SYSTEM SOFTWARE LICENSE AGREEMENT FOR THE PSP™ (PLAYSTATION®PORTABLE) SYSTEM
April 14, 2009
PLEASE READ THE SYSTEM SOFTWARE LICENSE AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN THE SONY COMPUTER ENTERTAINMENT INC. ("SCE")'S PSP™ (PLAYSTATION®PORTABLE) HANDHELD ENTERTAINMENT SYSTEM ("PSP™ system") IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THIS AGREEMENT.
This Agreement is a contract with SCE. This Agreement applies to any system software or firmware included in the PSP™ system, and any patches, updates, upgrades, or new versions of the system software or firmware provided to or made available for your PSP™ system through any SCE service or online network, SCE website or PSP™ system game disc (software is collectively, "System Software").
1. LICENSE GRANT
All intellectual property rights in the content, code, and data provided as part of any system software update, upgrade, or new version (referred to hereafter as "System Software"), belong to SCE or its licensors and all use of such System Software shall be subject to the terms of this Agreement and all applicable copyright and intellectual property laws. Except as expressly granted in this Agreement, SCE and its licensors reserve all rights, interests and remedies.
Subject to the terms and conditions of this Agreement SCE grants you a non-exclusive, non-commercial right to the System Software for use solely on your PSP™ system. To the extent permitted by applicable law, your rights to use or access the current version of the System Software shall cease upon installation of a newer version of the System Software onto your PSP™ system, whether such installation occurs through manual or automatic download by SCE through SCE’s online network, or otherwise. SCE does not grant any license to System Software obtained by users in any manner other than SCE's authorized distribution methods. You do not have any ownership rights or interests in the System Software.
You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of tools to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PSP™ system; (ii) violate any laws, regulations or statutes, or rights of SCE or third parties in connection with your access to or use of the System Software, including the access, use, or distribution of any software or hardware that you know or should have known to be infringing or pirated; (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware; (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods; or (v) exploit the System Software in any manner other than to use it in your PSP™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PSP™ system for any reason. Any violation of these restrictions may void the PSP™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies.
PSP™ System Software may contain technology that is subject to export control laws and regulations of the United States, including but not limited to the Export Administration Regulations and the embargo and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. As such, the PSP™ system may not be exported or re-exported to persons and entities prohibited by such laws and regulations.
3. SERVICES AND UPDATES
4. COLLECTION OF INFORMATION/AUTHENTICATION
SCE may use DNAS (Dynamic Network Authentication System), a proprietary system designed to authenticate game titles and the PSP™ system when you connect the PSP™ system to a network. DNAS may retrieve information about your hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected is not your personally identifying information and there is no way to identify you from the information collected by DNAS. Any unauthorized transfer, exhibition, export, import or transmission of programs and devices circumventing DNAS may be prohibited by law. SCE reserves the right to use any other authentication or security system, or method in connection with the PSP™ system.
Use of any feature that requires access to internet connection, including the PSP™ system's internet browser, Macromedia® Flash® Player, Skype, internet radio and any other features that utilize the internet connection (“Internet Features”) is at your own risk. Internet Features may require wireless LAN access which may NOT be available at your location, be free of charge, or free from interruption or disconnections. See your wireless LAN provider for details. Internet Features may NOT support all wireless LAN access connection points or Web sites. Browsing websites, playing programs or data, or downloads of programs or data, may result in viruses, loss or corruption of data, or other problems. You must comply with all applicable laws and regulations. See other terms and conditions of use in the user's manuals.
You are responsible for all fees in connection with access to or use of the internet.
Any content that is saved under a file name beginning with "[RSS]" may be deleted from your Memory Stick™ when new content is added to your Memory Stick™ using the RSS Channel feature. Do not save your content under a file name that begins with "[RSS]" and back up on other file or storage media, if you do not want such content to be deleted.
System Software contains Macromedia® Flash® Player technology by Adobe
Copyright © 1995-2008 Adobe Systems, Inc. All rights reserved.
Macromedia, Flash and Macromedia Flash are trademarks or registered trademarks of Adobe Systems Incorporated in the United States and internationally.
5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The System Software and the contents, services, programs on or provided through the System Software, including the Internet Features are provided "AS IS". SCE and its affiliated companies expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.
SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, FEATURES, SERVICES, OR PROGRAMS ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. NOTICE FOR U.S. CONSUMERS
The System Software contains additional software to facilitate access to the T-Mobile USA Inc. ("T-Mobile") wireless LAN service ("TMHS Service"). Use of the TMHS Service is subject to T-Mobile's terms and conditions which can be found at http://selfcare.hotspot.t-mobile.com/terms.do and include, but are not limited to, the provisions set forth below. BY USING THE TMHS SERVICE YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY T-MOBILE'S TERMS AND CONDITIONS OF SERVICE. If you do not agree to T-Mobile's terms and conditions of service, do not use the TMHS Service.
You agree not to use or attempt to use the TMHS Service or your PSP™ system for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to T-Mobile's business, reputation, employees, subscribers, facilities, or to any person. You acknowledge that the TMHS Service is not inherently secure. T-Mobile is not liable for any lack of security that may result from your use of the TMHS Service. THE TMHS SERVICE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE TMHS SERVICE.
The TMHS Service is only available at designated TMHS Service locations and is not available outside the United States. TMHS Service locations are subject to change at any time without notice. T-MOBILE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE TMHS SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; LOSS DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR PSP™ SYSTEM THROUGH THE TMHS SERVICE OR ACCESS TO THE WORLD WIDE WEB. You agree to defend, indemnify and hold T-Mobile harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the TMHS Service with your PSP™ system or your violation of T-Mobile's terms and conditions of service.
7. GENERAL LEGAL
By using or accessing the System Software, you agree to be bound by all current terms of this Agreement. To access a printable, current copy of this Agreement, go to http://www.scei.co.jp/psp-eula on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time. Please check back on this Web site from time to time for changes to this Agreement. Your continued access to or use of the System Software will signify your acceptance of any changes to this Agreement.