Sony KDL-55W805B - Manual (Page 2)

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.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof is furnished on media, Sony warrants that for a period of ninety (90) days from the date of original
purchase by you, the media on which the Sony Software is furnished to you will be free from defects in materials and workmanship under normal use. This
limited warranty extends only to you as the original licensee. Sony’s entire liability and your exclusive remedy will be replacement of the media not meeting
Sony’s limited warranty. ANY IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF ORIGINAL PURCHASE BY YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS,
SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
FEES
Sony and its Third Party Providers reserve the right at any time to charge fees for access to new Content or new Services or to portions of the existing
Content or Services, or the Services as a whole. In addition, Third Party Providers may charge fees for access to their Content. In no event will you be
charged for access to any portion or all of the Content and/or the Services unless Sony and/or a Third Party Provider obtain your prior agreement to pay
such charges. If you do not consent to such charges, however, you may not have access to paid Content or Services for which such charges apply.
INTELLECTUAL PROPERTY / NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Sony respects the intellectual property rights of others, and we ask you to do the same. It is Sony’s policy, at its discretion as appropriate, (a) to terminate
and/or disable the Content of Third Party Providers or users of the Services who may infringe or repeatedly infringe the copyrights or other intellectual
property rights of Sony, its Third Party Providers or others; and/or (b) to forward reports of intellectual property rights violations to Third Party Providers and
others for review and action per the terms of such Third Party Provider’s procedures for protection of intellectual property rights. The Sony Software and
Content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. There may be
proprietary logos, service marks, trademarks, likenesses, and trade names found in the Sony Software, the Content, or on the Services. By making the Sony
Software and Content available on the Services, Sony and the Third Party Providers are not granting you any licence 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 Party 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 activities 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 Sony Entertainment Network feature to access the Services and the Content as set forth in this EULA. You further agree not to
interrupt/disrupt or attempt to interrupt/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 Party Provider for the particular Service. If you are unable to contact such Third Party Provider, or the content at issue
is Sony’s, you may contact Sony (the contact point of which is described in the documents accompanying with Sony Product) 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 property owner, its
agent, or the law; and (f) 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.
INDEMNIFICATION
To the maximum extent as permitted under the applicable law, you agree to indemnify, defend, and hold harmless Sony and all of its agents, directors,
officers, employees, information providers, licensors and licensees, 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, or the Content. To the maximum extent as permitted under the applicable law, 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 Party(s).
You and your counsel will cooperate as fully as reasonably required by the Indemnified Party(s) in defense or settlement of any claim. Sony and/or
Indemnified Party(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
or any Indemnified Party without the prior written consent of Sony and/or Indemnified Party(s).
AUTOMATIC UPDATE FEATURE / MODIFICATION OF EULA AS TO SERVICES
From time to time, Sony or third parties 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/or the Content at any time
without prior notice to you. Any such additions, changes, or removals or any terms posted in the Sony Entertainment Network 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 CONTENT SERVICES, THE CONTENT, AND/OR THE SONY CONTENT IMMEDIATELY UPON
NOTICE IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS EULA. Sony may take any 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.
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 your residence or subsequent re-export of such software by a person located outside of your residence might require a licence
or other authorization from any governmental authority. By accepting this licence agreement, you agree to abide by all applicable 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 otherwise in violation of
any such restrictions or regulations.
JURY TRIAL WAIVER
EVEN IF TRIAL BY JURY MAY BE ADOPTED UNDER THE APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS
ARISING UNDER OR RELATING TO THIS EULA TO THE MAXIMUM EXTENT AS PERMITTED UNDER THE APPLICABLE LAW. Any cause of action you may have with
respect to the Services must be commenced within one (1) year after the claim or cause of action arises to the maximum extent as permitted under the
applicable law. Some jurisdictions do not allow limitations on the time for commencement of actions (or prescribe a longer period), so this limitation may
not apply to you.
ENTIRE AGREEMENT, NOTICE, WAIVER, SEVERABILITY AND JURISDICTION
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 Sony Software, 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 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. To the
extent permissible by law, this agreement shall be governed by and construed in accordance with the laws of Japan.
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 party.
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.
NOTICES AND LICENCES FOR SOFTWARE
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://www.sony.net/Products/Linux/