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Terms and Conditions

Updated April 20, 2023

These Terms and Conditions (the “Terms”) govern your access to and use of websites listed here (collectively, the “Sites”) and mobile apps listed here (collectively, the “Apps”). The Sites and Apps (collectively referred to here as the “Services”) are owned and operated by Xperi Inc. and/or its subsidiaries (collectively, “Xperi”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

These Terms do not alter in any way the terms and conditions of any other agreement you may have with us for products, services or otherwise. If there is any conflict or inconsistency between these Terms and any other terms or conditions associated with the Services, those other terms or conditions will govern.

These Terms do not alter in any way the terms and conditions of any agreement with the application store from which this App originated as of the Effective Date of these Terms.

These Terms are between you and Xperi only.

QQ Music users: Please click through to the additional EULA here.

Use of the Services and Content

Except for Third-Party Features (as defined below), the Services and all content and materials contained or made available through the Services are the property of Xperi or its licensors, including but not limited to all text, designs, graphics, logos, icons, images, photography, videos, audio, downloads, interfaces, code, software, features and tools contained in or made available through the Services, and the design, selection and arrangement thereof and all intellectual property rights associated with the foregoing (collectively, “Content”). Except as expressly granted herein, we reserve and retain all rights in and to the Services and all Content.

Upon your acceptance of these Terms, Xperi grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use the Services and Content for your non-commercial use only, provided that you (i) comply with these Terms, (ii) do not modify or delete any Content or copyright, trademark or other proprietary notice that appears in the Content, (iii) and only on the device on which the App is downloaded. Any other use of the Services or Content, including but not limited to the modification, deletion, commercial use, distribution, performance, broadcast, publication, licensing, data mining, reverse engineering or resale of, or the creation of derivative works from, the Services or any Content, is expressly prohibited, unless you obtain the prior written consent of Xperi. Nothing within these Terms or the Services shall be construed as granting, by implication, estoppel or otherwise, any other right, license or entitlement to the Services or Content.

Trademarks and Copyrights

All trademarks, trade names, logos, service marks, page headers, button icons and graphics displayed in or made available through the Services (collectively, the “Marks”) are registered and unregistered trademarks or trade dress of Xperi, its licensors or other third parties. All of these Marks are the property of their respective owners. Except as expressly granted herein, nothing in these Terms or the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to copy, use or imitate any Mark, in whole or in part, without the prior written consent of Xperi or the owner of the Mark.

The Services and all Content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Software License

We make certain software available to you to download to your device to enable you to use our Apps (“App Software”). The App Software is Xperi’s proprietary software and software obtained from its third-party licensors, and is provided to you solely for purposes of enabling you to use the Services. Upon your acceptance of these Terms, we grant you a limited, non-sublicensable, non-exclusive, revocable license to download, retain and use the App Software in accordance with these Terms. Subject to the restrictions defined in these Terms, you are permitted to download, retain and use the App Software for your non-commercial, entertainment and enjoyment purposes only. Except as expressly granted to you hereunder, we do not grant you any right, title or interest in or to the App Software. Xperi and its licensors retain all rights, title and interest in and to the App Software, including without limitation, any and all modifications, updates, derivative works and all associated intellectual property rights therein.

Except as provided by applicable law and the licensing terms of any open source software, and only in accordance with permissions thereof, you will not, or assist or direct others to: (i) take any action to jeopardize, limit or interfere in any manner with Xperi’s or its licensors’ ownership of the App Software; (ii) delete, remove or otherwise alter any copyright, trademark, confidentiality or other proprietary notice appearing in the App Software; (iii) incorporate any portion of the App Software into other programs or compile any portion of it in combination with other programs; (iv) extract, separate, remove or otherwise copy (except to exercise rights granted in these Terms) the App Software; (v) disassemble, decompile, reverse engineer or otherwise convert any part of the App Software to source code or a human-perceivable form; (vi) adapt, modify or create a derivative work of the App Software; (vii) distribute, encumber, lease, rent, sell, transmit, transfer or otherwise dispose of the App Software, in whole or in part; or (vii) use the App Software with any other product or for any other purpose, including without limitation for commercial or professional purposes.

Acceptable Use and Prohibited Activities

Under no circumstances may you engage in any activity that is illegal under applicable law while using or accessing the Services. You may not use the Services to create, access, view, download, receive, store, post, copy, print, procure, transmit or otherwise obtain or disseminate materials that are unlawful, fraudulent, discriminatory, harassing, retaliatory, defamatory, obscene, sexually explicit or in violation of these Terms. You may not use the Services for any purpose competitive to Xperi. You may not use the Services to infringe on the intellectual property rights (e.g., copyright, trade secret or patent) of Xperi or any other entity or individual, including to access, download, install, transmit or distribute copyrighted music, software or other materials that are not appropriately licensed for such use.

You may not knowingly use the Services in any manner that jeopardizes the confidentiality, integrity or availability of the Services, such as by transmitting or distributing to, or injecting into, the Services any worms, viruses, spyware, malware or any other software, program or code of a destructive or disruptive nature. You may not attempt to access without authorization or exceed your authorized access to any part, offering or feature of the Service, including without limitation, by hacking, password “mining,” or other illegitimate means or by surreptitiously intercepting or otherwise accessing without authorization any data or personal information from the Services or system associated with the Services. You may not tamper with, disable, remove, circumvent or otherwise compromise any security measure that protects the Services, including any security-related restriction, software or configuration imposed or otherwise implemented by Xperi.

You may not in any way damage, disable, overburden, impair, or disrupt the operations, functioning, presentation, appearance or proper working of the Services or Xperi systems, or otherwise interfere with or harm other users’ usage of the Services or use the Services to harm third-party services and products. You may not use unapproved methods or mechanisms to access the Services and may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to acquire, copy, reproduce, crawl, scrape, monitor, reverse engineer, or otherwise access the Services or any Content, without Xperi’s express written consent. You may not use frames or utilize framing techniques or technology to enclose any Content without Xperi’s express written consent. Further, you may not utilize any Content in any meta tags or any other “hidden text” techniques or technologies without Xperi’s express written consent.

Registration and Account Security

 

Some features that may be available through the Services require registration (such as through an account). By registering at and in consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself, and maintain and promptly update such information. You may create only one account or register with us only once, and must not register or create accounts with the Service through unauthorized means including, but not limited to, through the use of an automated device, script, bot, spider, crawler or scraper.

You are responsible for protecting your account’s password and maintaining the confidentiality of your password. You agree to (i) maintain the security of your account by not sharing your password with others and restricting access to your account and your devices, and (ii) promptly notify us if you become aware of or otherwise suspect any security breaches related to your account or the Services. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately. We may assume that any communications we receive under your account have been made by you unless we receive notice otherwise. You agree you will not sell, transfer, license or assign your account or any account rights.

Network Conditions and Interference.

The Apps connect to DTS Play-Fi® technology-enabled devices by and through the use of wireless network access points. Proper access by the device upon which the Apps are downloaded is required as is the appropriate bandwidth and strength of connectivity signal. Not all home wireless network connections may be compatible with the Apps. External conditions out of the control of Xperi may affect the overall performance of the Apps, including without limitation, network configuration, network performance, distances between the device containing the Apps and the network connection and content sources, other third party devices utilization of the network, or general environmental radio interference with the Apps. When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply.

Third Party Features

The Services may contain, transmit, interact with or provide access to certain content and materials (such as music, playlists), services (such as Alexa services), features and functionality owned and operated by third-party providers (collectively, “Third-Party Features”). For example, our Apps may connect with and share information with third-party online streaming services, music players and voice-command services, and our Services may connect to and exchange information with social media platforms. In addition, our Services may contain links to other websites, some of which may be operated or controlled by third parties, including links contained in advertisements (such as banner advertisements and sponsored links). Third-Party Features are provided as a convenience to you and the inclusion of the Third-Party Features is not, and should not be viewed, as an endorsement by us of the Third-Party Features or any content therein. Different terms and conditions apply to your use of and interaction with Third-Party Features. We reserve the right to alter, change, discontinue or modify access to any Third-Party Features at any time and for any reason.

You acknowledge that these Terms will not apply to your access to or use of any such Third-Party Feature. Your use of and interaction with any Third-Party Features is subject to separate terms and conditions offered by the third party that operates or controls the Third-Party Feature. If you access and receive Third-Party Features through the Services, you must adhere to any applicable terms and conditions with the relevant third party, including any usage restrictions and requirements.

XPERI HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY FEATURES, ACCEPTS NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIMS ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS OR USE ANY THIRD-PARTY FEATURE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE SEPARATE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY FEATURE. YOU ACKNOWLEDGE THAT XPERI IS NOT RESPONSIBLE OR OTHERWISE LIABLE TO YOU FOR THIRD-PARTY FEATURES OR THE ACTS OR OMISSIONS OF THIRD PARTIES THAT OPERATE OR CONTROL THIRD-PARTY FEATURES, AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY (S) AND NOT XPERI.

Materials You Submit or Communicate

The Services may allow you to communicate, transmit, submit, upload, store or otherwise use or make available text, audio, data, files or other material or content through the Services (collectively, “User Materials”). For example, visitors to our Sites and users of our Apps may submit reviews, suggestions, ideas, comments, questions, or other information. You acknowledge that you are responsible for any User Material you may submit or access through the Services, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, access or otherwise publish through the Services any User Material that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, harassing, bigoted, obscene, vulgar, pornographic, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain malware or other malicious or destructive code, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Material.

If you do submit or otherwise make available User Materials, and unless we indicate otherwise, you grant Xperi an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to access, use, transmit, copy, reproduce, modify, adapt, remove, delete, publish, exhibit, translate, create derivative works from, disclose, encode, distribute and display such User Materials, in whole or in part, throughout the world in any media. You further agree that Xperi is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Xperi. You grant Xperi the right to use the name you submit in connection with such User Materials, if we so choose. You represent and warrant that you own or otherwise control all the rights to the User Material and own; you possess the necessary rights and permissions to share, post and use the User Materials through the Services; that the User Materials are accurate; that use of the User Material does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Xperi and Amazon for all claims resulting from User Materials.

Privacy Notice

Please review our Privacy Notice , which applies to personal information obtained by us through the Services.

Shipping and Return Policies

Sales on the Sites are subject to Xperi’s shipping and return policies . We attempt to be as accurate. However, we do not warrant that product descriptions or other Content are accurate, complete, reliable, current or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

DISCLAIMERS

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Xperi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) ANY THIRD-PARTY FEATURES; (III) RESULTS TO BE DERIVED FROM THE USE OF THE SERVICES OR ANY CONTENT; (IV) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SERVICES; (V) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; OR (VI) THE ABSENCE OF ANY SECURITY VULNERABILITIES, VIRUSES OR OTHER MALWARE, OR OTHER HARMFUL OR DESTRUCTIVE CODE IN CONNECTION WITH THE SERVICES OR CONTENT. FURTHER, XPERI DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR USE OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU ACCESS OR DOWNLOAD ANY CONTENT OR APP SOFTWARE FROM THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS TO OR DOWNLOAD OF ANY SUCH CONTENT OR APP SOFTWARE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XPERI OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR ANY OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT APP SOFTWARE, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF REVENUE OR PROFITS OR ATTORNEY’S FEES) ARISING OUT OF OR RELATED IN ANY WAY TO THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT XPERI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND ACCORDINGLY CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN NEW JERSEY, LIMITATIONS ON LIABILITY FOR INTENTIONAL OR RECKLESS ACTS AND GROSS NEGLIGENCE ARE PROHIBITED AND DO NOT APPLY.

IF THE APP WAS PURCHASED FROM AN APPLICATION STORE AND THE APP MATERIALLY FAILED AND COULD NOT COMPLY WITH THE WARRANTY HEREIN, YOU MAY BE ABLE TO OBTAIN A REFUND FROM THE ORIGINATING APPLICATION STORE FOR THE APP. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ORIGINATING APPLICATION STORE WILL HAVE NO OTHER WARRANTY OBLIGATIONS.

Indemnification

You agree to indemnify, defend and hold harmless Xperi and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Services and any violation of these Terms. If you cause a technical disruption of the Services or the systems hosting the Services or transmitting the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Xperi reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Xperi in the defense of such matter. This provision does not apply to intentional or reckless acts or gross negligence on the part of Xperi.

Changes to the Services and these Terms

We reserve the right in our sole discretion to change, suspend, or discontinue all or any aspects of the Services at any time. In addition, we reserve the right to modify Content at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.

We reserve the right in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check for any changes we make to these Terms each time you use the Services or any portion thereof. Revised terms will become effective immediately upon publication on our Sites and will apply only on a going-forward basis. Your continued access to or use of the Services after that point signifies that you accept the changes to these Terms. In addition, these Terms will apply to any updates, modifications or upgrades to the Services, unless separate express terms and conditions accompany such updates, modifications and upgrades.

Termination

Xperi reserves the right, in its sole discretion, to limit, block, prohibit or terminate your access to or use of the Services, in whole or in part, at any time without notice. In addition, Xperi may revoke any limited license provided herein at any time for any or no reason. Termination of your access or use to the Services, or Xperi’s revocation of your license, will not waive or affect any other right or relief to which Xperi may be entitled at law or in equity.

Infringement Notice

You are hereby informed that Xperi has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Xperi’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

Xperi Legal
2190 Gold Street,
San Jose, CA 95002
United States
legal@xperi.com

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Xperi is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Services, including material you provide to us, and so we have an absolute right to remove any material from the Services in our sole discretion at any time.

Product Claims

Xperi is solely responsible for addressing and investigating any product liability claims or legal claims affecting the App, or claims of intellectual property infringement.

Jurisdiction and Applicable Law

The laws of the State of California govern these Terms and your use of the Services, without giving effect to its conflict of law provisions. To the maximum extent permitted by law, you irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the State of California for any action arising out of or relating to these Terms or your use of the Services.

Although the Services are designed for operation within the U.S., we recognize that it may be possible for you to use or obtain access to the Services from jurisdictions outside the U.S., and that we may not have the practical ability to prevent such access or use. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATION AS TO THE USE OF THE SITE OUTSIDE THE U.S. OR COMPLIANCE OF THE SERVICES OR THESE TERMS WITH ANY APPLICABLE LAW. IF YOU CHOOSE TO ACCESS OR USE THE SERVICES FROM OUTSIDE THE U.S., YOU DO SO AT YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAWS.

Arbitration Agreement

Dispute Resolution. You and Xperi agree that any and all disputes or claims relating in any way to the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through binding arbitration. The arbitration proceedings will be administered by the American Arbitration Association (“AAA”), according to the AAA’s Consumer Arbitration Rules (as modified by this Arbitration Agreement). Notwithstanding anything to the contrary in these Terms, you and Xperi agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this Arbitration Agreement. You understand and acknowledge that arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is limited. However, an arbitrator may award on an individual basis the same relief that would be available in a court, including injunctive or declaratory relief and statutory damages, and must follow and enforce these Terms as a court would. The decision from arbitration is final and binding. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Exceptions. Notwithstanding anything to the contrary in section above, you and Xperi agree that either of us has the right, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.

Notice of Dispute. In the event of a dispute, you must first send us written notice which includes (i) a description of your claim, and (ii) the specific relief sought. Your notice must be sent to Xperi at: Xperi Inc. – Legal Department, 2190 Gold Street, San Jose, CA 95002, United States or to legal@xperi.com. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within sixty (60) days after the notice is received, you or Xperi may commence an arbitration proceeding. For clarity, the arbitration proceedings shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, including any documents or information exchanged in the course of the arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any arbitration proceedings will be held in a reasonably convenient location in the state in which you reside or another location that we mutually agreed on. For claims totalling less than USD $10,000, you may choose to have the arbitration conducted by telephone or based on written submissions.

Costs of Arbitration. If you choose to initiate an arbitration proceeding, Xperi will reimburse you for the filing fees and any other arbitration fees incurred by you, unless your claim is for more than USD $10,000. Each party will bear the expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration, provided that you may be entitled to the recovery of reasonable attorneys’ fees and costs if the arbitrator finds you are the prevailing party in the arbitration. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Xperi agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

Class Action Waiver and Jury Waiver. You and Xperi each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and Xperi that this class action waiver is unenforceable, this Arbitration Agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and Xperi each waive any right to a jury trial.

Survival. This Arbitration Agreement shall survive any termination of these Terms.

No Exporting

You may not use or export or re-export any Content or App Software or any copy or adaptation of such Content or App Software, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

Entire Agreement

These Terms and any policies or operating rules posted on, or linked to from, the Services constitute the entire agreement and understanding between you and Xperi with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Waiver and Severability

No waiver by Xperi of any term or condition set forth in these Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Xperi to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the other provisions will remain in full force and effect.

How to Contact Us

If you have any questions or comments about these Terms or the Services, please contact us by e-mail here. You also may write to Xperi at:

Xperi Inc. – Legal Department
2190 Gold Street
San Jose, CA 95002
United States

Appendix A: Sites

Appendix B: Apps

  • DTS Play-Fi mobile apps for Android, iOS, Amazon, and Windows
  • DTS Play-Fi enabled devices
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