Sony Bravia XBR-85X900H Reference Manual page 45

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 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 regu lations 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.
US GOVERNMENT RESTRICTED RIGHTS
The Sony Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by 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 52.22719, and subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software
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 MATTERS ARISING UNDER OR RELATING TO THIS
EULA. 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.
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 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.
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 possible meaning that will be enforced.
ANY DISPUTE THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS
DESCRIBED ABOVE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.
To begin arbitration, either you or we 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
AAl<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 us, 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 we agree differently, the
arbitration will take place in the county and state where you live, and applicable federal or state law shall govern the
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