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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.
SMALL CLAIMS EXCEPTION
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,
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.
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 DISPUTES IN COURT BEFORE A
JUDGE OR JURY. ANY DISPUTE RESOLUTION
PROCEEDING WILL BE CONDUCTED ONLY ON AN
INDIVIDUAL BASIS, AND BOTH PARTIES AGREE
NOT TO HAVE ANY DISPUTE HEARD AS A CLASS
ACTION, REPRESENTATIVE ACTION,
CONSOLIDATED ACTION, OR PRIVATE
ATTORNEY GENERAL ACTION, UNLESS ALL
PARTIES INVOLVED IN THE DISPUTE
SPECIFICALLY AGREE TO DO SO IN WRITING
FOLLOWING INITIATION OF THE ARBITRATION.
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 30 DAYS
OF THE DATE THAT YOU FIRST USE THE 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 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 and class action waiver if: (1)
you've already begun authorized use of the
SOFTWARE 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.
MISCELLANEOUS
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.
EQUITABLE REMEDIES
Notwithstanding anything contained in this EULA
to the contrary, you acknowledge and agree that
any violation of or non-compliance with this EULA
by you will cause irreparable harm to SONY, 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. SONY may
also take any legal and technical remedies to
prevent violation of and/or to enforce this EULA,
including, but not limited to, immediate
termination of your use of the SOFTWARE, if SONY
believes in its sole discretion that you are violating
or intend to violate this EULA. These remedies are
in addition to any other remedies SONY may have
at law, in equity or under contract.
TERMINATION
Without prejudice to any of its other rights, SONY
may suspend your access or use of the SOFTWARE
and/or terminate this EULA if you fail to comply
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