6
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 Pany 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
acti
vities
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 terms
of
this EULA, Sony
grants you a nonexclusive, nontransferable, limited right to
use the BRAVIA® Internet Video feature to access the
Services and the Content as set forth in this EULA. You
further agree not to interruptldisrupt orattempt to interrupti
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 Pany Providerfor the panicular Service.
If you are unable to contact such Third
Pany
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 propcrty owner, its agent, or the law; and
(I) 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,
clo Sony Electronics Inc.,
16530 Via Esprillo, San Diego, CA 92127; Facsimile (858)
942-9123; E-MaillPagent@am.sony.com.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sony
and all of its agents, directors, officers, employees,
information
providers,
licensors
and
ficensees, affiliates,
content providers, and direct and indirect parent(s)
(collectively, "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, orthe 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 Pany(s). You
and your counsel will cooperate as fully as reasonably
required by the Indemnified Pany(s)
in
defense or
settlement
of
any claim. Sony and/or Indemnified Pany(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 orany Indemnified Party without the prior written
consent
of
Sony and/or Indemnified Pany(s).
AUTOMATIC UPDATE FEATURE
I MODIFICATION OF EULA AS
TO SERVICES
From time totime, Sony or third panies 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/
orthe Content at any time without prior notice to you. Any
such
additions,
changes,
or
removals
or
any
terms
posted
in
the BRAVIA® Internet Video feature shall apply as
soon as they are posted. By continuing to 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
CONTENTSERVICES, THE CONTENT, ANDIOR THE
SONY CONTENT IMMEDIATELY UPON NOTICE IF
YOU FAIL TO COMPLY WITH THE TERMS AND
CONDITIONS
OF
THIS EULA. Sony may takeany 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.
I
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
othelWise
in
violation of
any
such
restrictions
or
regulations.
US GOVERNMENT RESTRICTED
RIGHTS
The Sony Software is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure hy 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
ComputerSoftware 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 MA
TIERS
ARISING
UNDER OR RELATING TO THIS EULA. Any cause of
action you may have with respect to the Services must be
commenced
within
one
(I)
year
afler
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 SonySoftware,
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
pan
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 otherparts 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 pany.
EXCLUDED SOFTWARE
Excluded Software included in the Sony Product is not
subject to this EULA. Please refer to the section
of
this
booklet entitled "Notices and Licenses for Excluded
Software Used in this product" for a list
of
the applicable
software and terms and conditions governing the use
of
such Excluded Software.
TERM
This EULA is effective until terminated. Sony may
terminate this EULA immediately if you fail to comply
with its terms
by
gi
ving 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.
Should you have any questions concerning this EULA, you
may contact Sony by writing to Sony Electronics Inc.
16530 Via Esprillo, San Diego, California 92127
U.S.A.
Si
VOllS avez des questions
concernant
ce
CLU,
VOllS
pouvez
communiquer
avec
S~:my
en
ecrivant
~
~ony
Electronics Inc. A
_16530
Via Esprillo, San Diego,
Californie 92127 E.-U.
7
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