- APP License from Sony.
- Open Source Notice.
- Use of the APP by You.
- Your MESH Credentials.
In order to gain access or use the APP, you may be required to establish an account for which you must provide Sony with true, accurate, current, and complete information about yourself and maintain/promptly update such information. You agree that you are responsible for maintaining the confidentiality of any MESH credentials that may be issued to you by Sony (including any ID and password) or which you may choose yourself and that you will be solely responsible for all usage of these credentials.
- Privacy and Information.
- Third Party Software for the Sony Platform.
- Using Sony APIs.
If you use any API to retrieve data from Sony, you acknowledge that the data may be protected by intellectual property rights which are owned by Sony or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional terms of service. You may not share, modify, rent, lease, loan, sublicense, sell, assign, transfer, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant terms of service.
- Disclaimer of Warranties.
SONY AND ITS LICENSORS DO NOT PROMISE THAT THE APP (INCLUDING ITS FUNCTIONALITY OR FEATURES), OR INFORMATION THAT YOU RECEIVE FROM SONY WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND FROM SONY. SONY CANNOT ENSURE THAT ANY FILES, INFORMATION OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, AND SONY AND ITS LICENSORS DISCLAIM ANY LIABILITY RELATED THERETO. YOUR USE OF THE APP AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. SONY AND ITS LICENSORS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT AND ALL WARRANTIES AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN ARTICLE 42 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE, AND/OR ANY OTHER COMPARABLE STATUTE. YOUR SOLE REMEDY AGAINST SONY AND ITS LICENSORS FOR DISSATISFACTION WITH THE APP IS TO STOP USING IT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SONY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, ITS SUBSIDIARIES AND AFFILIATES, ITS LICENSORS, OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION. You understand that Sony is under no obligation to provide updates, enhancements, or corrections, or to notify you of any product or service changes that Sony may make, or to publicly announce or introduce the product(s) or service at any time in the future.
- Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SONY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU ARISING FROM OR RELATED TO THIS LICENSE AGREEMENT OR THE APP UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL WHETHER OR NOT SONY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES AND LOSSES. 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 in the event but only to the extent of any such disallowance.
- Sony Independent Development.
- Encryption; Export Control.
THE APP IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE APP. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. Without limiting the generality of the foregoing, you may not use or otherwise export or re-export the APP except as authorized by United States law and the laws of the jurisdiction in which the APP was obtained. In particular, but without limitation, the APP may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the APP, you represent and warrant that you are not located in any such country or on any such list. The APP may contain encryption technology. You acknowledge that any export of software containing encryption technology from the United States or subsequent re-export of such software or content 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 APP containing encryption technology and acquired from Sony is not intended for use by a foreign government end user. You also agree that you will not use the APP for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
- Government Use.
The APP is provided with RESTRICTED RIGHTS. Use, duplication or disclosure of the APP, in whole or part, 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., 16535 Via Esprillo, San Diego, California 92127.
- General Legal Terms.
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 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 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.