Sony XBR-75Z9D Reference Manual page 32
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TERM
This EULA is effective until terminated
.
Sony may terminate this EULA immediately if you fail to
comply with its terms by giving you
notice.
In such event, you must destroy the Sony Software and
accompanying documentation, and all copies you have made of them. In addition, upon termination
you will have no recourse against
Sony,
its
affiliates,
its Third Party
Licensors,
or
its
Third Party
Providers for your inability to use the Sony Software or the accompanying
documentation,
the
Services,
or the Content.
DE-REGISTRATION OF YOUR DEVICE
Should you return your Sony Product to its place of
purchase,
transfer your Sony Product in
accordance with this
EULA,
or if this EULA is terminated
,
you agree
to:
(i) de-register the Sony
Product by deleting any and all accounts you may have established on or have accessed through the
Sony
Product;
and (ii) reset the Sony Product to its original factory
settings.
YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY ACCOUNTS YOU HAVE WITH
THIRD PARTIES AND ANY USERNAMES AND PASSWORDS ASSOCIATED WITH YOUR USE OF THE
SONY PRODUCT.
RESOLVING DISPUTES; ARBITRATION; SMALL CLAIMS WAIVER
This EULA will not be governed or interpreted in any way by referring to any law based on the Uniform
Computer Information Transactions Act (UCITA) or any other act derived from or related to
UCITA.
Further, the United Nations Convention on Contracts for the International Sale of Goods shall not apply
to this
EULA.
If a Dispute
arises,
you agree to first give notice to us by contacting Sony Electronics
Inc.
at 16530 Via
Esprillo, San Diego, California
92127,
Attn
:
Legal
Department,
and engaging in good faith negotiations
to attempt to resolve any Dispute for at least 14 days, except that you or Sony (or any of its affiliates)
may skip this informal negotiation procedure for Disputes
enforcing,
protecting, or concerning the
validity of intellectual property
rights.
"Dispute"
is defined as any
disagreement,
cause of
action,
claim,
controversy,
or proceeding between you and any Sony entity related to or arising out of the Sony
Product, Sony Software, Sony Services & Content or this EULA. Dispute is to be given the broadest
possible meaning that will be
enforced.
ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS
DESCRIBED ABOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.
To begin
arbitration,
either you or we must make a written demand to the other for
arbitration.
The
arbitration will take place before a single
arbitrator.
It will be administered in keeping with the
Expedited Procedures of the Commercial Arbitration
Rules,
and the Supplementary Proceedings for
Consumer-Related disputes when applicable ("Rules") of the American Arbitration Association ("AAA")
in effect when the claim is filed. You may get a copy of AAA's Rules by
contacting
AAA at (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 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
Techn ical Response
Center,
12451 Gateway
Boulevard,
Fort
Myers.
Florida
33913, USA.
©
2015 Sony Electronics Inc. All Rights Reserved.
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