UNTOLD LEGENDS™: THE WARRIOR’S CODE™
END USER AGREEMENT AND SOFTWARE LICENSE
THIS UNTOLD LEGENDS™: THE WARRIOR’S CODE™ USER AGREEMENT AND SOFTWARE LICENSE (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND SONY ONLINE ENTERTAINMENT INC. ("SOE" OR "WE") WITH RESPECT TO YOUR USE OF UNTOLD LEGENDS: THE WARRIORS CODE FOR THE PSP™ (PlayStation®Portable) SYSTEM INCLUDING ANY GAME SOFTWARE, HARDWARE (INCLUDING THE UNIVERSAL MEDIA DISC (“UMD™”)), PRINTED, ELECTRONIC, AND ONLINE MATERIALS AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY, THE "GAME"). BY INSTALLING, COPYING, RUNNING, DISPLAYING, ACCESSING OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE GAME AND YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THIS PRODUCT. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE CONTACT CUSTOMER SERVICE AT ULSupport@soe.sony.com.
1. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, limited, personal, revocable license to use the Game. The Game also may include certain features that enable you to create custom content, such as character features ("Custom Content") for your non-commercial use with the Game. All Custom Content is part of the Game as defined herein. You may not copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works (other than Custom Content to be solely used with the Game), adapt, translate, perform, display, sublicense or transfer all or any portion of the Game. You may not copy any of the written materials accompanying the Game. You may not reverse engineer, disassemble or decompile all or any part of the Game except to the extent that this restriction is expressly prohibited by applicable law. The Game may contain license management software that restricts your use of the Game.
2. To play the Game, including multi-player versions of the Game, you must have all applicable or required hardware and software to operate the Game (which depending on whether you are playing a single player version, or one of the multiplayer versions of the Game, may include, without limitation, a PSP™ system and Memory Stick Duo™) which we do not provide and which are sold separately. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware (including, without limitation, the PSP™ system) software, service and other costs you incur to play the Game. This Agreement does not entitle you to any subsequent releases of the Game, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
3. We may amend this Agreement at any time in our sole discretion. Such amendments shall be effective whenever we make the notification available for your review.
4. You may transfer your rights under this Agreement provided that the recipient agrees to the terms of this Agreement.
5. We may terminate this Agreement immediately and without notice if you breach this Agreement or infringe any intellectual property rights, or upon gameplay or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game. If we terminate this Agreement under these circumstances, you must destroy all copies of the Game and Custom Content (and all parts thereof).
6. Except for the revocable, limited license expressly granted hereunder, we and our suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in, the PSP™ system, the UMD™, the Memory Stick Duo™, 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 Game, including, without limitation, in any character(s), Custom Content, item(s), or other material or property, and that all such Custom Content, property, material and items are exclusively owned by us. The Game is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Game contains valuable trade secrets of SOE, and that SOE and/or its licensors own all intellectual property rights in and to the Game, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Game. You agree that this Agreement shall be retained with all printed and electronic copies of the Game and documentation constituting the Game. You agree to prevent any unauthorized copying or distribution of the Game. Except for the license as expressly provided herein, SOE does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of SOE and/or its licensors.
7. You may not:
(i) use any unauthorized third party software to modify the Game to change multiplayer Game play;
(ii) create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators, except as may be permitted by the unmodified Game and supported by SOE;
(iii) exploit the Game or any of its component parts for any commercial purpose (including but not limited to, exploitation at a cyber cafe or gaming center) without prior written consent of SOE;
(iv) sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Custom Content, copyrighted or proprietary material relating to the Game; or
(vi) host or provide any matchmaking service for the Game.
8. SONY ONLINE ENTERTAINMENT INC. WARRANTS TO THE ORIGINAL PURCHASER OF THIS PRODUCT THAT THE UMD™ IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF PURCHASE. SONY ONLINE ENTERTAINMENT INC. AGREES FOR A PERIOD OF NINETY (90) DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THIS PRODUCT. YOU MUST CALL (858) 537-0898 TO RECEIVE INSTRUCTIONS TO OBTAIN REPAIR/REPLACE SERVICES.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE SONY ONLINE ENTERTAINMENT INC. EXCEPT AS DESCRIBED HEREIN, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS DESCRIBED HEREIN, WE PROVIDE THE UMD™ AND THE GAME AND ALL OTHER SERVICES "AS IS". ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE NINETY (90) DAY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL SONY ONLINE ENTERTAINMENT INC. OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SONY ONLINE ENTERTAINMENT INC. SOFTWARE PRODUCT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the product or continued availability of the PSP™ system.
Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages or liability, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
9. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. You agree to indemnify, defend and hold harmless SOE, SOE's affiliated companies and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of the Game, PSP™ system, UMD™, Memory Stick Duo™ (for PSP™ system) and any other hardware or software required to play the Game.
10. You shall comply with all applicable laws regarding your playing of the Game on any fixed media on which it appears (including the UMD™). Without limiting the foregoing, you may not use or otherwise export or re-export the Game except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
11. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as set forth herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.
12. All services hereunder are offered by Sony Online Entertainment Inc., located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858) 537-0898. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13. The Game is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.