Send from PC to TV End User License Agreement
BETA SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT - YOUR INSTALLATION ON TO YOUR COMPUTER OF THIS BETA SOFTWARE ACCOMPANYING THIS LICENSE CONSTITUTES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT AGREE TO THESE LICENSE TERMS, DO NOT INSTALL THIS BETA SOFTWARE ON TO YOUR COMPUTER.
This beta software End User License Agreement ("EULA") is a legal agreement between you and Sony Electronics Inc. ("Sony"), the licensor of the beta software, which shall be referred to as the Sony Software. The Sony Software is intended to enable you, the user, to be able to send video data through your BRAVIA® Internet Video Link product ("BIVL") to your Sony Television. This EULA covers the Sony Software and that of Sony’s third party licensors ("Third Party Licensors") and accompanying printed or online documentation. The Sony Software includes the software, including any updates or modified software, provided to you by Sony, whether stored on media, downloaded to your computer via any method. By using the Sony Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Sony is unwilling to license the Sony Software to you, and you should not install the Sony Software.
The Sony Software is beta code, is believed to contain defects, and is not at the level of performance or compatibility of a final, generally available product offering. Sony provides no customer support for the Sony Software. The Sony Software enables you, the user, to choose video which may be viewed on your BIVL-enabled Sony Television. Only certain types of video will work with BIVL. You must review the video requirements listed on the Sony BIVL Registration site as well as comply with all terms and conditions applicable to the internet site where the video is obtained.
SOFTWARE LICENSE
The Sony Software is licensed, not sold. Sony and its Third Party Licensors grant you a limited license to use the Sony Software for its intended purpose. 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 transfer any of your rights under this EULA to the Sony Software (including any copies, component parts, any media, printed materials, any versions or any upgrades of the Sony Software, or this EULA). Sony and its Third Party Licensors retain all rights that this EULA does not expressly grant to you.
COPYRIGHT
The Sony Software is protected by copyright laws and international copyright treatises, as well as other intellectual property laws and treaties. All title and copyright in and to the Sony Software, and all copies of the Sony Software, are owned by Sony or its Third Party Licensors.
EXCLUSION OF WARRANTY
THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. SONY AND ITS THIRD PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDNG BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SONY AND ITS THIRD PARTY LICENSORS DO NOT WARRANT THAT THE SONY SOFTWARE OR THE ACCOMPANYING DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SONY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, SONY AND ITS THIRD PARTY LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE INCLUDING INTENDED FUNCTIONALITY WITH THE SONY TELEVISION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY OR ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF USE OF THE SONY SOFTWARE OR SONY TELEVISION WITH WHICH IT MAY BE USED, DOWN TIME AND YOUR TIME, LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SONY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SONY SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE FURNISHED TO YOU FOR USE AT YOUR OWN RISK. SONY AND ITS THIRD PARTY LICENSORS WILL NOT BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SONY SOFTWARE OR THE SONY TELEVISION WITH WHICH THE SONY SOFTWARE MAY BE USED.
Some jurisdictions may not allow exclusions or limitations of incidental or consequential damages, 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 its delivery to 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 AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. 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.
AUTOMATIC UPDATE FEATURE
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.
SOFTWARE DATA COLLECTION AND MONITORING
The Sony Software contains features which may allow Sony and/or third parties to collect data from, control and/or monitor the Sony Television and other devices running or interacting with the Sony Software. You hereby consent to such activities. Sony’s current privacy policy is located at http://products.sel.sony.com/SEL/legal/privacy.pdf. Please contact applicable third parties for privacy policies related to their software and services
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 may contain encryption technology. You acknowledge that any export of Sony Software 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 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 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 52.227 19, 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.
GOVERNING LAW, VENUE, JURY TRIAL WAIVER
This EULA will be governed by the laws of the State of California, United States of America, without regards to its conflicts of laws provision. Any dispute arising out of this EULA shall be subject to the exclusive venue of the state and federal courts of San Diego County, California, and the parties hereby consent to the venue and jurisdiction of such courts. THE PARTIES HERETO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS EULA.
SEVERABILITY
If any part of this EULA is held invalid or unenforceable, the other parts will remain valid.
THIRD PARTY BENEFICIARIES
Each Third Party Licensor 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.
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 or its licensors for your inability to use the Sony Software or the accompanying documentation.