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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 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. §
52.227-19, as applicable. The manufacturer solely for purposes of this section is Sony Electronics Inc.,
16530 Via Esprillo, San Diego, CA 92127.
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 SOFTWAREÅfS 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 THE SOFTWARE. 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 NON-PERSONAL INFORMATION, LOCATION DATA, DATA
SECURITY
You acknowledge and agree that SONY and its affiliates, partners and agents may read, collect,
transfer, process and store certain information collected from the SOFTWARE, including but not
limited to 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. SONY and its affiliates, partners and agents
may use and disclose Information subject to applicable laws in order to improve its 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
SONY and other parties; (d) to provide you with information about the products and services offered
by SONY and other parties; (e) complying with applicable laws or regulations; and (f) to the extent
offered, providing you with location-based services of SONY and other parties, as indicated below. In
addition, SONY retains 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, SONY, the THIRD-PARTY SUPPLIERS or their partners may collect,
archive, process and use such location data, and that such services are governed by the privacy policies
of SONY or 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 or the THIRD-PARTY SUPPLIERS 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 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, 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 ABOVE 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.
