tinyML IMX500 Evaluation Kit End User License Agreement

PARTICIPANT LICENSE TERMS

IMPORTANT NOTICE – PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE LICENSED ITEMS THAT YOU ARE LICENSING AND ARE A LEGAL AGREEMENT BETWEEN YOU AND SONY ELECTRONICS, INC. THESE TERMS AND CONDITIONS TAKE EFFECT WHEN YOU CLICK THE “ACCEPT” OR SIMILAR BUTTON OR CHECK BOX PRESENTED WITH THESE TERMS AND CONDITIONS, OR, IF EARLIER, WHEN YOU USE ANY PART OF THE LICENSED ITEMS, IN EITHER CASE YOUR ACTION WILL DECLARE THAT YOU AGREE TO THESE TERMS AND CONDITIONS

PLEASE BE AWARE THAT ARTICLE 10 OF THESE TERMS EXPLAINS HOW CLAIMS BETWEEN YOU AND SONY WILL WORK. PLEASE REVIEW ARTICLE 10 BELOW CAREFULLY, BECAUSE IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH SONY IN FINAL AND BINDING ARBITRATION WITH ONLY A FEW EXCEPTIONS. THIS MEANS THAT YOU ARE VOLUNTARILY GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE WITH US BE DECIDED BY A JUDGE OR JURY IN A COURT OF LAW. YOU ARE ALSO GIVING UP YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AND CLASS ARBITRATIONS. BY AGREEING TO THESE TERMS, YOU ARE TELLING US THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME NECESSARY TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Participant License Terms ("License Agreement" or "Agreement") prescribe the terms and conditions related to the granting of rights to access and use the applicable Licensed Items by Sony Electronics, Inc. (“Sony”). These Participant License Terms, together with the terms in the IMX500 Evaluation Program Participation Agreement ("Evaluation Agreement"), and the Privacy Policy (located at https://developer.sony.com/legal-information/privacy-policy) govern your use of the Licensed Items.

If you do not agree to this Agreement, the Evaluation Agreement, and the Privacy Policy, then you may not access or use the Licensed Items. You also agree to comply with all terms and policies referenced in this Agreement, or presented to you while using the Licensed Items that you specifically agree to in order to use or access certain functionality of the Licensed Items ("Supplemental Terms"). Once you agree to any Supplemental Terms, they will be automatically incorporated into this Agreement.

The Licensed Items may display, include or make available data, information, content, documentation, software, tools, models, projects, download areas, communication forums, products, services and other materials provided by a third party or provide links to certain third-party websites (“Third-Party Materials”). You may also be able to use certain Third-Party Materials in connection with the Licensed Items. If you access or use any Third-Party Materials, such Third-Party Materials are subject to terms and conditions of the applicable third party ("Third Party Terms and Conditions"). If you agree to Third-Party Terms and Conditions or Sony notifies you of Third-Party Terms and Conditions, you must use the applicable Third-Party Materials in accordance also with those Third-Party Terms and Conditions. Neither Sony nor our affiliates are responsible or liable for Third-Party Materials or Third-Party Terms and Conditions or actions taken under the Third-Party Terms and Conditions. Further, by using the Third-Party Materials, you acknowledge and agree that Sony is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials, third-party websites, or for any other materials, products, or services of third parties.

The details and specifications of the Licensed Items are determined at Sony's sole discretion and may be subject to changes, additions and termination from time to time. Accordingly, Sony may revise this Agreement from time to time to reflect any changes of the Licensed Items, to how we operate or changes in relevant laws. If Sony makes changes, Sony will give you notice by sending you an email. Usually, the amended Agreement will be effective immediately (but sometimes Sony might say they will take effect on a specific future date), and if you continue using Licensed Items after Sony provides you notice, that means you agree to the changes. If you do not agree to the changes, you must stop using the Licensed Items. It is your responsibility to check your email from time to time so you are aware of any changes because they will be binding on you if you continue to use the Licensed Items.

Please read this Agreement carefully before accessing or using the Licensed Items. Because it is such an important contract between us and our licensees, we have tried to make it as clear as possible.

Table of Contents

Article 1 Definitions
Article 2 Grant of Licenses and Ownership
Article 3 Term and Termination
Article 4 Confidentiality
Article 5 Disclaimer of Warranty and Indemnification
Article 6 Limitation of Liability
Article 7 Restrictions on Use
Article 8 Compliance with Laws and Regulations
Article 9 Communications
Article 10 Disputes
Article 11 Trademarks
Article 12 Miscellaneous
Article 13 Country-Specific Terms

Article 1 Definitions

Capitalized terms used in this Agreement have the meaning set forth below, as defined in this Agreement or as set forth in the Evaluation Agreement:

  1. “Confidential Information” means information related to this Agreement provided to the Participant that Sony has marked as confidential, or that would reasonably be considered to be confidential based upon the circumstances at the time of disclosure and the nature of the information, irrespective of the mode of medium of disclosure.
  2. “Intellectual Property Rights” means any and all intellectual property rights, including patent rights, inventions, utility model rights, design rights, industrial design rights, trademark rights, copyrights and related rights, database rights, knowhow and confidential information, trade secrets, trade marks (whether registered or unregistered) and related goodwill, trade names (whether registered or unregistered), rights to apply for registration, extensions and renewals, and any other rights relating to legally protected interests related to intellectual property and/or of a similar nature or having an equivalent effect anywhere in the world which currently exist or are recognized in the future.
  3. “Licensed Documents” means any manual for the Licensed Hardware or Licensed Software, or any other document separately provided by Sony in connection with the Program and all updates thereto.
  4. “Licensed Hardware” means any hardware (including but not limited to the General Purpose Input/Output (GPIO) extension board, and Type 2A camera module) provided by Sony to Participant under the Evaluation Agreement in connection with the Program.
  5. “Licensed Items” means collectively, the Licensed Hardware, Licensed Software, Sony’s online Developer World portal, and the Licensed Documents. Licensed Items do not include Third-Party Materials.
  6. “Licensed Software” means (a) software (including but not limited to the SDSP Converter and IMX500 camera firmware) provided by Sony to Participant through Sony’s online Developer World portal, (b) any SaaS solutions (including but not limited to Packager) that Sony makes available to Participant, in connection with the Program, and (c) all access credentials or other keys to access, download or use the applicable software or SaaS solution in accordance with this Agreement.

Article 2 Grant of Licenses and Ownership

  1. License Grant. Subject to the terms and conditions of this Agreement and the Evaluation Agreement, Sony hereby grants to Participant a revocable, non-exclusive, non-transferable, non-sublicensable license during the term of this Agreement to access and use the Licensed Items for internal evaluation purposes only unless stated otherwise in the Evaluation Agreement.
  2. Open Source. Portions of the Licensed Items may include software that has licensing conditions set forth by a party holding the rights to the software other than Sony (including GNU General Public license (GPL) and Lesser/Library General Public License (LGPL)) (“Non-Applicable Software”). You must comply with all of the licensing conditions set forth by the rights holders when using the Non-Applicable Software. Sony makes no representations with regard to such Non-Applicable Software and disclaims any and all liability arising out of or related to the Non-Applicable Software. Participant represents and warrants that it will at all times remain compliant with the license terms and restrictions of the Non-Applicable Software it makes use of through the Participant’s use of the Licensed Items.
  3. Ownership by Sony. You agree that, as between the parties, Sony retains all right, title and interest, including all patent, copyright, trademark, trade secret and other Intellectual Property Rights, in and to Licensed Items, any and all related and underlying technology and documentation, and any and all derivative works, modifications, or improvements of any of the foregoing (collectively, “Sony Technology”).
  4. Assignment to Sony. To the extent that you acquire any right, title or interest, including any Intellectual Property Rights, in any Sony Technology, you hereby irrevocably and unconditionally assign, transfer and convey to Sony, or its designee, and you will promptly make full written disclosure to Sony of and to hold in trust for the sole right and benefit of Sony in perpetuity, without further consideration, all of your right, title and interest throughout the world, including all Intellectual Property Rights, in and to any and all Sony Technology. Such assignment, transfer and conveyance to Sony shall not be terminated nor Sony's right, title and interest in and to the Sony Technology waived by Sony for any failure of Sony to exercise such rights, in whole or in part. You hereby waive and irrevocably quitclaim to Sony or its designee any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Sony Technology.
  5. Ownership by You. You will retain all right, title and interest, including all patent, copyright, trademark, trade secret and other Intellectual Property Rights, in and to any AI models that you create using the Licensed Items, but excluding any underlying, embedded, integrated, or derivatives of, Sony Technology.
  6. Feedback. Your suggestions, ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations and all other feedback for Sony's products or services, including through participation in the Program (“Feedback”) shall be the exclusive property of Sony. You hereby irrevocably and unconditionally assign, transfer and convey to Sony, or its designee, and you will promptly make full written disclosure to Sony of and to hold in trust for the sole right and benefit of Sony in perpetuity, without further consideration, all of your right, title and interest throughout the world, including all Intellectual Property Rights, in and to any and all Feedback. Such assignment, transfer and conveyance to Sony shall not be terminated nor Sony's right, title and interest in and to the Feedback waived by Sony for any failure of Sony to exercise such rights, in whole or in part. You hereby waive and irrevocably quitclaim to Sony or its designee any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Feedback. Nothing in this Agreement, the Evaluation Agreement, or in the parties’ dealings arising out of or related to this Agreement or the Evaluation Agreement will restrict Sony's right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. Participant also agrees not to make any claim that Sony is violating any Moral Rights of the Participant by using the Feedback.
  7. User Content.
    1. Ownership. As between you and Sony, all images, audio, text, data, information, software and other materials that you provide to Sony, post, upload, or otherwise transmit through your use of the Licensed Items ("User Content") belongs to you. Sony does not have any liability or responsibility for User Content and makes no warranties as to its contents. You may not post or make available any confidential or sensitive information when using the Licensed Items. For the avoidance of doubt, User Content does not include Feedback.
    2. License to Sony. You hereby grant to Sony, its affiliates, and legal successors a non-exclusive, worldwide, royalty-free, fully paid up, irrevocable, sub-licensable, perpetual license to use, copy, store, archive, modify, process, parse, distribute, and display User Content as necessary to provide the Licensed Items.
    3. Warranty. By agreeing to this Agreement, you represent and warrant to Sony that you own or control all rights to User Content, and have the right to grant the licenses set out above. SONY WILL NOT BE LIABLE TO PARTICIPANT, OR ANYONE ELSE FOR ANY OF THE USER CONTENT.
    4. Removal. Sony may disclose or remove User Content from the Licensed Items if required by law or to respond to government requests. Sony may remove User Content and usage data from the Licensed Items immediately upon termination of this Agreement in accordance with the Privacy Policy.
  8. Moral Rights. Any and all assignments of Sony Technology and licenses of User Content includes all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”). If any Intellectual Property Rights, including Moral Rights, in the Sony Technology cannot (as a matter of applicable law) be assigned to Sony, then (a) you hereby irrevocably waive the enforcement of such rights and all claims of any kind against Sony with respect to such rights, and (b) to the extent you cannot (as a matter of applicable law) make such waiver, you, hereby grant to Sony, without further consideration, an exclusive, perpetual, transferable, irrevocable, fully-paid license, throughout the world, with the right to sublicense through multiple levels of sub-licensees, under any and all such rights to (i) reproduce, create improvements and derivative works of, distribute, publicly perform, publicly display, transmit, and otherwise use the Sony Technology in any medium or format, whether now known or hereafter discovered, (ii) use, make, have made, sell, have sold, offer to sell, market, promote, import, and otherwise exploit any product or service, in whole or in part, based on, embodying, incorporating, or derived from the Sony Technology, and (iii) exercise any and all similar present or future rights in the Sony Technology. In addition, you hereby irrevocably waive the enforcement of such rights and all claims of any kind against Sony with respect to any Moral Rights to User Content and to the extent you cannot (as a matter of applicable law) make such waiver, you, hereby grant to Sony, its affiliates, and legal successors, without further consideration, rights Sony needs to use User Content without attribution and to make reasonable adaptations of User Content as necessary to provide, update, enhance or create derivative works of the Licensed Items.
  9. No Implied License. Except for the express limited rights set forth in this Agreement, no right, title or interest in any Sony Technology is granted to Participant. Participant may NOT use the Licensed Items for any reason unless Sony specifically says so in this Agreement. Unless Sony has granted you a specific right in this Agreement, any and all rights to the Licensed Items and Sony Technology are reserved by Sony or the applicable third-party owner.

Article 3 Term and Termination

  1. Term. This Agreement shall be effective upon Participant's agreement to the terms and conditions of this Agreement or upon Participant's first use of the Licensed Items, whichever is first, and shall continue for six (6) months unless terminated earlier in accordance with the terms of this Agreement.
  2. Termination by Participant. Participant may terminate this Agreement by contacting Sony.
  3. Termination by Sony. Sony may terminate your access to any portion of the Licensed Items (a) immediately, if Sony has reason to believe, in its sole discretion, that Participant, User Content, or the use of the Licensed Items breaches this Agreement, and (b) otherwise in Sony's sole discretion.
  4. Suspension by Sony. Sony may, at any time and without cause, immediately suspend, change, limit or discontinue provision of any of the Licensed Items or your access to any of the Licensed Items in its sole discretion and without liability. If Sony does, it will not be liable to Participant, or anyone else for any of such change, suspension, or discontinuance, including income or the ability to generate revenue through the use of the Licensed Items.
  5. Effect of Termination. Upon expiration or termination of this Agreement for any reason, Participant may: (1) use the General Purpose Input/Output (GPIO) extension board for other purposes; and (2) use the Type 2A camera module subject to the conditions and limitations of this Agreement, which shall survive to apply to such use. However, Participant may no longer use and shall delete all other Licensed Items, including Licensed Software, as well as any and all Sony Confidential Information. Furthermore, Participant may lose all information associated with its use of the Licensed Items on termination. However, as further set forth in the Privacy Policy, Sony may retain and use User Content as necessary to comply with Sony's legal obligations, resolve disputes, and enforce Sony's agreements.
  6. Survival. Even if this Agreement expires or is terminated due to any other reason, the provisions of the following articles will remain in effect: Article 1 (Definitions); Sections 2 through 9 of Article 2 (Grant of License); Sections 5 through 6 of Article 3 (Term and Termination); Article 4 (Confidentiality); Article 5 (Disclaimer of Warranty and Indemnification); Article 6 (Limitation of Liability); Article 7 (Restrictions on Use); Article 8 (Compliance with Laws and Regulations); Article 10 (Disputes); Article 11 (Trademarks); and Article 12 (Miscellaneous).

Article 4 Confidentiality

  1. The Participant shall treat Sony's Confidential Information with the same degree of care as it would treat its own Confidential Information, but not less than a reasonable degree of care. Participant may not modify or delete any intellectual property or proprietary rights legend appearing in Sony's Confidential Information.
  2. Notwithstanding the provisions of the preceding paragraph, Sony Confidential Information does not include information, data or materials that, as proven by appropriate written record:
    1. that was already lawfully known to the Participant at the time of disclosure;
    2. becomes publicly known after its disclosure through no act or omission on the part of the Participant and no violation of any obligation of nondisclosure by any third party; or
    3. that was independently developed by the Participant irrespective of the Confidential Information of Sony.
  3. Participant may disclose Sony's Confidential Information to the extent that the disclosure of such Confidential Information is required by a government agency or in accordance with applicable laws and regulations, on the condition that the following measures are taken:
    1. reasonable efforts are made to provide prior written notification to Sony of the request and the reason for Participant's disclosure of the Confidential Information; and
    2. reasonable measures are taken to ensure that the confidentiality of disclosed Confidential Information is maintained.
  4. If Confidential Information is divulged, lost, damaged, destroyed, stolen, or fraudulently used, or any other circumstances arise wherein an obligation borne by the Participant under this Article 4 is breached or if the Participant becomes aware that a risk of breach exists, the Participant shall immediately notify Sony.

Article 5 Disclaimer of Warranty and Indemnification

  1. THE LICENSED ITEMS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE BUT NOT LIMITATION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONY DOES NOT MAKE, AND DISCLAIMS ALL CONDITIONS, WARRANTIES, UNDERTAKINGS, OR OTHER TERMS WHICH MIGHT HAVE EFFECT BETWEEN THE PARTIES IN RELATION TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, NOR MAY ANY CONDITION, WARRANTY, UNDERTAKING, OR OTHER TERM BE IMPLIED BY ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. ALSO, SONY MAKES NO WARRANTY ABOUT THE DATA, INFORMATION, CONTENT, SOFTWARE, PROGRAMS, PROJECTS, FEATURES, MATERIALS, TOOLS, PRODUCTS, AND SERVICES PROVIDED THROUGH THE LICENSED ITEMS, AND SONY DOES NOT GUARANTEE THAT THE LICENSED ITEMS WILL BE UNINTERRUPTED OR FREE OF ERRORS OR HARMFUL DEFECTS (INCLUDING VIRUSES), OR THAT USING THE SONY APPLICATIONS WILL ACHIEVE ANY PARTICULAR RESULT. PARTICIPANT IS USING THE LICENSED ITEMS AT ITS OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO WHERE PROHIBITED.
  2. THE LICENSED ITEMS MAY CONTAIN OR PROVIDE ACCESS TO DATA, INFORMATION, CONTENT, DOCUMENTATION, SOFTWARE, TOOLS, MODELS, DOWNLOAD AREAS, COMMUNICATION FORUMS, PROJECTS, PRODUCTS, SERVICES AND OTHER MATERIALS FROM THIRD PARTIES AND MAY CONTAIN OR PROVIDE LINKS TO OTHER WEBSITES. BY DOING SO, NEITHER SONY NOR ITS AFFILIATES OR LICENSORS ENDORSE OR GUARANTEE THEM IN ANY WAY, NOR IS SONY RESPONSIBLE FOR THEM IN ANY WAY, INCLUDING EXAMINING OR EVALUATING THOSE OFFERINGS. IT IS PARTICIPANT’S RESPONSIBILITY TO CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER TERMS AND CONDITIONS OF USING THEIR DATA, INFORMATION, CONTENT, DOCUMENTATION, SOFTWARE, TOOLS, MODELS, DOWNLOAD AREAS, COMMUNICATION FORUMS, PROJECTS, PRODUCTS, SERVICES AND OTHER MATERIALS. SONY DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, FOR THE ACCURACY, SECURITY OR ANY OTHER MATTERS RELATING TO THE CONTENT OF ANY THIRD-PARTY WEBSITE, PRODUCT OR SERVICE THAT PARTICIPANT ACCESSES VIA LINKS FROM THE LICENSED ITEMS. SUBJECT TO ARTICLE 6, SECTION 3, NEITHER SONY NOR ITS AFFILIATES, OR LICENSORS WILL BE LIABLE FOR LOSSES OR ANY OTHER RESULTS DUE TO THE USE OF DATA, INFORMATION, CONTENT, DOCUMENTATION, SOFTWARE, TOOLS, MODELS, DOWNLOAD AREAS, COMMUNICATION FORUMS, PROJECTS, PRODUCTS, SERVICES AND OTHER MATERIALS OF ANY THIRD PARTY BY PARTICIPANT.
  3. SUBJECT TO ARTICLE 6, SECTION 3, NEITHER SONY NOR ITS AFFILIATES, OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR LOSSES ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PARTICIPANT OR OTHER THIRD PARTY.
  4. Warranties. Participant represents and warrants as follows:
    1. The data, including any User Content uploaded to the Licensed Items by the Participant: (i) does not infringe, misappropriate, or violate any third party’s rights, including Intellectual Property Rights, trade secrets, reputation, privacy, portrait rights, publicity rights, and ownership rights, (ii) does not violate guidelines provided by Sony, and (iii) does not violate any laws or regulations; and Participant has all rights necessary to upload, use, and license such data in accordance with the terms of this Agreement. Sony bears no liability to supervise or manage data uploaded by the Participant or any other liability related thereto;
    2. The Participant who signs this Agreement on its behalf has the right, power and authority to contractually bind the signing party;
    3. It has no agreement or understanding with any third party that will conflict with its performance under the Agreement;
    4. It has and will maintain all licenses, permits and authorizations necessary to grant the rights and licenses herein;
    5. In entering into the Agreement, it does not rely on any promise, statement, representation or warranty (whether in writing or not) of any person (whether party to the Agreement or not) relating to the subject matter of the Agreement, other than as stated in the Agreement; and
    6. It has acquired and will acquire all rights necessary for Sony's (i) use and ownership of any Sony Technology in accordance with the Agreement, and (ii) use of any User Content.
  5. Support. Sony has no obligation to provide support to the Participant. However, Sony may, at its own discretion, provide bug fixes, updates, and modified versions related to the Licensed Items. In that case, the Licensed Items to which those bug fixes, updates, or modified versions have been applied are also included in the definition of the Licensed Items under this Agreement. Sony is under no obligation to provide any such fixes at any time.
  6. If a dispute (including disputes related to uploading data to the Licensed Items) arises between Sony, Sony Group Corporation, a company affiliated thereto, an officer, an employer, an agent, a subcontractor, a sales company, or a general consumer thereof (collectively, “Party Eligible For Compensation”) and a third party in relation to use of the Licensed Items by the Participant, Sony shall notify the Participant to that effect, and the Participant shall, at its expense, defend, indemnify and hold harmless the Party Eligible For Compensation and resolve the dispute; if the Party Eligible For Compensation incurs damage, losses, fines, liability, charges, expenses, outgoings or costs, in each case of any nature or kind (“Losses”) (including attorneys’ fees), the Participant shall provide compensation for that damage to the Party Eligible For Compensation; provided, however, that this does not apply if the dispute was solely caused by Sony.
  7. Participant shall, at its expense, defend, indemnify and hold harmless any Party Eligible for Compensation, from and against all Losses arising out of or related to the User Content and any and all breaches of this Agreement, the Evaluation Agreement and/or the Privacy Policy, including arising out of or in connection with any unauthorized use of any of the Licensed Items, whether during term of this Agreement or otherwise.
  8. If any disputes arise due to infringement of a third party’s rights (including Intellectual Property Rights, trade secrets, reputation, privacy, portrait rights, publicity rights, and ownership rights) or other reasons between Participant and any third party in relation to the use of the Licensed Items, Participant shall bear the costs and responsibility of resolving said disputes, and Sony shall bear no liability whatsoever. Moreover, Participant shall be liable for any Losses suffered by any Party Eligible For Compensation due to said disputes. Except to the extent directly attributable to a material breach of the Agreement by Sony, the Participant shall indemnify the Party Eligible For Compensation for any and all Losses suffered or incurred by the Party Eligible For Compensation in connection with any dispute between the Party Eligible For Compensation and a third party due to the infringement of a third party’s rights or for any reason with respect to the use of the Licensed Items by a Participant.

Article 6 Limitation of Liability

  1. PARTICIPANT UNDERSTANDS AND AGREES THAT, SUBJECT TO SECTION 3 BELOW, SONY WILL NOT BE LIABLE TO PARTICIPANT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE, USE, GOODWILL, REPUTATION OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER ARISING, SUFFERED BY PARTICIPANT IN CONNECTION WITH THIS AGREEMENT OR PARTICIPANT'S ACCESS TO OR USE OF ANY PORTION OF THE LICENSED ITEMS, EVEN IF SUCH LOSSES WERE FORESEEABLE OR SONY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES, INCLUDING ANY AND ALL LOSSES THAT RESULT FROM:
    1. THE USE, DISCLOSURE, OR DISPLAY OF USER CONTENT;
    2. PARTICIPANT'S USE OR INABILITY TO USE ANY PORTION OF THE LICENSED ITEMS;
    3. ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE LICENSED ITEMS;
    4. THE LICENSED ITEMS;
    5. UNAUTHORIZED ACCESS TO OR ALTERATIONS OF PARTICIPANT TRANSMISSIONS OR DATA;
    6. STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE LICENSED ITEMS;
    7. ANY OTHER USER INTERACTIONS THAT PARTICIPANT INPUTS OR RECEIVES THROUGH PARTICIPANT'S USE OF THE LICENSED ITEMS;
    8. USE OF ANY LICENSED ITEMS AFTER EXPIRATION OR TERMINATION OF THE AGREEMENT; OR
    9. ANY OTHER MATTER RELATING TO THE LICENSED ITEMS.
  2.  SUBJECT TO SECTION 3 BELOW, SONY'S AGGREGATE LIABILITY IN CONTRACT (INCLUDING LIABILITY FOR BREACH), TORT (INCLUDING NEGLIGENCE), BREACH OF ANY STATUTORY DUTY, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), RESTITUTION OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
  3. THE LIMITATIONS AND EXCLUSIONS IN THIS ARTICLE AND ELSEWHERE IN THE TERMS OF THIS AGREEMENT APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  4. SONY'S LIABILITY IS LIMITED WHETHER OR NOT SONY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  5. SONY WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO A FORCE MAJEURE EVENT.

Article 7 Restrictions on Use

  1. You must not attempt, perform, or assist or encourage third parties to attempt or perform any of the following actions:
    1. Except to the extent that such restrictions are prohibited by law, decompile, disassemble, reverse engineer, or analyze the Licensed Items or any other similar act thereon (including disassembling or circumventing content protection, access control, or any other function, as well as intentionally making use of a defect in the Licensed Items);
    2. Violate this Agreement;
    3. Intentionally analyze or restore the network structure by inferring AI and analyzing the output in relation to the input; restoring information that includes learning data or restoring learning-use parameters; or divulging any of those;
    4. Access or use any portion of the Licensed Items by unauthorized means;
    5. Access the source code or machine-learning processes of the Licensed Items;
    6. Modify all or any portion of the Licensed Items;
    7. Use of open-source software (including software licensed based on a GPL, LGPL, or Apache License) in a manner that would (a) create an obligation to disclose or distribute source code of all or part of the Licensed Items or of any derivative thereof; (b) restrict the exercising of rights relating to the Licensed Items by Sony or any of its affiliates; or (c) cause all or a part of the Licensed Items to be affected by the licensing conditions applicable to the open-source software;
    8. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Licensed Items without Sony's express written permission;
    9. Distribute or sell (or making a proposal to distribute or sell) any portion of the Licensed Items, either alone or as incorporated into a product;
    10. Allow a party other than the Participant to use the Licensed Items;
    11. Use any portion of the Licensed Items in a manner that breaches any matter stated in a manual or any other Sony provided documentation;
    12. Provide Sony with personal data except as expressly requested by Sony in writing;
    13. Upload any User Content to the Licensed Items that infringes, misappropriates or violates any Intellectual Property Rights, any other law or regulation, an agreement executed with a third party, or the Intellectual Property Rights of any third party, in any manner;
    14. Use the Licensed Items for a criminal purpose;
    15. Infringe on rights or legally protected interests of Sony or of a third party (including the Intellectual Property Rights, trade secrets, reputation, privacy, image rights, publicity rights, and ownership rights);
    16. Impersonate any person or entity, including any Participant or any of our employees, whether through false association with us, by fraudulently misrepresenting your identity or purpose, or otherwise;
    17. Use Sony servers for any form of excessive automated bulk activity, place undue burden on Sony servers through automated means, or relay any form of unsolicited advertising or solicitation through Sony servers;
    18. Misuse any personal information of a third party;
    19. Extract any information from the Licensed Items via automated process, including by bot, web crawler, scraping, or attempting any other data mining or similar extraction methods; or
    20. Access or use any of the Licensed Items to build a similar or competitive product or service or otherwise engage in competitive analysis or benchmarking.
  2. The Participant represents and warrants that the Licensed Items will not be used to design, develop, manufacture, modify, use, or store Arms and that no actions will be taken that might cause a breach of trade control or economic sanctions implemented by the United Nations, Japan, the USA, the European Union, or any other country or region under jurisdiction thereof. “Arms” means products, software, technologies, or services designed for combat attack (i.e. killing or destruction) or that could be diverted and employed for combat attack, including parts, accessories and/or software specially designed for any such products, software, technologies or services. Arms include (a) any types of guns (including hunting guns and sport guns) and any telescopic sights for any such guns, (b) tanks, battleships, submarines and fighters (including attack helicopters), (c) explosives, (d) biological or chemical weapons, (e) missiles, (f) unmanned aerial vehicles equipped with offensive weapons (including dissemination feature of biological or chemical weapons), and (g) devices or programs specially designed for guidance or attitude control of the items described above.

Article 8 Compliance with Laws and Regulations

Participant will comply with all laws and regulations in connection with Participant's access and use of the Licensed Items and Sony Technology. These laws include local, state, federal, and international laws that apply to Participant’s use of the Licensed Items. Participant will not use the Licensed Items or Sony Technology to engage in any criminal activity, whether directly or indirectly (for example, assisting someone else).

Article 9 Communications

  1. General Notifications From Us. A communication from Sony will be considered officially received it is emailed to Participant.
  2. Contact Sony. For any concerns or questions about this Agreement or the Licensed Items, please contact Sony here
    https://developer.aitrios.sony-semicon.com/en/contact-us-en/.

Article 10 Disputes

  1. Disputes With Other Users.
    1. Participant hereby agrees to release Sony (including Sony's affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, and suppliers) from any and all liability arising out of or related to any disputes between Participant and other users of the Licensed Items.
    2. Participant also agrees to give up any and all rights it may have under California Civil Code Section 1542 (or similar laws in other jurisdictions), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
  2. Disputes with Us.
    1. Governing Law. This Agreement and any and all Disputes (as defined below) arising out of its subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted in accordance with the laws of the State of Delaware, excluding that body of law related to choice of laws and the United Nations Convention on Contracts for the International Sale of Goods. Participant hereby submits to the exclusive jurisdictions and venue described in this Article for purposes of any action or proceeding. “Dispute” is defined as any disagreement, cause of action, claim, controversy, or proceeding between you and Sony related to or arising out of this Agreement. Dispute is to be given the broadest possible meaning that will be enforced. ANY “DISPUTE” THAT IS NOT RESOLVED THROUGH THE INFORMAL NEGOTIATION PROCESS DESCRIBED BELOW SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION.
    2. Informal Dispute Resolution. If a Dispute arises, you agree to first give notice to Sony and engage in good faith negotiations to attempt to resolve any Dispute for at least sixty (60) days, except that you or Sony (or any of its affiliates) may skip this informal negotiation procedure for Dispute enforcing, protecting, or concerning the validity of Intellectual Property Rights.
    3. Binding Arbitration. If the parties don’t reach an agreed upon solution pursuant to the dispute-resolution contemplated in Article 10, Section 2(b) of this Agreement, you and Sony each agree that any Dispute arising out of or relating to the Licensed Items, or this Agreement or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one arbitrator. The arbitrator will be mutually selected by the parties. The seat of the arbitration shall be Delaware. The arbitrator must be a retired federal or state judge who worked as a judge in the state where the arbitration will take place, and must also be experienced with the subject matter of the arbitration. If, after 60 days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition a court with proper jurisdiction to appoint an arbitrator: (a) pursuant to a process whereby the court provides the parties with a panel of five (5) potential arbitrators meeting the requirements herein for an arbitrator, each party strikes one arbitrator, and the court appoints the arbitrator from the remaining arbitrators on the panel based on the arbitrator’s qualifications and expertise, and the requirements of the Agreement; or (b) pursuant to the arbitrator selection process provided in the JAMS Streamlined Arbitration Rules and Procedures ("JAMS") to be applied as applicable to each Registered Corporate Use. For purposes of this Section, good faith meet and confer efforts require that each party propose at least three arbitrators who meet the qualifications described in this Agreement. The selected or appointed arbitrator must hear the matter on consecutive business days without interruption, except in the event of a bifurcation or agreement of the parties. The arbitration shall be administered pursuant to JAMS rules, as applicable to the particular Participant.
    4. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Sony can force the other to arbitrate. To opt out, you must notify Sony in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to sign up for the Program, and an unequivocal statement that you want to opt out of this arbitration agreement.
    5. Fees. The filing fees to begin and carry out arbitration will be shared between you and Sony, but in no event shall your fees ever exceed the amount allowable by JAMS (the ("Rules"). This does not prohibit the arbitrator from giving the winning party their fees and expenses of the arbitration when appropriate pursuant to the Rules, as applicable to the particular Participant.
    6. Authority of the Arbitrator. In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Any award may also be challenged if the arbitrator awards any relief that could not be awarded under the laws of the state or jurisdiction in which the arbitration is held or in which the award is to be enforced. Except for the foregoing, the arbitrator’s decision will be binding and final upon the parties, except for a limited right of appeal under the Rules. In addition, 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.
    7. Confidentiality. You and Sony agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
    8. Exceptions to Arbitration. Notwithstanding anything to the contrary in this Article, you and Sony retain the right to apply to any court of competent jurisdiction for injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have Disputes submitted to arbitration as provided in the Agreement. You and Sony also have the right to bring qualifying claims in small claims court.
    9. Waiver of Jury Trial. YOU AND SONY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sony are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Sony over whether to vacate or enforce an arbitration award, YOU AND SONY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
    10. Class Action Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE PARTICIPANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTICIPANT. Neither you nor Sony may act as a class representative, nor participate as a member of a class of claimants, with respect to any Disputes. Disputes may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Sony's individual Disputes. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Rules, as applicable to the particular Participant notwithstanding any state law that may be applicable.
    11. Severability and Waiver. A court may sever any portion of this Article that it finds to be unenforceable, except for the prohibitions on any Disputes being handled on a class or representative basis. No waiver of any provision of this Article will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Agreement.
    12. Survival. This Article will survive the termination of your relationship with Sony and any termination of your access to and/or use of all or any part of any of the Licensed Items.
    13. Important: This Article limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the Rules, as applicable to the particular Participant, and the right to certain remedies and forms of relief. Other rights that you or Sony would have in court also may not be available in arbitration.

Article 11 Trademarks

Any registered trademarks or trademarks of Sony Group Corporation or affiliate companies thereof shall not be used in any manner without the prior written consent of Sony Group Corporation, where such consent may be withheld for any or no reason.

Article 12 Miscellaneous

  1. Interpretation. The following rules of interpretation shall apply in this Agreement: (a) the clause headings are for convenience only and shall not affect the interpretation of this Agreement; (b) unless the context otherwise requires words in the singular shall include the plural and in the plural include the singular and a reference to one gender shall include a reference to the other genders; (c) a reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement and as amended by any subsequent statute or statutory provision; and (d) any phrase introduced by the expressions including, includes, in particular or any similar expression shall be construed as illustrative only and shall not limit the sense of the words preceding those terms.
  2. Force Majeure. Neither party shall be liable for any delay in or failure of performance hereunder (other than Participant's payment obligations) due to causes beyond such party’s reasonable control including acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, epidemics, pandemics, shutdowns, quarantines, or any law, order, regulation, direction, action or request of any civil or military governmental authority (each, a “Force Majeure Event”). If any Force Majeure Event causes an increase in the time required for performance of any of its duties or obligations, the affected party shall be entitled to an equitable extension of time for completion. If the delay in performance caused by the Force Majeure Event exceeds thirty (30) days, either party may terminate this Agreement immediately on written notice to the other party, without incurring any liability in connection with such termination.
  3. Government Agencies. If any portion of the Licensed Items are being acquired on behalf of the United States Government, then the following provision applies: The Licensed Items will be deemed to be “commercial computer software” and “commercial computer software documentation” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Licensed Items by the U.S. Government will be governed solely by Licensed Items and is prohibited except to the extent expressly permitted by Licensed Items.
  4. Relationship. This Agreement does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between the parties.
  5. Waiver; Severability. If Participant violates this Agreement and Sony does not do anything about it, that does not mean Sony has given up its right to do something about it later, or to take any action if Participant does the same thing again, or to enforce this Agreement against Participant in any other way. If a court or arbitrator decides that any portion of this Agreement is illegal or that Sony cannot enforce such terms against Participant, then only those specific invalid or illegal terms will be ineffective, and the rest of this Agreement will remain valid.
  6. Assignment. The Participant shall not assign to a third party, cause a third party to succeed to or assume, or offer as a security to a third party, any status or all or a part of the rights and obligations under this Agreement, unless Sony’s prior written approval has been obtained. Sony may assign any status or all or a part of the rights and obligations under this Agreement to any third party, including Sony’s affiliated companies, without obtaining the Participant’s approval. This Agreement does not provide or intend to provide any rights or benefits to anyone other than Participant based on Participant being a party to this Agreement.
  7. Third-Party Beneficiaries. This Agreement does not provide or intend to provide any rights or benefits to anyone other than you based on you being a party to this Agreement.
  8. Order of Precedence. If there is a contradiction or a conflict between a provision in this Agreement and a provision in the Evaluation Agreement, then this Agreement will take precedence.
  9. Export Control. No portion of the Licensed Items may be exported or re-exported to certain countries/regions or those persons or entities prohibited from receiving exports from the United States. Participant may not use the Licensed Items if Participant is the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country/region where Participant is using the Licensed Items. Participant agrees to comply with all U.S. or other export and re-export restrictions that may apply to the Licensed Items. In addition, the Licensed Items may be subject to the import and export laws of other countries/regions. Participant agrees to comply with all United States and foreign laws related to the use of the Licensed Items.
  10. Binding Agreement. The parties agree that: (a) this Agreement is intended to create legally binding obligations between the parties; and (b) the mutual obligations set out in this Agreement constitute good consideration for their entering into and performing this Agreement.
  11. Entire Agreement. This Agreement, the Evaluation Agreement, and all of Sony's policies and additionally agreed upon terms, together constitutes the entire agreement between Participant and Sony and supersedes and extinguishes all agreements, arrangements, promises, undertakings, proposals, warranties, representations and understandings between them at any time before the effective date of this Agreement (“Pre-Contractual Statements”), whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on any Pre-Contractual Statement made by or on behalf of the other party (whether made innocently or negligently) in relation to the subject matter of this Agreement, other than those which are set out expressly in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on, and hereby waives all rights and remedies that might otherwise be available to it in relation to, any Pre-Contractual Statement. Nothing in this Article 12, Section 11 shall limit or exclude the liability of either party arising out of any pre-contractual fraudulent misrepresentation or fraudulent concealment.

Article 13 Country-Specific Terms

This Article sets forth the country-specific provisions that replace, amend, or supplement the equivalent provisions noted below for Participants located in a specific country/region. To the extent there are any conflicts between the terms of this Article and the terms of the Agreement, the relevant terms of this Article will prevail.

  1. JAPAN
    1. Japan. This Article 13, Section 1 applies solely to Participants that are Japanese residents.
      1. Sony and the Participant represent to the other party that, at the time of the commencement of use of Licensed Items, neither itself nor its own directors, executive officers, corporate officers, any other significant employees who are substantially involved in management, or people with substantial management rights in it fall applicable as an antisocial force, and guarantee to the other party that neither itself nor its own directors or other above parties will fill applicable as an antisocial force during the term of this Agreement. “Antisocial force” refers to organized crime groups defined in Article 2(2) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (“Organized Crime Prevention Act”) and to organized crime group members, persons for whom five years have not passed since ceasing to be an organized crime group member, organized crime group quasi-members, enterprises affiliated with an organized crime group, corporate extortionists, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, organized crime groups specialized in intellectual crimes, parties with a close relationship with an organized crime group, and any other group or individual that makes demands with forceful behavior or makes unreasonable demands that exceed the legal liability of the recipient of the demand as defined in Article 2(6) of the Organized Crime Prevention Act.
      2. Sony and the Participant represent to the other party that it will not itself carry out, and will not use a third party to carry out, any act that falls applicable under an item below in connection with the performance of this Agreement:
        1. A violent demand;
        2. An unjust demand that exceeds the legal liability of the recipient of the demand;
        3. Use of threatening behavior or violence;
        4. Spreading rumors or use of fraudulent means or force to damage the reputation of another party or to obstruct that other party`s operations; or
        5. Any other act similar to those provided for in each of the preceding items.
      3. If Sony or the Participant breaches a representation set forth in this Section or if it is found that the performance of this Agreement by Sony or the Participant promotes an antisocial force’s activities or contributes to an antisocial force’s operations, the other party may, at any time from the time at which the event occurred, terminate all or part of this Agreement without needing to issue any demand.
      4. Sony and the Participant shall bear no liability for Losses to the other party with regard to terminating this Agreement.
      5. Even if Sony or the Participant cancels or terminates this Agreement pursuant to this Section, that will not preclude the exercising of any other rights or relief.
  1. EUROPE
    1. Europe. This Article 13, Section 2 applies solely to Participants that are European residents, located in the European Union, Switzerland, or the United Kingdom:
      1. Third Party Beneficiaries. The following provision replaces the Third Party Beneficiaries in Article 12, Section 7

        Third Party Beneficiaries. This Agreement does not provide or intend to provide any rights or benefits to anyone other than you based on you being a party to this Agreement. A person who is not a party to this Agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999 or equivalent mandatory law provision in any relevant jurisdiction.
  1. CANADA
    1. Canada. This Article 13, Section 3 applies solely to Participants that are Canadian residents:
      1. Changes, Suspension, and Discontinuance. The following provision is added to Article 3, Section 3:

        Sony may, from time to time, issue updated or upgraded versions of the Licensed Items that are proprietary to Sony or its affiliates, and may automatically electronically update or upgrade the version of the Licensed Items that are proprietary to Sony or its affiliates, if any, that are installed on approved devices. Participant hereby consents to receive updates or upgrades to the Licensed Items that are proprietary to Sony or its affiliates automatically without providing further consent each time. Licensed Items that are proprietary to Sony or its affiliates (including any updates or upgrades) may: (a) cause the devices to automatically communicate with Sony's servers to deliver the Licensed Items that are proprietary to Sony or its affiliates or through new features as they are introduced, and to record usage metrics; (b) affect preferences or data stored on the devices; and/or (c) collect personal information as set out in the Privacy Policy.
      2. Agreement Language. The following provision is added as Article 12, Section 12 of this Agreement:

        12. Agreement Language. It is the express wish of the parties that this Agreement and all documents relating hereto, including, all notices, financial statements, reports, and other communications required or permitted under this Agreement be prepared in the English language. Le franchisé confirme qu’il a exigé que la présente entente de même que tous les documents s’y rapportant, y compris tous les avis, états financiers, rapports et autres communications requis ou permis aux termes de la présente entente soient rédigés en langue anglaise.