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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 (ONLY FOR
UNITED STATES RESIDENTS)
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 (ONLY FOR UNITED
STATES RESIDENTS)
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 (ONLY FOR
UNITED STATES RESIDENTS)
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.
18
EN
REJECTING CHANGES MADE TO THE
DISPUTE PROCEDURES (ONLY FOR UNITED
STATES RESIDENTS)
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 (ONLY FOR UNITED
STATES RESIDENTS)
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.
JURISDICTION, JURY TRIAL WAIVER (ONLY
FOR CANADA RESIDENTS)
The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to 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. This EULA, any disputes or
claims arising out of or related to this EULA and
your relationship with Sony under this EULA, shall
be governed by and construed in accordance with
the laws of the State of California, United States,
without regard to its conflict of laws principles. Any
and all disputes or claims arising out of or relating
to this EULA or your relationship with SONY under
this EULA shall be determined by arbitration in San
Diego, California, before three (3) impartial
arbitrators, in accordance with the laws of the State
of California, United States, without regard to its
conflict of laws principles. If you reside in the United
States, the arbitration shall be administered by
JAMS and the arbitrators shall be selected pursuant
to the rules and procedures of JAMS. If you reside
outside the United States, the arbitration shall be
administered by ICC and the arbitrators shall be
selected pursuant to the rules and procedures of
ICC. The parties shall bear their own costs and
expenses, including attorneys' fees, but the
arbitrators may, in the award, allocate all of the
administrative costs of the arbitration, including the
fees of the arbitrators, against the party who did
not prevail. The decision of the arbitrators shall be
final and non-appealable. Judgment on any award
may be entered in any court having competent
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