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PLEASE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OF THE SERVICES.

Terms of Service
Introduction
Thank you for visiting the Sony Creative Software Web site located at http://www.sonycreativesoftware.com/. This site is owned and operated by Sony Creative Software, Inc. ("Sony Creative Software"). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use of the Site Code, the Site Content and the Services (as defined in Sections B and M, respectively, below, and collectively referred to as the "Site"). Your use of the Site signifies your agreement to be bound by these Terms of Service and the Privacy Policy Statement (the "Privacy Policy"), which is hereby incorporated by reference. As used herein, any references to "your" or "you" shall include any authorized user of your Account (as defined in Section F, below).

Sony Creative Software reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, these TOS, and/or the Privacy Policy, in whole or in part, at any time. Changes to these TOS and Privacy Policy will be effective when posted. Sony Creative Software will notify all users by way of announcement on the Site if and when changes are made. You agree to review these TOS periodically to be aware of any changes. Your continued use of the Site after any changes to these TOS are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.


Section A - User Information
By using this Site, (1) you represent and agree that you are bound by these TOS; and (2) you have read the Privacy Policy and consent to the use of your personal information by Sony Creative Software and its affiliates and third party representatives, if any, in accordance with the terms of and for the purposes set forth in the Privacy Policy.

Section B - Ownership And Copyright
All pages within this Site and any material made available for streaming or download are the property of Sony Creative Software, Inc., its subsidiaries, affiliates, vendor or licensors. Sony Creative Software is the exclusive owner and proprietor of the Site. The Site Content and Site code ("Site Code") as they exist on the Site are offered to you by Sony Creative Software for limited use pursuant to these Terms of Service. As used herein, "Site Content" means any and all human readable patent audio and/or visual elements of this Site created or owned by Sony Creative Software, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works, home movies and home digital photography), designs, logos, information and other content made available through the Site by either Sony Creative Software or by Sony Creative Software in concert with third parties. "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, data and other sets of statements and instructions contained in the underlying Site.

The Site Content and Site Code are owned by Sony Creative Software and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted by Sony Creative Software, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link distribute or exploit in whole or in part any Site Content or Site Code. Any violation of copyright laws may result in severe civil and criminal penalties.


All Site Content, including without limitation, the text, images, audio (streaming or downloadable), and video (streaming or downloadable) and any other materials accessed through or made available for use or download through this Site are copyrighted and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of Sony Creative Software.


At any time, Sony Creative Software may, in its sole discretion, make available to users certain software that may be either accessible or downloaded from this Site in addition to being made available through dealers, at retail outlets in various territories or otherwise. In the event you access or download software from this Site or obtain the software from a retail outlet or otherwise, the software, including any files, images incorporated in or generated by the software, data accompanying the software and its associated packaging and documentation, if any (collectively, the "Software"), are licensed to you by Sony Creative Software pursuant to the terms of the Software End User License Agreement for the applicable software title or other such similar license that is made available to you, if any. In the event that Sony Creative Software is the proprietor of the Software, under no circumstances shall title to the Software be transferred to you by Sony Creative Software. You own the medium on which the Software is recorded, but Sony Creative Software retains full and complete title to the Software and all intellectual property rights therein. Please consult the specific End User License Agreement for further information about the terms and conditions of the license you receive for use of any particular software product. Should Sony Creative Software make available for access or download, a third party's software ("Third Party Software") through the Site, your access or download and use of such Third Party Software shall be subject to the terms of use set forth by such Third Party, and any applicable license agreement in connection with its Software. At all times, Sony Creative Software does not grant you the right to: (1) use the Software on more than one computer at a time without purchasing additional licenses; (2) copy the Software (except for one back-up copy); (3) sublicense, lend, lease or otherwise make the Software available to any third party (on the Internet or tangible media, by broadcast or in any other manner); (4) use the Software commercially; (5) modify, adapt, or translate any part of the Software; (6) reverse engineer, decompile or disassemble the Software or otherwise attempt to obtain its source code; (7) remove or alter any copyright, trademark or other proprietary notice contained in the Software; or (8) use the Software in any manner not set forth in this Agreement, elsewhere on the Site or in the Software's documentation.


Section C - License; Restrictions On Use
Sony Creative Software hereby grants you a limited, nonexclusive, nontransferable license to access, use and privately display the Site solely for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you fully comply with the terms of this TOS. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or any prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or other data gathering and extraction tools. You may not frame or utilize framing techniques to use, surround or enclose the Sony Creative Software name, trademarks, service marks, logo, or other proprietary information (including: images, text, page layout, or form) of Sony Creative Software and/or our affiliates or subsidiaries without Sony Creative Software's express written consent. You may not use any meta-tags or any other "hidden text" utilizing Sony Creative Software's name or trademarks without the express written consent of Sony Creative Software.

As a condition of your use of this Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these TOS. If you breach any of these TOS, your authorization to use this Site automatically terminates and civil and criminal penalties may apply.


Section D - Product Descriptions
Sony Creative Software and its affiliates attempt to describe its products as accurately as possible. However, Sony Creative Software does not warrant that the product descriptions or other Site Content is accurate, complete, reliable, current or error-free. If a product offered by Sony Creative Software itself is not as described, your sole remedy is to return it in unused condition.

Section E - Purchases
All items purchased from the Site are made pursuant to a shipping contract. In such event, the risk of loss and title for such items pass to you upon our delivery of your purchase to the carrier.

Section F - Trademark Notice
ACID, ACIDplanet, Batch Converter, CD Architect, DVD Architect, Loops for ACID, Noise Reduction, Screenblast, SIREN, Sound Forge, Super Duper Music Looper, Vegas, Viscosity and the ACIDplanet and Screenblast logos are registered trademarks or trademarks of Sony Creative Software and/or its subsidiaries or affiliates in the United States and other countries. All other trademarks or registered trademarks are the property of their respective owners in the United States and other countries.

The Sony Creative Software trademarks must be used in accordance with the Sony Creative Software, Inc. Trademark Guidelines, may not be used in connection with any product or service other than those of Sony Creative Software, may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Sony Creative Software or the Site. You gain no right to use any Sony Creative Software trademarks or those of any other entity by virtue of your use of this Site.


Section G - Confidential and Proprietary Information/Visitor Submissions
Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Sony Creative Software of the unauthorized access, and assist Sony Creative Software in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity, shall not use such information, shall return such information to Sony Creative Software immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form.

Sony Creative Software is pleased to hear from its customers and welcomes your comments regarding our products and services. These comments should only be submitted to one of the mailboxes available to users of the Site provided for that purpose. All remarks, suggestions, ideas, graphics, or other information communicated to Sony Creative Software through the Site (collectively, the "Submission") will forever be the property of Sony Creative Software. Sony Creative Software will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Sony Creative Software products or operations. Without limitation, Sony Creative Software will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, everywhere. Sony Creative Software will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Sony Creative Software, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.


Section H - Security
In consideration for your use of the Site, you agree to: (1) comply with these TOS, the Community Guidelines (as set forth in section M, below) and the AV Agreement; (2) provide Sony Creative Software with accurate, complete and true information about yourself as required on any registration form throughout the Site (your "Registration Information") in order to create your Account ( as defined in Section M, below); and (3) maintain and update, as applicable, your Account information with current and complete information. Users who violate these TOS, the Service Rules, or provide inaccurate, false, or non-current Account Information may, at Sony Creative Software's sole discretion, have their Account suspended or terminated, and may be permanently banned from using the Site or any or all of the Services.

As part of your Account, you will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your Account. You agree that you will: (1) immediately notify Sony Creative Software of any unauthorized use of your user name or password; and (2) ensure that you properly exit the Site at the completion of your session. Sony Creative Software shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.


USING ANY SERVICE ON THE SITE (INCLUDING BUT NOT LIMITED TO ENTERING THE DISCUSSION FORA) WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF SERVICE AND YOUR COMPLIANCE WITH THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF SERVICE OR THE COMMUNITY GUIDELINES, PLEASE DO NOT USE ANY OF THE SERVICES OFFERED BY Sony Creative Software.


Section I - Forward Looking Statements
The Site may contain forward-looking statements regarding Sony Creative Software's business, customers, partners, future products and services or other factors that may affect future earnings or financial results. Such statements involve risks and uncertainties, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include delays in development, competitive service and product offerings, and lack of market acceptance.

Section J - Disclaimer of Warranties
Sony Creative Software DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE PROVIDED THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE CONTENT, SOFTWARE AND SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND ANY SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS. Sony Creative Software MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Sony Creative Software SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. Sony Creative Software DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.


Sony Creative Software DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT Sony Creative Software SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.


YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY SITE-RELATED SERVICES AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Sony Creative Software OR Sony Creative Software'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.


Section K - Limitation of Liability Regarding Use of Site
Sony Creative Software AND ITS SUBSIDIARIES, AFFILIATES, VENDORS AND/OR LICENSORS AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. THIS LIMITATION APPLIES: (1) WHETHER THE ALLEGED CLAIMS OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY; AND (2) REGARDLESS OF WHETHER OR NOT Sony Creative Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


Section L - Accuracy and Integrity of Information; Availability of Service
Although Sony Creative Software attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. Information contained on the Site may be changed or updated without notice.

Section M - Discussion Fora And Other Interactive Areas
From time to time, Sony Creative Software may make server space available to you for storage of personal media and/or may make fora available to communicate with other Site users. In order to participate in such activities, you will be asked to create a Member Account ("Account").

You may post comments, content, submit suggestions, ideas, questions, or other information to the Site community and its fora and other interactive areas ("Services"), so long as such content complies with the following Community Guidelines. If the terms and conditions of this Agreement are not acceptable to you, you should immediately discontinue your use of these Services.


SERVICE RULES
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account while utilizing the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material to any portion of the Services ("Service Content"). Listed below are some, though not all, violations that may be punishable by law or may also result in Sony Creative Software terminating or suspending your access to the Services.

You agree not to do any of the following actions while using any Services:


  1. Harass, threaten, embarrass or cause distress or discomfort upon another Services participant, user or other individual or entity;
  2. Transmit any content, using any of the Services, that Sony Creative Software and/or any governmental agency considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  3. Cause any Service to be disrupted by uploading, posting, or otherwise transmitting scripts, viruses, or other programs designed to inhibit the functionality of or destroy any software or hardware connected to the Services;
  4. Impersonate in any of the Services any person, including, but not limited to, a Sony Creative Software or Site official, chat or message board leader, guide or host or expert;
  5. Disrupt the normal flow of dialogue in a Sony Creative Software chat room or forum, or otherwise act in a manner that negatively affects other participants;
  6. Post topics unrelated to the specific subject of the forum including but not limited to rumors or speculations about existing or unreleased Sony products, discussions of Sony policy and procedures, and non-constructive complaints or petitions.
  7. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation of a commercial nature while using the Services;
  8. 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 any of the Services;
  9. Invade the privacy or violate any personal or proprietary right of any person or entity; and
  10. Infringe the intellectual property rights or similar rights, including, but not limited to, copyrights and trademarks, of any person or entity.

By posting or uploading Service Content to any Service, you automatically grant (or warrant that the owner of such rights has expressly granted) Sony Creative Software a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, transmit, sub-license, create derivative works from and distribute such materials or incorporate such Services Content into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that the Service Content as uploaded or posted by you does not violate any person's so called "Rights of Authors" or "Moral Rights" (Droit Morale) (or other similar or analogous rights under any applicable laws of any country of the world).


You understand that the uploading to and/or posting of any Service Content using any Service shall not be subject to any obligation of confidence on the part of Sony Creative Software, and Sony Creative Software shall not be liable for any use or disclosure of any Content. Further, the views expressed in the Service Content are not endorsed by Sony Creative Software.


You understand that you are entitled to only one (1) account and you further agree not to create additional accounts.


You agree to indemnify Sony Creative Software and all of its affiliates, subsidiaries and assigns, for any and all claims, damages, losses, and causes of action arising as a result of your posting or uploading and/or exhibiting any Service Content to any Service or your failure to comply with these TOS. While Sony Creative Software does not and cannot regularly review Service Content posted by users of the Site and is not responsible for the content of these submissions, Sony Creative Software reserves the right to delete, move, take down, restrict access to or edit Service Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person's rights of privacy or publicity OR OTHERWISE UNACCEPTABLE and/or violates the terms of these Community Guidelines.


The Site has been designed primarily for personal use and is not is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. Site Accounts are also not intended to be used for FTP (File Transfer Protocol) access and downloading. Accounts for the Site and the features and Services which make up the Site are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them, as described in the Site feature pages. Exceeding any applicable limitation of bandwidth or capacity (for example, "My Files" account space) is prohibited. If there is excess usage on your account or any sub-account, Sony Creative Software reserves the right to temporarily disable access to information available from your account through a URL, or to "bounce" access requests back to senders. Repeated violations may result in termination of your account.


In addition to the Site Account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:

  1. Soliciting for advertisers or sponsors;
  2. Posting sponsorships and third-party advertisements and banners;
  3. Sending unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Site users;
  4. Reselling, renting or subleasing Site space under any circumstances;
  5. Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Site users other than for personal, non-commercial purposes; and
  6. Disseminating multi-level marketing schemes, pyramid schemes, or commercial chain letters.

Section N - Links to our Site
If you desire to provide a hyperlink from your Web site to our Site, you must agree to be bound by the terms of our Hyperlink Agreement.

Section O - Other Business
From time to time, Sony Creative Software may sell products manufactured by other businesses on the Site. We are not responsible for examining or evaluating their products, and we do not warrant their products nor the contents thereof. Sony Creative Software does not warrant to, nor assume any responsibility or liability for the actions, product, and content of their products or respective web sites.

When you access a non-Sony Creative Software site, please understand that it is independent from Sony Creative Software, and that Sony Creative Software has no control over the content on that Web site. In addition, a hyperlink to a non-Sony Creative Software Web site does not mean that Sony Creative Software endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.


Section P - Termination
Sony Creative Software reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause and with or without notice.

Section Q - Statute of Limitations
Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

Section R - Copyright Notice
If you believe that any content on the Site Content or Service Content has been copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
  1. Your name, address, telephone number, and email address;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The exact URL or a description of where the alleged infringing material is located;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. A physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Sony Creative Software, Inc.
16530 Via Esprillo
San Diego, CA 92127
Attn: Copyright Agent, Law Department

By this filing, Sony Creative Software seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17USC section 512c or elsewhere in the law of the United States or any state or territory within the United States.


Section S - Changes in Site Ownership
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of this Site, of any information about you contained in the Site's database(s) to the extent Sony Creative Software assigns its rights and obligations regarding information about you in connection with a merger, acquisition or sale of all or substantially all of Sony Creative Softwares assets to a subsequent owner or operator. In the event of such a merger, acquisition or sale, your continued use of the Site signifies your agreement to be bound by the TOS and Privacy Policy of the Site's subsequent owner or operator. Nothwithstanding the above, you will always have the opportunity to remove any content personal to you prior to, during and after any merger, acquisition or sale of all or substantially all of Sony Creative Software's assets.

Section T - Other
Governing Law, Jurisdiction and Arbitration. These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and Sony Creative Software (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure, provided that (1) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (2) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator (applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the California Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California, without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.

Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.


THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.


Severability. If any provision of the TOS shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.


Export Controls. The Site is controlled and operated by Sony Creative Software from its offices within the State of California, United States of America. Sony Creative Software makes no representation that Site Materials are appropriate or available for use in other locations. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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