END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT
CONTRAT DE LICENCE D’UTILISATION
FOR CERTAIN SOFTWARE AND SERVICE TO BE USED
WITH YOUR SONY PRODUCT
POUR CERTAINS LOGICIELS ET SERVICES DEVANT ÊTRE UTILISÉS AVEC VOTRE PRODUIT SONY
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 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 you should before using the
Sony Product 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. 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 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, 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 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.
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://oss.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 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.
SONY’S RIGHTS TO USER’S MATERIAL
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.
TRANSMITTED MATERIAL
Internet transmissions are never completely private or secure. You understand that any message or
information you send to Sony may be read or intercepted by others, unless there is a special notice that a
particular message (for example, credit card information) is encrypted (sent in code). Sending a message to
Sony does not cause Sony to have any special responsibility to you.
DIGITAL RIGHTS MANAGEMENT
Content owners use 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.
DIGITAL RIGHTS MANAGEMENT
(Widevine DRM)
Content owners use Widevine DRM content access technology to protect their intellectual property, including
copyrighted content. This Sony Product uses Widevine DRM technology to access Widevine DRM-protected
Content. If the Sony Product fails to properly enforce restrictions on Content usage, Content owners may
require Widevine Technologies (a Google company) to revoke this Sony Product’s ability to consume
Widevine DRM-protected Content. Revocation should not affect unprotected Content or Content protected by
other content access technologies. Content owners may require you to upgrade Widevine DRM to access
their Content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
DIGITAL RIGHTS MANAGEMENT
(Marlin Broadband DRM)
Content owners use Marlin Broadband DRM content access technology to protect their intellectual property,
including copyrighted content. This Sony Product uses Marlin Broadband DRM technology to access Marlin
Broadband DRM-protected Content. If the Sony Product fails to properly enforce restrictions on Content
usage, Content owners may require Marlin Trust Management Organization to revoke this Sony Product’s
ability to consume Marlin Broadband DRM-protected Content. Revocation should not affect unprotected
Content or Content protected by other content access technologies. Content owners may require you to
upgrade Marlin Broadband DRM to access their Content. If you decline an upgrade, you will not be able to
access content that requires the upgrade.
ADVERTISEMENTS, SERVICE COMMUNICATIONS
Inclusion of the Service of a Third Party Provider does not mean that Sony approves of, or endorses, or
recommends that Third Party Provider or its Content. You understand and agree that the Services and/or
Content may include advertisements (“Advertisements”), and that these Advertisements are necessary in
order for the Services to be provided. 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 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: (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
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 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.
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
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) 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 providors, licensors and licensees, 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(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 and/or any Indemnified Party without the prior written consent of Sony and/or
Indemnified Party(s).
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 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; JURY TRIAL WAIVER; CLASS ACTION 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.
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 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 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 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 [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 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 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.
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 EULAfor 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 &
Services or this EULA must be commenced within one (1) year after the claim or cause of action arises.
YOU AGREE TO BRING ANY DISPUTES GOVERNED BY THIS EULA IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY REPRESENTATIVE
OR CLASS ACTION. 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.
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 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.
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 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.
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 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.
NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT
This product includes certain open source or other software originating from third parties that is subject to
the GNU General Public License(GPL), GNU Library/Lesser General Public License(LGPL) and different and/
or additional copyright licenses, disclaimers and notices. The exact terms of GPL, LGPL and some other
licenses, disclaimers and notices are reproduced in the menu in this product.
Source code for these executables and libraries can be obtained using the following link:
http://oss.sony.net/Products/Linux/
FEEDBACK
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.
NOTIFICATION OF MP3
MPEG Layer-3 audio coding technology and patents licensed from Fraunhofer IIS and Thomson.
© 2018 Sony Electronics Inc. All Rights Reserved.
4-562-079-14(1)
© 2018 Sony Electronics Inc. All Rights Reserved.
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