Sony SRS-ZR7 Operating Instructions Manual - Page 5

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Sony SRS-ZR7 Operating Instructions Manual

4-589-726-11(1)

English

END USER LICENSE AGREEMENT

IMPORTANT:

BEFORE USING THIS DEVICE, PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA")

CAREFULLY. BY USING THIS DEVICE YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU

DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THIS DEVICE.

This EULA is a legal agreement between you and Sony Electronics Inc. ("SONY"). This

EULA governs your rights and obligations regarding the software of SONY and/or its third

party licensors (including SONY's affiliates) and their respective affiliates (collectively, the

"THIRD-PARTY SUPPLIERS") for this device (SONY's audio device, this "DEVICE"), together

with any updates/upgrades provided by SONY, any printed, on-line or other electronic

documentation for such software, and any data files 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.

All right and title in and to the SOFTWARE (including, but not limited to, any images,

photographs, animation, video, audio, music, text and "applets" 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 license to use the SOFTWARE solely in connection with this

DEVICE and only for your individual, non-commercial use. 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 may not copy, publish, adapt, redistribute, attempt to derive source code, modify,

reverse engineer, decompile, or disassemble any of the SOFTWARE, whether in whole or

in part, or create any derivative works from or of the SOFTWARE unless such derivative

works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with

any digital rights management functionality of the SOFTWARE. You may not bypass,

modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any

mechanisms operatively linked to the SOFTWARE. You may not separate any individual

component of the SOFTWARE for use on more than one DEVICE unless expressly

authorized to do so by SONY. You may not remove, alter, cover or deface any trademarks

or notices on the SOFTWARE. You may not share, distribute, rent, lease, sublicense,

assign, transfer or sell the SOFTWARE. The software, network services or other products

other than SOFTWARE upon which the SOFTWARE'S performance depends might be

interrupted or discontinued at the discretion of the suppliers (software suppliers, service

suppliers, or SONY). SONY and such suppliers do not warrant that the SOFTWARE,

network services or other products will continue to be available, or will operate without

interruption or modification.

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 the

include, but are not limited to, counting the frequency of your backup and restoration

through certain SOFTWARE features, refusal to accept your request to enable restoration

of data, and termination of this EULA in the event of your illegitimate use of the

SOFTWARE.

CONTENT SERVICE

PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED TO BE USED WITH CONTENT

AVAILABLE THROUGH ONE OR MORE CONTENT SERVICES ("CONTENT SERVICE"). USE OF

THE SERVICE AND THAT CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THAT

CONTENT SERVICE. IF YOU DECLINE TO ACCEPT THOSE TERMS, YOUR USE OF THE

SOFTWARE WILL BE LIMITED. YOU ACKNOWLEDGE AND AGREE THAT CERTAIN CONTENT

AND SERVICES AVAILABLE THROUGH THE SOFTWARE MAY BE PROVIDED BY THIRD

PARTIES OVER WHICH SONY HAS NO CONTROL. USE OF THE CONTENT SERVICE REQUIRES

AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE DISCONTINUED AT ANY TIME.

INTERNET CONNECTIVITY AND THIRD PARTY SERVICES

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 third party 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 the sole responsibility of the third party

providing such service.

EXPORT AND OTHER REGULATIONS

You agree to comply with all 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 a prohibited country or otherwise

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 (c) (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., 16530 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"). 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

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,

NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT

WARRANT OR MAKE ANY CONDITIONS OR REPRESENTATIONS (A) THAT THE FUNCTIONS

CONTAINED IN ANY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THEY

WILL BE UPDATED, (B) THAT THE OPERATION OF ANY OF THE SOFTWARE WILL BE

CORRECT OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED, (C) THAT THE

SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, HARDWARE OR DATA, (D) THAT

ANY SOFTWARE, NETWORK SERVICES (INCLUDING THE INTERNET) OR PRODUCTS (OTHER

THAN THE SOFTWARE) UPON WHICH THE SOFTWARE'S PERFORMANCE DEPENDS WILL

CONTINUE TO BE AVAILABLE, UNINTERRUPTED OR UNMODIFIED, AND (E) REGARDING THE

USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS,

ACCURACY, RELIABILITY, OR OTHERWISE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR AN AUTHORIZED

REPRESENTATIVE OF SONY SHALL CREATE A WARRANTY, DUTY OR CONDITION OR IN ANY

WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE

DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR

CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

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 OR CONSEQUENTIAL 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 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 THIS DEVICE. SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE

ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION

DATA, DATA SECURITY

You acknowledge and agree that SONY and its affiliates, partners and agents may read,

collect, transfer, process and store certain information collected from the SOFTWARE,

including but not limited to information about (i) the SOFTWARE and (ii) the software

applications, contents and peripheral devices that interact with your DEVICE and the

SOFTWARE ("Information"). Information includes, but is not limited to: (1) unique

identifiers relating to your DEVICE and its components; (2) performance of the DEVICE,

the SOFTWARE and their components; (3) configurations of your DEVICE, the SOFTWARE

and the software applications, contents and peripheral devices that interact with the

DEVICE and the SOFTWARE; (4) use and frequency of use of the functions of (x) the

SOFTWARE, and (y) the software applications, contents and peripheral devices that

interact with the SOFTWARE; and (5) location data, as indicated below. SONY and its

affiliates, partners and agents may use and disclose Information subject to applicable

laws in order to improve its products and services or to provide products or services to

you. Such uses include, but are not limited to: (a) administering the functionalities of the

SOFTWARE; (b) to improve, service, update or upgrade the SOFTWARE; (c) improving,

developing and enhancing the current and future products and services of SONY and

other parties; (d) to provide you with information about the products and services offered

by SONY and other parties; (e) complying with applicable laws or regulations; and (f) to

the extent offered, providing you with location-based services of SONY and other parties,

as indicated below. In addition, SONY retains the right to use Information to protect itself

and third parties from illegal, criminal or harmful conduct.

Certain services available through the SOFTWARE may rely upon location information,

including, but not limited to, the geographic location of the DEVICE. You acknowledge

that for the purpose of providing such services, SONY, the THIRD-PARTY SUPPLIERS or

their partners may collect, archive, process and use such location data, and that such

services are governed by the privacy policies of SONY or such third party. By using any

such services, you agree that you have reviewed the privacy policies applicable to such

services and consent to such activities.

SONY, its affiliates, partners and agents will not intentionally use Information to

personally identify the owner or user of the SOFTWARE without your knowledge or

consent. Any use of Information will be in accordance with the privacy policies of SONY or

such third party. SONY's current privacy policy is located at: www.sony.com/selprivacy.

Please contact applicable third parties for privacy policies relating to personally

identifiable and other information you provide when you use or access third party

software or services.

Information may be processed, stored or transferred to SONY, its affiliates or agents

which are located in countries outside of your country of residence. Data protection and

information privacy laws in certain countries may not offer the same level of protection

as your country of residence and you may have fewer legal rights in relation to

Information processed and stored in, or transferred to, such countries. SONY will use

reasonable efforts to take appropriate technical and organizational steps to prevent

unauthorized access to or disclosure of Information, but does not warrant it will eliminate

all risk of misuse of such Information.

AUTOMATIC UPDATE FEATURE

From time to time, SONY or the THIRD-PARTY SUPPLIERS may automatically update or

otherwise modify the SOFTWARE, including, but not limited to, for purposes of

enhancement of security functions, error correction and improvement of functions, at

such time as you interact this DEVICE 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. You

acknowledge and agree that such activities may occur at SONY's sole discretion and that

SONY may condition continued use of the SOFTWARE upon your complete installation or

acceptance of such update or modifications. Any updates/modifications shall be deemed

to be, and shall constitute part of, the SOFTWARE for purposes of this EULA. By

acceptance of this EULA, you consent to such update/modification.

ENTIRE AGREEMENT, WAIVER, SEVERABILITY

This EULA and SONY's privacy policy, each as amended and modified from time to time,

together constitute the entire agreement 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. The United Nations Convention on Contracts for the International

Sale of Goods shall not apply to the SOFTWARE or this EULA. Furthermore, 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.

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 16530 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., 16530 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 delete any and all

accounts you may have established on DEVICE or are accessible through this DEVICE. 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., 16530 Via Esprillo, San Diego, CA 92127.