PLAYSTATION®5 SYSTEM SOFTWARE LICENCE AGREEMENT (Version 1.1)

 

PLEASE READ THIS PLAYSTATION®5 SYSTEM SOFTWARE LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.

THIS AGREEMENT IS BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT INC. (“SIE INC”). ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN SIE INC's PLAYSTATION®5 COMPUTER ENTERTAINMENT SYSTEM (“PS5 SYSTEM”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TERMS. BY USING YOUR PS5 SYSTEM, YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO A CONTRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS.

You are accepting this Agreement on your behalf and on behalf of other people who access or use: (i) your PS5 system; or (ii) your PS5 system account or your account on PlayStation™Network (“Account”) associated with this PS5 system. You are responsible for other people's use of your PS5 system and for their compliance with this Agreement's terms.

SIE Inc reserves the right to change the terms of this Agreement from time to time. The most current version of this Agreement will supersede all previous versions.

This Agreement applies to any system software, firmware and internet browser software and other application software included in your PS5 system and any patches, updates, upgrades or new versions of that system software, firmware and internet browser software and other application software provided to or made available for your PS5 system through any SIE Inc or Sony service or online network, PlayStation™Network, SIE Inc website or PS5 game media. All software and firmware described in this paragraph is referred to collectively as “System Software” throughout this Agreement.

If you are in Europe, the Middle East, Africa, Australia, Oceania, India, the Russian Federation or Ukraine, all games and other software made available for use with your PS5 system are licensed to you, not sold, pursuant to the Software Usage Terms which can be found at https://www.playstation.com/legal/software-usage-terms/.

If you are in North America, South America or Central America, all games and other software made available for use with your PS5 system are licensed to you, not sold, pursuant to the Software Product Licence Agreement which can be found at http://us.playstation.com/softwarelicense.

NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 8 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED IN SECTION 8) BETWEEN YOU AND A “SONY ENTITY” (AS DEFINED IN SECTION 8). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 8.

 

1. LICENCE GRANT

Subject to this Agreement's terms, SIE Inc grants you a non-exclusive, non-commercial right to use System Software solely on your PS5 system. Your rights to use previous versions of System Software other than the current version of System Software terminate as soon as you can receive or have the most current version of System Software installed on your PS5 system.

Certain license terms for SIE Inc-licensed, third-party software or service may require that SIE Inc provide you with notices and licence terms for that third-party software or service. These notices and licence terms are available to you at https://doc.dl.playstation.net/doc/ps5-oss/ or any other place which SIE Inc deems appropriate.

All rights to use System Software are granted by license only, and you are not granted any ownership rights or interests in System Software. SIE Inc and its licensors retain all intellectual property rights in System Software. All use of or access to System Software is subject to this Agreement's terms and applicable intellectual property laws. Except as this Agreement expressly grants, SIE Inc and its licensors reserve all rights in System Software.

 

2. RESTRICTIONS

You may not lease, rent, sublicense, publish, modify, patch, adapt or translate System Software. You may not reverse engineer, decompile or disassemble System Software, create System Software derivative works, or attempt to create System Software source code from its object code. You may not (i) use any unauthorised, illegal, counterfeit or modified hardware or software with System Software; (ii) use tools to bypass, disable or circumvent any PS5 system encryption, security or authentication mechanism; (iii) reinstall earlier versions of the System Software (“downgrading”); (iv) violate any laws, regulations or statutes or rights of SIE Inc or third parties in connection with your access to or use of System Software; (v) use any hardware or software to cause System Software to accept or use unauthorised, illegal or pirated software or hardware; (vi) obtain System Software in any manner other than through SIE Inc's authorised distribution methods; or (vii) exploit System Software in any manner other than to use it with your PS5 system according to the accompanying documentation and with authorised software or hardware, including use of System Software to design, develop, update or distribute unauthorised software or hardware for use in connection with your PS5 system.

These restrictions will be construed to apply to the greatest extent permitted by the law in your jurisdiction.

 

3. SERVICES AND UPDATES; THIRD-PARTY AGREEMENTS AND CONTENT

SIE Inc may provide you with certain System Software updates, upgrades or services. Some updates, upgrades or services may be provided automatically when you sign in to PlayStation™Network and others may be available to you through SIE Inc's website or authorised channels. You consent to SIE Inc providing you with these automatic updates, upgrades and services. Services may include the latest update or download of a new release of System Software containing security patches, new technology or revised settings and features that may prevent access to unauthorised or pirated content or prevent use of unauthorised hardware or software in connection with your PS5 system. These updates, upgrades and services may have effects on the functionality of your PS5 system, and SIE Inc is not responsible to you for any such effects or any harm caused by the installation process.

You must install or have installed the most current version of System Software as soon as you reasonably can. Some updates, upgrades or services may change your current settings, cause a loss of data or content or cause functionality or feature loss. SIE Inc recommends that you regularly back up all data that you can.

Third parties may make other services or content available to you, and they may require you to accept their separate terms and conditions and privacy policy. System Software may refer to, display or provide you with links to websites or content that third parties independently operate or maintain (“Third-Party Content and Links”).

SIE Inc and its affiliated companies do not control or direct Third-Party Content and Links, nor do SIE Inc and its affiliated companies monitor, approve, endorse, warrant or sponsor any Third-Party Content and Links. SIE Inc and its affiliated companies have no liability to you for any Third-Party Content and Links. Your reliance on any Third-Party Content and Links is at your own risk, and you assume all responsibilities and consequences resulting from your reliance.

Please see your PS5 system documentation for information on possible access controls to Third-Party Content and Links via your PS5 system's or PlayStation™Network's parental controls.

 

4. COLLECTION OF INFORMATION/ AUTHENTICATION

All data collected from this PS5 system is processed in accordance with the SIE Privacy Policy for your region. For more information about what personal information is collected, why it is collected, where and how it is processed, who it is shared with and your legal rights, please see the SIE Privacy Policy for your account country, which can be accessed from your device settings or by visiting www.playstation.com/legal/privacy-policy.

To the fullest extent permitted by law, for residents of the United States, countries in North, Central or South America, Japan or any country/area located in East Asia or Southeast Asia, you hereby waive any rights or expectation of privacy, confidentiality or publicity for any information in your gameplay or communications via your PS5 system, except as described in the PS5 User's Guide and Privacy Policy for your region.

 

5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

System Software is provided "as is" without any express or implied warranties, except as provided for under your statutory consumer rights under applicable local laws. SIE Inc, its affiliated companies and licensors expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.

IN NO EVENT ARE SIE INC, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IF YOU RESIDE IN JAPAN OR A COUNTRY/AREA LOCATED IN EAST ASIA OR SOUTHEAST ASIA AND IN CASE SIE INC, ITS AFFILIATES AND LICENSORS ARE LIABLE, REGARDLESS OF WHETHER THE LIABILITY IS ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYSTEM SOFTWARE, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THEIR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES SUFFERED BY YOU UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR PS5, UNLESS SIE INC, ITS AFFILIATES AND LICENSORS HAVE BEEN WILFULLY OR GROSSLY NEGLIGENT. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES/AREAS DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If you are in Europe, the Middle East, Africa, Australia, Oceania, India, the Russian Federation or Ukraine, the following applies to you: 

5.1. You may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement, including in this clause 5.

5.2. This Agreement does not:

5.2.1. affect any statutory guarantees or warranties you have as a consumer under local applicable laws (such as your rights if the System Software is faulty);

5.2.2. exclude or limit our liability in any way for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

5.2.3. exclude or limit our liability in any way for our deliberate breach, fraud, fraudulent misrepresentation or gross negligence; or

5.2.4. exclude or limit our liability in any way unless we are allowed to do so under your applicable local laws.

5.3. Subject to clause 5.1 and 5.2, our liability to you is limited to the price you paid for the hardware associated with the System Software that gave rise to the liability.

 

6. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND SIE INC REMEDIES

If SIE Inc determines that you have violated this Agreement's terms, SIE Inc may itself or may procure the taking of any action to protect its interests such as disabling access to or use of some or all System Software, disabling use of this PS5 system online or offline, termination of your access to PlayStation™Network, denial of any warranty, repair or other services provided for your PS5 system, implementation of automatic or mandatory updates or devices intended to discontinue unauthorised use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of System Software.

SIE Inc, its affiliates and licensors reserve the right to bring legal action in the event of a violation of this Agreement. SIE Inc may participate in governmental or private legal action or investigation relating to your use of System Software.

 

7. EXPORT CONTROL AND COMPLIANCE WITH LAWS

System Software may contain technology that is subject to certain restrictions under export-control laws and regulations. As such, your PS5 system may not be exported or re-exported to persons and entities in violation of these laws and regulations. You must comply with these laws when using System Software.

 

8. BINDING INDIVIDUAL ARBITRATION FOR RESIDENTS OF THE UNITED STATES OR COUNTRIES IN NORTH, CENTRAL OR SOUTH AMERICA

The following terms in this Section 8, to the fullest extent permitted under law, apply to you if you are a resident of the United States or of a country in North, Central or South America.

The term “Dispute” means any dispute, claim or controversy between you and SIE Inc, Sony Interactive Entertainment LLC, any of their current or former affiliates, or any predecessor or successor entity to any of the foregoing, including Sony Computer Entertainment Inc., Sony Computer Entertainment America LLC, and Sony Interactive Entertainment America LLC (“Sony Entity”) regarding any and all uses of System Software, including but not limited to the collection, use, storage or disclosure of data resulting from any use of System Software, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 8 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” has the broadest possible meaning that will be enforced.

If you have a Dispute (other than one described as excluded from arbitration below) with any Sony Entity or a Sony Entity's officers, directors, employees and agents (“Adverse Sony Entity”) that cannot be resolved through negotiation as required below, you and the Adverse Sony Entity must seek resolution of the Dispute only through arbitration of that Dispute according to Section 8's terms and not litigate that Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN A SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8.

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY SIE INC IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE SENT TO SONY INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT – WAIVER AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SIGN-IN ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.

IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO SONY INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT - DISPUTE RESOLUTION TO GIVE THE ADVERSE SONY ENTITY AN OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.

You agree to negotiate resolution of the Dispute in good faith for no fewer than 60 days after you provide notice of the Dispute. If the Adverse Sony Entity does not resolve your Dispute within 60 days of its receipt of notice of the Dispute, you or the Adverse Sony Entity may pursue your claim in arbitration pursuant to the terms in this Section 8.

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION, OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE ADVERSE SONY ENTITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

If you or the Adverse Sony Entity elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. This Section 8's terms will prevail if they conflict with the rules of the arbitration organisation that the parties select.

You and the Sony Entities agree that this arbitration agreement evidences a transaction in interstate commerce and thus the substantive and procedural provisions of the Federal Arbitration Act and the AAA rules identified below govern the interpretation and enforcement of this Section 8. For claims of less than $75,000, the AAA Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) will apply, including the schedule of arbitration fees set out in Section C-8 of the Supplementary Procedures. For claims exceeding $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings will apply.

The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Furthermore, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Adverse Sony Entity as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable lawyers' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Adverse Sony Entity or you.

The arbitrator will make any award in writing but need not provide a statement of reasons unless requested to do so by a party. The arbitrator's award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for the purposes of enforcement.

You or the Adverse Sony Entity may initiate arbitration in either San Mateo County, California, or the county in which you reside. If you select the county of your residence, the Adverse Sony Entity may transfer the arbitration to San Mateo County if it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

If any clause within this Section 8 (other than the Class Action Waiver clause above) is illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 8 will be unenforceable and the Dispute will be decided by a court.

This Section 8 survives this Agreement's termination.

 

9. GOVERNING LAW AND VENUE

If you reside in Japan or in a country/area that is located in East Asia or Southeast Asia, this Agreement is governed by, construed and interpreted in accordance with the laws of Japan, except for its conflict of law rules. Any dispute arising under or in relation to this Agreement shall be exclusively submitted to the Tokyo District Court in Tokyo, Japan.

If you reside in Europe, Africa, Australia and Oceania, the Middle East, India, Ukraine or the Russian Federation, this Agreement is governed by, construed and interpreted in accordance with English Law but you will have the additional protection of the mandatory laws of the country you live in.

If you reside elsewhere, this Agreement is governed by, construed and interpreted in accordance with the laws of the State of California, except for its conflict of law rules. If you are a resident of the United States, any Dispute that is not subject to arbitration and not initiated in a small claims court must be litigated in a court of competent jurisdiction in either the Superior Court for the State of California in the County of San Mateo or in the United States District Court for the Northern District of California.

 

10. GENERAL LEGAL

You are bound by this Agreement's most current version. To access a printable, current version of this Agreement, go to https://doc.dl.playstation.net/doc/ps5-eula/. Your continued access to or use of System Software will signify your acceptance of the latest version of this Agreement.

If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way. You acknowledge that your breach of this Agreement would cause irreparable injury to SIE Inc for which monetary damages would not be an adequate remedy and that SIE Inc is entitled to equitable relief in addition to any other remedies it may have under law.

This Agreement constitutes the entire agreement between you and SIE Inc with respect to System Software and supersedes all prior or contemporaneous understandings regarding its subject matter. No failure to exercise and no delay in exercising any right under this Agreement operates as a waiver of that right. SIE Inc may assign any of its rights under this Agreement, including its rights to enforce this Agreement's terms to any SIE Inc affiliate.

 

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