries, affiliates, content providers, and direct and indirect parent(s) (collectively, “the 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(ies) in defense or settlement of any claim. Sony and/or Indemnified Party(ies) 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 and/or any Indemnified Party without the prior written consent of Sony and/or Indemnified Party(ies).

IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY LICENSORS OR THIRD PARTY PROVIDERS), ITS PARENT, SUBSIDIARIES, 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, LOSS OF REVENUE, 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, LOSS OF USE OF THE SONY SOFTWARE OR ANY ASSOCIATED HARDWARE, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SONY, ITS PARENT, SUBSIDIARIES, AFFILIATES, ITS THIRD PARTY LICENSORS, OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION, THE SERVICES, AND THE CONTENT ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS PARENT, SUBSIDIARIES, 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. 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 THE SONY SOFTWARE, SONY’S PRODUCT WHICH THE SONY SOFTWARE IS EMBEDDED IN OR BUNDLED WITH AND/OR SONY’S SERVICE TO WHICH THE SONY SOFTWARE IS DEDICATED.

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 to the extent they are contrary to applicable law in your jurisdiction.

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 is non-transferable, non-sublicensable and extends only to the original purchaser of the Sony Product as the original licensee. Sony’s entire liability and your exclusive remedy will be replacement of the media pursuant to Sony’s limited warranty. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY, 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 TO THE EXTENT THEY ARE CONTRARY TO APPLICABLE LAW OF YOUR JURISDICTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

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.

Sony respects the intellectual property rights of others, and we ask you to do the same. It is Sony’s policy, at its discretion, (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.

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.

GOVERNING LAW AND JURISDICTION

This EULA shall be governed by the laws of the State of Delaware (USA), without regard to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Sony Software or this EULA. 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.

For purposes of this EULA, “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. If a Dispute arises, you agree to first give notice to us by contacting Sony Electronics Inc. at 16535 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 (its parent, subsidiaries 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 to be given the broadest possible meaning that will be enforced.

ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED HEREIN, SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND THE SUPPLEMENTARY PROCEEDINGS FOR CONSUMER-RELATED DISPUTES WHEN APPLICABLE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

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 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 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 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 EXCEPTIONS

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, 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.

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 THIRTY (30) DAYS OF THE DATE THAT YOU FIRST USE THE SONY SOFTWARE OR AGREE TO THIS EULA, WHICHEVER OCCURS FIRST; (2) YOUR WRITTEN NOTIFICATION MUST BE MAILED TO Sony Electronics Inc., 16535 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 SONY 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 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 provided in this section 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.

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 EULA 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 of this EULA by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sony, its employees, directors, officers, agents, affiliates, subsidiaries, third party providers, third party licensors, third party licensees, content providers, and direct and indirect parent(s) 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.

THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA. Any claim or cause of action related to or arising out of your purchase or use of the Sony Product, Sony Software, Sony Content, Sony Content Services or this EULA must be commenced within one (1) year after the claim or cause of action arises.

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 DISPUTE IN COURT BEFORE A JUDGE OR A JURY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND BOTH PARTIES AGREE NOT TO HAVE ANY DISPUTES HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY ACTION, UNLESS ALL PARTIES INVOLVED IN THE DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS ACTION PROCEEDING. THE ARBITRATOR SHALL DECIDE ALL OTHER ISSUES OF ARBITRABILITY.

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 REASONABLE OR 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 Sony Software after the effective date of any such notice shall be deemed your agreement to be bound by such amendment.

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.

From time to time, Sony or third parties may automatically update or otherwise modify the Sony Software, including, 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, but not limited to, features/functions you may rely upon. You hereby acknowledge and 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 updates or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the Sony Software for purposes of this EULA. By acceptance of this EULA, you consent to such update/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 applicable website shall apply as soon as they are posted. By continuing to use Sony Software or 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.

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, ITS PARENT, SUBSIDIARIES, AFFILIATES, EACH OF THE THIRD PARTY LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY, DUTY OR CONDITION OF FITNESS FOR HIGH RISK ACTIVITIES.

The Sony Software and the Content may contain encryption technology. You agree to comply with all applicable export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities. 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, or other United States agencies and authorities. 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.

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, as applicable, 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, solely for the purpose of this section, is Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127.

This EULA, the limited warranty accompanying the Sony Product, Sony’s then-current privacy policy separately presented to you, 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.

YOUR ACCOUNT RESPONSIBILITIES

Should you return your Sony Product to its place of purchase, sell or otherwise transfer your Sony Product, or if this EULA is terminated, you are responsible for and must, if reasonably possible, uninstall the Sony Software from the Sony Product and delete any and all accounts you may have established on Sony Product or are accessible through the Sony Software. 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 Sony Product.

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.

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 parent, subsidiaries, affiliates, its Third Party Licensors, or its Third Party for your inability to use the Sony Software or the accompanying documentation, the Services, or the Content.

The software included in this product contains copyrighted software that is licensed under the GPLv2 and other licenses which may require access to source code. You may find a copy of the relevant source code as required under the GPLv2 (and other licenses) at https://oss.sony.net/Products/Linux/.

You may obtain the source code as required by the GPLv2 on a physical medium from us for a period of three (3) years after our last shipment of this product by applying through the form at https://oss.sony.net/Products/Linux/.

This offer is valid to anyone in receipt of this information.

MPEG Layer-3 audio coding technology and patents licensed from Fraunhofer IIS and Thomson.