END USER LICENSE AGREEMENT
Last Updated: 2024-08
IMPORTANT:
BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE SOFTWARE
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA, IN PARTICULAR LIMITATIONS ON LIABILITY. IF YOU DO NOT
AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.
This EULA is a legal agreement between (i) you and any entity you represent (if any) (collectively “you”) and (ii) Sony Electronics Inc. (“SONY”). This EULA governs your rights and obligations regarding the software of SONY and/or its third party licensors (including, but not limited to, SONY’s affiliates) and their respective affiliates (collectively, the “THIRD-PARTY SUPPLIERS”), together with any updates/upgrades, any printed, on-line or other electronic documentation for such software and any data files, each provided by SONY or the THIRD-PARTY SUPPLIERS through the product packaging, SONY’s websites or other relevant online means, or created by operation of such software (collectively, the “SOFTWARE”).
Notwithstanding the foregoing, any software in the SOFTWARE having a separate end user license agreement (including, but not limited to, GNU General Public license and Lesser/Library General Public License) shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“EXCLUDED SOFTWARE”).
SOFTWARE LICENSE
The SOFTWARE is licensed, not sold. The SOFTWARE is protected by copyright and other intellectual property laws
and international treaties.
COPYRIGHT
All right and title in and to the SOFTWARE (including, but not limited to, any images, photographs, animation,
video, audio, music, text and “applets” and other content incorporated into the SOFTWARE) is owned by SONY or
one or more of the THIRD-PARTY SUPPLIERS.
GRANT OF LICENSE
SONY grants you a limited, non-exclusive, non-transferable license to use the SOFTWARE solely in connection with
your compatible device (including, but not limited to, SONY’s products which the SOFTWARE is embedded in or
bundled with) (“DEVICE”) solely in accordance with this EULA and the usage instructions as may be made available
to you by SONY or the THIRD-PARTY SUPPLIERS. If you are a consumer, the foregoing license is for your personal
and domestic use only; if you are a business customer, it is for your internal business use only. SONY and the
THIRD-PARTY SUPPLIERS expressly reserve all rights, title and interest (including, but not limited to, all
intellectual property rights) in and to the SOFTWARE that this EULA does not specifically grant to you.
REQUIREMENTS AND LIMITATIONS
You shall not, nor shall you cause or permit any third party to, take any of the following actions:
EXCLUDED SOFTWARE AND OPEN SOURCE COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include 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. If and to the extent disclosure is required, please visit oss.sony.net/Products/Linux or other
SONY-designated web site for a list of applicable OPEN SOURCE COMPONENTS included in the SOFTWARE 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
EXCLUDED SOFTWARE, 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 EXCLUDED SOFTWARE prohibit any of the restrictions in this EULA with respect
to such EXCLUDED SOFTWARE, such restrictions will not apply to such EXCLUDED SOFTWARE. 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.
USE OF SOFTWARE WITH COPYRIGHTED MATERIALS
The SOFTWARE may be capable of being used by you to view, store, process and/or use content created by you
and/or third parties. Such content may be protected by copyright, other intellectual property laws, and/or
agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to
such content. You acknowledge and agree that SONY may take appropriate measures to protect content stored,
processed or used by the SOFTWARE. Such measures include, but are not limited to, refusal to accept your request
to enable backup and restoration of content through certain SOFTWARE features, and termination of this EULA in
the event of your illegitimate use of the SOFTWARE.
THIRD-PARTY CONTENTS AND SERVICES
PLEASE NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH THIRD-PARTY CONTENTS AND/OR SERVICES. USE OF SUCH
CONTENTS AND/OR SERVICES MAY BE SUBJECT TO THE TERMS OF USE STIPULATED BY THIRD PARTIES. IF YOU DECLINE TO
ACCEPT THOSE TERMS, YOUR USE OF THE SOFTWARE WILL BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN CONTENTS
AND SERVICES AVAILABLE THROUGH THE SOFTWARE MAY BE PROVIDED BY THIRD PARTIES OVER WHICH SONY HAS NO CONTROL.
SONY ASSUMES NO LIABILITY TO YOU FOR ANY SUCH CONTENTS OR SERVICES. THE THIRD-PARTY CONTENTS AND/OR SERVICES MAY
BE MODIFIED OR DISCONTINUED AT ANY TIME.
INTERNET CONNECTIVITY
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 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 your
responsibility or that of the third party providing such service.
EXPORT AND OTHER REGULATIONS
You agree to comply with all applicable 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 any destination, entity or person 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 (b) (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., 16535 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”). To the extent permitted by applicable laws, 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
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES, SO THE EXCLUSIONS SET FORTH BELOW IN THIS SECTION MAY
NOT APPLY TO YOU AND NOT EXCLUDE, RESTRICT OR MODIFY YOUR RIGHTS TO THE EXTENT THEY ARE CONTRARY TO APPLICABLE
LAW IN YOUR JURISDICTION.
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, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SONY DOES NOT WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED OR UNMODIFIED, (B) THAT THE SOFTWARE WILL BE UPDATED OR CORRECTED, (C) THAT THE SOFTWARE AS USED BY ITSELF OR IN CONJUNCTION WITH OTHER DEVICES, SYSTEMS OR NETWORKS WILL BE COMPLETELY SECURE AGAINST CYBER THREATS, (D) THAT ANY SOFTWARE, CONTENTS, SERVICES OR PRODUCTS (OTHER THAN THE SOFTWARE) UPON WHICH THE SOFTWARE’S PERFORMANCE DEPENDS WILL CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR AN AUTHORIZED REPRESENTATIVE OF SONY SHALL CREATE A WARRANTY, DUTY OR CONDITION.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE LIMITATIONS SET FORTH BELOW IN THIS SECTION MAY
NOT APPLY TO YOU AND NOT EXCLUDE, RESTRICT OR MODIFY YOUR RIGHTS TO THE EXTENT THEY ARE CONTRARY TO APPLICABLE
LAW IN YOUR JURISDICTION OR LIMITS LIABILITY TO THE EXTENT IT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
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, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR 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 LOSSES OR 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, SONY’S PRODUCT WHICH THE SOFTWARE IS EMBEDDED IN OR BUNDLED WITH AND/OR SONY’S SERVICE TO WHICH THE SOFTWARE IS DEDICATED.
AUTOMATIC UPDATE FEATURE
From time to time, SONY or the THIRD-PARTY SUPPLIERS may automatically update or otherwise modify the SOFTWARE
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. SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of
such update or modifications. You are solely responsible for any consequences resulting from your failure to use
the latest version of the SOFTWARE that SONY has made available to you. Any updates/modifications shall be
deemed to be, and shall constitute part of, the SOFTWARE for purposes of this EULA.
ENTIRE AGREEMENT, WAIVER, SEVERABILITY
This EULA (and SONY’s applicable privacy policy separately presented to you, if any), as amended and modified
from time to time, constitute the entire agreement(s) 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.
GOVERNING LAW AND JURISDICTION
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the SOFTWARE
or this EULA. 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. This
EULA shall be governed by the laws of the State of Delaware (USA), without regard to conflict of laws
provisions.
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 16535 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.
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 terminate this EULA if you fail to comply with any of its
terms. In case of such termination, you must: (i) cease all use, and destroy any copies, of the SOFTWARE; (ii)
comply with the requirements in the section below entitled “Your Account Responsibilities”.
AMENDMENT
SONY RESERVES THE RIGHT TO AMEND ANY OF THE TERMS OF THIS EULA AT ITS SOLE DISCRETION BY POSTING NOTICE ON A
SONY DESIGNATED WEB SITE, BY EMAIL NOTIFICATION TO AN EMAIL ADDRESS PROVIDED BY YOU, BY PROVIDING NOTICE AS PART
OF THE PROCESS IN WHICH YOU OBTAIN UPGRADES/UPDATES OR BY ANY OTHER LEGALLY RECOGNIZABLE FORM OF NOTICE. If you
do not agree to the amendment, you should promptly contact SONY for instructions. Your continued use of the
SOFTWARE after the effective date of any such notice shall be deemed your agreement to be bound by such
amendment.
THIRD-PARTY BENEFICIARIES
Each THIRD-PARTY SUPPLIER 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 of such party.
YOUR ACCOUNT RESPONSIBILITIES
Should you return your DEVICE to its place of purchase, sell or otherwise transfer your DEVICE, or if this EULA
is terminated, you are responsible for and must, if reasonably possible, uninstall the SOFTWARE from the DEVICE
and delete any and all accounts you may have established on DEVICE or are accessible through the SOFTWARE. You
are solely responsible for maintaining the confidentiality of any accounts you have with SONY or third parties
and any usernames and passwords associated with your use of the DEVICE.
Should you have any questions concerning this EULA, you may contact SONY by writing to SONY at: Sony Electronics Inc., 16535 Via Esprillo, San Diego, CA 92127.
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