VT3_PS3_MNLGUTS.qxp 2/5/07 9:09 PM Page 26
USER AGREEMENT AND SOFTWARE LICENSE
THIS AGREEMENT (THE “AGREEMENT”) DESCRIBES THE TERMS ON WHICH SEGA CORPORATION AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA") OFFER YOU ACCESS TO PLAY A VIDEO GAME (THE "GAME"). BY ACCEPTING, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY NOT ACCEPTING, YOU DECLINE THIS OFFER, IN WHICH CASE YOU SHOULD CONTACT YOUR RETAILER REGARDING ITS RETURN POLICY FOR THE GAME. If you have any questions regarding these terms and conditions, please contact customer service listed in the information accompanying the Game.
1.To play the Game, you must (a) purchase the Game Blu-ray disc (the "Blu-ray disc"), which includes software required for the Game (the "Software"), (b) have an Internet connection (which SEGA does not provide) to access on-line play, and (c) have all applicable or required hardware and software to operate the Game (which SEGA does not provide). In addition to any fees described herein (if applicable), you are responsible for paying all applicable taxes (including those that SEGA is not required to collect) and for all hardware, software, service and other costs you incur to access on-line play or to otherwise play the Game. This Agreement does not entitle you to any subsequent releases of the Software, or to any expansion packs or similar ancillary products. You understand that SEGA may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
2.SEGA may amend this Agreement at any time in their sole discretion.
3.SEGA may terminate this Agreement (including your Software license) immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or if SEGA is unable to verify or authenticate any information you provide to them, or upon Game play, chat or any player activity whatsoever which SEGA, in its sole discretion, determines is inappropriate and/or in violation of the spirit of the Game. SEGA may also terminate this Agreement if SEGA decides, in its sole discretion, to discontinue offering the Game.
4.Subject to the terms of this Agreement, SEGA hereby grants to you a non-exclusive, non-transferable, revocable license to use the Software solely in connection with playing the Game. You may not copy, distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Software. You may not copy any of the written materials accompanying the Blu-ray disc. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.
5.SEGA shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in, the Blu-ray disc, the Software and the Game, all copies thereof, and all game character data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Blu-ray disc, the Software or the Game, including, without limitation, in any character(s), item(s), coin(s) or other material or property, and that all such property, material and items are exclusively owned by SEGA.
6.You may not use any third party software to modify the Software to change Game play. You may not create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on SEGA’s infrastructure. You may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Game characters, items, coin or copyrighted material.
7.As part of the Game, you may be able to upload content to SEGA’s servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. SEGA may take any action with respect to your Content if they believe it may create liability for SEGA or may cause SEGA to lose (in whole or in part) the services of ISPs or other suppliers. You hereby grant to SEGA a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.
8.SEGA cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. SEGA may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, SEGA can disclose any information about you to private entities, law enforcement or other government officials as SEGA, in its sole discretion, believes necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to SEGA’s remote accessing and review of the system you load the Software onto for purposes of support and debugging. You agree that SEGA may communicate with you via email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by SEGA or on their behalf. You are subject to the terms and conditions, privacy customs and policies of SEGA while on such web sites and in connection with use of the Game, which terms and conditions, policies and customs are incorporated herein by this reference. Since SEGA does not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching and updating the Game, you hereby grant SEGA permission to (i) upload Game file information from the Game directory and (ii) download Game files to you. You acknowledge that any and all character data may be stored and may reside on SEGA’s servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players, if applicable) may traverse through SEGA’s servers, may or may not be monitored by SEGA’s personnel and, accordingly, you have no expectation of privacy in any such communications. You acknowledge and agree that SEGA may transfer such information to the United States or other countries or may share such information with SEGA’s licensees and agents in connection with the Game.
9.SEGA WARRANTS TO THE ORIGINAL CONSUMER PURCHASER OF THE GAME THAT THE RECORDING MEDIUM ON WHICH THE GAME IS RECORDED SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF PURCHASE (THE “LIMITED WARRANTY”). IF A DEFECT COVERED BY THE LIMITED WARRANTY OCCURS DURING THIS NINETY (90) DAY PERIOD, THE DEFECTIVE GAME SHALL BE REPLACED BY THE RETAILER FROM WHICH YOU PURCHASED THE GAME, FREE OF CHARGE. PLEASE RETAIN THE ORIGINAL OR PHOTOCOPY OF YOUR DATED SALES RECEIPT TO ESTABLISH THE DATE OF PURCHASE FOR IN- WARRANTY REPLACEMENT. FOR REPLACEMENT, RETURN THE GAME, WITH ITS ORIGINAL PACKAGING AND RECEIPT, TO THE RETAILER FROM WHICH THE SOFTWARE WAS ORIGINALLY PURCHASED. IN THE EVENT THAT YOU CANNOT OBTAIN A REPLACEMENT FROM THE RETAILER, PLEASE CONTACT SEGA TO OBTAIN SUPPORT.
THE PROVISIONS OF THE LIMITED WARRANTY ARE VALID IN THE UNITED STATES AND CANADA ONLY. ANY APPLICABLE IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OF THE GAME, AND ARE SUBJECT TO THE CONDITIONS SET FORTH HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OF THE CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES AND JURISDICTIONS, SEGA’S AND ITS LICENSORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE-TO- STATE OR FROM JURISDICTION-TO-JURISDICTION.
10.THE LIMITED WARRANTY DOES NOT APPLY IF THE DEFECTS HAVE BEEN CAUSED BY YOUR NEGLIGENCE, ACCIDENT, UNREASONABLE USE, MODIFICATION, TAMPERING, OR ANY OTHER CAUSES NOT RELATED TO DEFECTIVE MATERIALS OR MANUFACTURING WORKMANSHIP, AND SEGA AND ITS LICENSORS SHALL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF ANY OF THESE REASONS. HOWEVER, SEGA AND ITS LICENSORS DO NOT SEEK TO EXCLUDE OR LIMIT THEIR LIABILITY FOR PERSONAL INJURY ARISING FROM THEIR NEGLIGENCE. THE LIMITED WARRANTY DOES NOT APPLY TO A USED GAME OR TO A GAME ACQUIRED THROUGH PRIVATE TRANSACTIONS BETWEEN INDIVIDUALS OR PURCHASED FROM ONLINE AUCTION SITES.
IN NO EVENT SHALL SEGA OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME, INCLUDING WITHOUT LIMITATION THE RISKS CONNECTED WITH LOST PROFIT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME, OR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SEGA OR ITS LICENSORS BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES. SEGA’S TOTAL LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
