Sony BRAVIA XBR-75X940E Reference Manual page 36

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 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 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 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 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.
Despite the above, you have the right to litigate any Dispute in small claims court or other similar court
of limited jurisdiction in the United States, 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.
Despite any1hing to the contrary in this EULA, you may reject changes made to the binding arbitration
provision if: (1) you've already begun authorized use of the Sony Product 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.
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.
Notwithstanding the foregoing to the contrary, either party may initiate litigation immediately with
respect to any matter arising out of or in connection with this Agreement for which equitable relief (or
an equivalent type of urgent legal relief) is sought. You agree that any violation of or non-compliance
with any term or condition this EULA by you will constitute an unlaw1ul and unfair business practice,
and will cause irreparable harm to Sony, its affiliates or third party licensors 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. These remedies are in addition to
any other remedies that may be available to Sony under contract, at law or in equity.
NOTICES AND LICENSES FOR SOFTWARE USED IN THIS PRODUCT
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://oss.sony.neVProducts/Linux/
FEEDBACK
Should you have any questions concerning this EULA, you may contact Sony by writing to Sony
Technical Response Center, 12451 Gateway Boulevard, Fort Myers, Florida 33913, USA.
© 2016 Sony Electronics Inc. All Rights Reserved.