Sony IER-M7 In-Ear Monitor Headphones User Manual

Page 23

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.,
16535 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 or suspend your
access or use of the SOFTWARE
and/or 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, AND/OR 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
uninstall the SOFTWARE from
the DEVICE and delete any and