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mylo® showcase

BY AGREEING TO ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE TO BE AND ARE HEREBY BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWAFE DEVELOPMENT LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE DEVELOPMENT LICENSE AGREEMENT, YOU CANNOT UTILIZE THE SERVICES PROVIDED HEREIN.

Section 1: Terms and Conditions

The terms and conditions below apply to your use of the services listed in Section 3 ("Services") provided by Sony Electronics Inc. ("Sony") with respect to the mylo® Personal Communicator (“mylo”).

Section 2: Acceptance

To receive the Services, please read all the terms and conditions contained herein carefully. By using or viewing this site, you agree to be bound by and accept these terms and conditions. Upon completion of the registration, you will become a participant ("Participant") of Sony’s mylo® Personal Communicator developer site ("Site"), which gives you access to the benefits and services provided hereunder. These terms and conditions are the binding agreement ("License Agreement") between the Participant and Sony.

Section 3: Purpose of Site and Content of the Services

The purpose of this Site is to enable mylo® users and developers to create and maximize the use of widgets with the mylo®. A widget is a mini-application that is also referred to as a gadget or plug-in. Widgets for mylo® are written in HTML and Ajax (Javascript/XML).

Sony may make the following Services available to the Participant:

• Distribution of Technical Information. In order to facilitate the purpose set forth herein, technical information including, but not limited to, sample widgets and other software code and related information (collectively the "Developer Tools"), will be available for download by the Participant after completion of registration of this License Agreement. The contents of the Developer Tools are determined by Sony in its sole discretion and as such may be changed from time to time. Such Developer Tools may include third party (the “Third Party”) technical information including, but not limited to, sample widgets and other software code and related information. Sony may, at its sole discretion, (1) determine the date when each of the Developer Tools is available to download and/or (2) terminate and/or suspend some or all of the Developer Tools download service. Sony reserves all rights in the Developer Tools not expressly granted to the Participant hereunder.
  
  
• Developer Forum. Sony may provide on the Site a developer forum (the “Forum”) where Participants may share information and facilitate discussions about widget creation subject to the terms of this License Agreement and any applicable license agreements. Participants may post information and software code on the Forums.
  
  
• Widget Gallery. The widget gallery section of the Site will enable the upload and distribution of widgets for mylo® users via a gallery. Widgets created by Participants may be uploaded to the Site. Users/non-participants will be able to download widgets. Participants who upload widgets forego any rights in such widgets. Participants and user/non-participants agree that Sony bears no liability for any consequences, direct or indirect, relating to the download of any widgets from the Site.
  
  
• Technical Support. Nothing herein shall require Sony to provide any technical support regarding the Developer Tools, the Site, or mylo® products and accessories.
  
  
• Use of the Site shall be for personal, non-commercial use only.
  
  

Section 5: Forum Terms and Conditions for Use

• As a convenience to its participants, Sony may provide on the Forum, at its sole discretion, bulletin message boards. The Forum is provided by Sony to Participants subject to requirements set forth in this License Agreement and other rules that may be published from time to time by Sony. Sony currently provides the Forum free of charge to Participants but reserves the right to change the nature of this relationship at any time.



• Each Participant is entirely responsible and liable for all activities conducted by the Participant and any authorized user of Participant's registered username/password on the Forum or Site, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material, also considered Participant Content. While Sony does not and cannot review all content posted by Participants in the Forum and is not responsible for the Participant Content of these postings, Sony reserves the right to delete or modify any Participant Content at any time in its sole discretion and presently intends to delete all Participant Content on the Forum after a set time period determined by Sony in its sole discretion. Listed below are some, though not all, violations that may result in Sony deleting/modifying Participant Content on the Forum, terminating or suspending a membership, or limiting a Participant's access to the Forum. Participant agrees not to do any of the following actions while using the Forum:
  
  
• Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;



• Transmit any Participant Content in the Forum that Sony considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;



• Impersonate in the Forum any person, including but not limited to, a Sony official, or message board leader, guide or host;



• Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forum;



• Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Forum;



• Invade the privacy or violate any personal or proprietary right of any person or entity;



• Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;



• Post inaccurate, false or misleading information as Participant; or



• Use the Site for anything other than personal use only.



• Participant agrees to indemnify Sony for any and all claims, damages, losses, and causes of action arising as a result of Participant posting or uploading any Participant Content to the Forum or submitting any Participant Content to Sony.



• Sony may from time to time post its own content on the Forum for Participants' information, instruction, or assistance or to correct inaccuracies of Participants Content posted on the Forum (the "Sony Content"). ALL SONY CONTENT AND PARTICIPANT CONTENT IS PROVIDED ON THE FORUM "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND SONY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE SONY CONTENT OR PARTICIPANT CONTENT WILL MEET A PARTICIPANT'S REQUIREMENTS. FURTHERMORE, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SONY CONTENT OR PARTICIPANT CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, USE WITH FUTURE DEVICES, OR OTHERWISE.

Section 6: Notice of Change

• The Participant shall immediately notify Sony of any changes to the registration information required by Sony upon registration.



• If the Participant fails to notify Sony of the changes as required in (1) above and, as a result, the Participant does not receive a notice from Sony pertaining to this License Agreement in a timely manner (or not at all), the notice shall nonetheless be deemed to be effective with respect to the Participant at such time when the Participant would have received the notice had the Participant advised Sony of the change as required.

Section 7: Termination by the Participant

The Participant may terminate this License Agreement at any time by notifying Sony thereof. This License Agreement shall then terminate at the end of the calendar month in which Sony receives the foregoing termination notice.

Section 8: Termination and/or Suspension of the Services by Sony

• If Sony decides to no longer provide the Services to the Participant, due to (by way of example and not limitation) the Participant's breach of the obligations hereunder, Sony may terminate this License Agreement in whole or in part without requirement of prior notice to the Participant effective immediately.



• Sony may change any part or all of the Services without prior notice to the Participant. Sony intends to post material changes of the Services to the Participant on the Site.



• If Sony decides to no longer operate the Site and/or provide the Services, or any portion thereof, Sony may terminate the Services immediately.



• Sony may suspend and/or terminate the Services, without prior notice to the Participant and without incurring any liability to the Participant:



• For so long as it is performing maintenance of the facilities or equipment for the Services, scheduled or unscheduled;



• Due to acts of God, including flood, fire, lightning, storm, tempest, earthquake, blackout, war and other factors beyond the reasonable control of Sony;



• Where Sony, in its sole discretion, deems suspension of the Services necessary or advisable.

Section 9: Limitation of Liabilities

• Sony is not liable for any disputes between/among the Participants or between the Participant and a third party.



• NOTWITHSTANDING ANYTHING TO THE CONTRARY, SONY IS NOT LIABLE FOR DAMAGES ARISING OUT OF USE, CHANGE, SUSPENSION AND/OR TERMINATION OF THE SERVICES. IN NO EVENT SHALL SONY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES, OR LOST PROFITS, LOSS OF DATA OR LOSS OR USE.



• THE SERVICES, THE DEVELOPER TOOLS AND ALL INFORMATION PROVIDED ON THE SITE BY SONY AND/ OR THE THIRD PARTY ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SONY AND THE THIRD PARTY SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Section 10: No Use of Sony Trademarks and Logos

The Participant acknowledges and agrees that Sony or its affiliates is the sole owner of all trademark rights in the marks Sony and mylo® and any other marks identified by Sony as its trademarks on Sony websites and products and that the Third Party is the sole owner of all trademark rights in the marks the Third Party and any other marks identified by the Third Party as its trademarks on Sony websites and products. Participant agrees to do nothing inconsistent with such ownership. Participant acknowledges that this License Agreement does not grant any rights to use any of the foregoing trademarks or any other trademark or logo of Sony, any of its affiliates or the Third Party, even if such marks are included in any materials provided to Participant pursuant to this License Agreement. Participant agrees not to adopt, use or register any corporate name, trade name, trademark, service mark or certification mark, or other designation similar to, or containing in whole or in part, any of the foregoing Sony trademarks or the Third Party’s trademarks. Participant agrees not to use "Sony", "mylo", other Sony trade names, or the Third Party’s trade names as part of Participant's corporate name, trade name, product names or domain names either during the term of this License Agreement or afterwards.

Section 11: Independent Contractor

The parties undertake their respective obligations under this License Agreement as independent contractors. This License Agreement does not, and is not intended to, create any employment, agency, distributorship, franchise, joint venture, legal partnership or other similar legal relationship between Sony and Participant. Neither party will have any right or authority to act on behalf of, or to bind, the other party and neither party will represent to any third party that it has such right or authority.

Section 12: Non-Exclusive

This License Agreement is not exclusive in any respect. Each party may enter into similar agreements with other parties. Participant acknowledges that Sony intends to enter into similar agreements with other parties who may compete directly or indirectly with Participant or Participant's products and services. In the absence of a separate written agreement to the contrary, Sony will be free to use any information or Participant Content provided by Participant to Sony for any purpose.

Section 13: Export

Participant acknowledges that the export or reexport of any product or material Participant receives pursuant to this License Agreement may be subject to the Export Administration Regulations of the U.S. Department of Commerce. Participant warrants and represents that Participant shall strictly comply with all applicable export and import laws by agencies of the U.S. Government which prohibit export or diversion of any product or material Participant receives to certain countries and persons. Participant agrees to not assist or participate in any such diversion or any other violation of applicable U.S. laws and regulations relating to export or reexport of any product or material received pursuant to this License Agreement.

Section 14: No Assurances

Sony makes no representation or warranty that any Developer Tools available to Participants will include any development assistance or that such will be offered for future Sony products and accessories yet to be announced.

Section 15: Assignment

• The Participant may not assign or pledge the rights and obligations under this License Agreement.



• Sony reserves the right to assign this License Agreement including all the rights and obligations of Sony arising out of this License Agreement to any party.

Section 16: Entire Agreement, Changes of the Terms and Conditions

This License Agreement is the entire understanding between Sony and Participant with respect to the subject matter hereof. Sony may change the terms and conditions hereof by notifying the Participant as provided in Section 6 herein. Further use of this Site and the Services after the effective date of notice shall constitute the Participant's acceptance of the changes in the terms or conditions hereof.

Section 17: Privacy Policy

The privacy policy applies to the information which the Participant provides during registration or otherwise provides Sony through the Site, the Forum, and the Services. The Participant hereby consents to receiving from Sony email notices as necessary pursuant to this License Agreement.

Section 18: Notice/Jurisdiction

This License Agreement shall be interpreted in accordance with the laws of the State of Delaware, U.S.A., excluding its choice of law provisions. Any dispute arising out of this License Agreement shall be subject to the exclusive venue of the state and federal courts of New York City, New York, 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 LICENSE AGREEMENT.