Terms Of Agreement - Sega PSO Episode I User Manual

TERMS OF AGREEMENT

USE OF THIS PROGRAM IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET
FORTH BELOW. "PROGRAM" INCLUDES THE SOFTWARE INCLUDED WITH
THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY SOFTWARE ASSOCIATED
WITH THE ONLINE MODE OF THE PROGRAM, ANY PRINTED MATERIALS,
AND ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL
COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AND MATERIALS. BY
DOWNLOADING, INSTALLING, AND/OR USING THE PROGRAM, YOU
ACCEPT THE TERMS OF THIS LICENSE WITH SEGA CORPORATION and/or its
affiliates. (TOGETHER, "SEGA").
LIMITED USE LICENSE:
SEGA grants you the non-exclusive, non-transferable, limited right and license to install
and use one copy of this Program solely and exclusively for your personal use. All rights
not specifically granted under this Agreement are reserved by SEGA. This Program is
licensed, not sold. Your license confers no title or ownership in this Program and should
not be construed as a sale of any rights in this Program.
OWNERSHIP:
All title, ownership rights, and intellectual property rights in and to this Program and any
and all copies thereof (including but not limited to any titles, computer code, themes,
objects, characters, character names, stories, dialog, catch phrases, locations, concepts,
artwork, animation, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and "applets" incorporated into this
Program) are owned by SEGA or its licensors. This Program is protected by the
copyright laws of the United States, international copyright treaties and conventions and
other laws. This Program contains certain licensed materials, and SEGA's licensors may
protect their rights in the event of any violation of this Agreement.
YOU SHALL NOT:
Exploit this Program or any of its parts commercially, including but not limited to use
at a cyber cafe, computer gaming center or any other location-based site. SEGA may
offer a separate Site License Agreement to permit you to make this Program
available for commercial use; see the contact information below.
Use this Program, or permit use of this Program, on more than one handheld device,
PDA, or computer at the same time.
Make copies of this Program or any part thereof, or make copies of the materials
accompanying this Program.
Use the Program, or permit use of this Program, in a network, multi-user arrangement
or remote access arrangement, including any online use, except as otherwise
explicitly provided by this Program and subject to acceptance of the terms and
conditions of an appropriate subscriber agreement and terms of use or service.
Sell, rent, lease, license, distribute or otherwise transfer this Program,or any copies of
this Program, without the express prior written consent of SEGA.
Reverse engineer, derive source code, modify, decompile, disassemble, or create
derivative works of this Program, in whole or in part.
Remove, disable or circumvent any proprietary notices or labels contained on or
within the Program.
Export or re-export this Program or any copy or adaptation in violation of any
applicable laws or regulations.
LIMITED WARRANTY:
LICENSEE shall provide the original consumer with a minimum ninety (90) day limited
warranty on all Licensed Products. LICENSEE shall also provide reasonable product
service, including out-of-warranty service, for all Licensed Products.
58
LIMITATION ON DAMAGES:
IN NO EVENT WILL SEGA BE LIABLE FOR SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR
MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF
GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND,
TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF
SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEGA'S
LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE
THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION:
Without prejudice to any other rights of SEGA, this Agreement will terminate
automatically if you fail to comply with its terms and conditions. In such event, you must
destroy all copies of this Program and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Program and documentation have been developed entirely at private expense and
are provided as "Commercial Computer Software" or "restricted computer software."
Use, duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as
set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software
Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer
is Sega of America, Inc., 650 Townsend Street, Suite 650, San Francisco, CA, 94103.
INJUNCTION:
Because SEGA would be irreparably damaged if the terms of this Agreement were not
specifically enforced, you agree that SEGA shall be entitled, without bond, other
security or proof of damages, to appropriate equitable remedies with respect to
breaches of this Agreement, in addition to such other remedies as SEGA may otherwise
have under applicable laws.
INDEMNITY:
You agree to indemnify, defend and hold SEGA, its partners,
affiliates, contractors, officers, directors, employees and agents harmless from all
damages, losses and expenses arising directly or indirectly from your acts and omissions
to act in using the Product pursuant to the terms of this Agreement
MISCELLANEOUS:
This Agreement represents the complete agreement concerning this
license between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary to make it enforceable
and the remaining provisions of this Agreement shall not be affected. This Agreement
shall be construed under California law as such law is applied to agreements between
California residents entered into and to be performed within California, except as
governed by federal law and you consent to the exclusive jurisdiction of the state and
federal courts in Los Angeles, California.
If you have any questions concerning this license, you may contact SEGA at SEGA of
America, Inc., 650 Townsend Street, Suite 650, San Francisco, CA, 94103. Attn.
Leonard Slootmaker, Business and Legal Affairs, (415) 701-6000.
TERMS OF AGREEMENT
59