Sony FMP-X10 - Manual

END USER LICENSE AGREEMENT
FOR CERTAIN SOFTWARE AND SERVICE TO BE USED
WITH YOUR SONY PRODUCT
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 or Sony’s applicable privacy policy, 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 unwilling to allow you to access the
Sony Services & Content (as defined below), and you should 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.
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 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 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://www.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 affiliates of Sony Corporation and/or third parties that you
access may also allow affiliates of Sony Corporation and/or third parties to collect
data about you and/or about the use of that service. Sony Corporation 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
(“Materials”), including any selections, comments, data, questions, suggestions, or the
like, all such Materials are, and will be treated as, non-confidential and non-
proprietary. 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.
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
Corporation 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 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) 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
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 OTHERWISE, OF ANY KIND. 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 SOFTWARE,
MEDIA ON WHICH THE 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.
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.
4-543-795- 11(1) © 2014 Sony Corporation Printed in Japan