SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.4) FOR THE PlayStation®3 SYSTEM
December 10, 2009
PLEASE READ THIS 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 PlayStation®3 COMPUTER ENTERTAINMENT SYSTEM UNIT ("PS3™ system") IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
This Agreement is a contract with SCE. This Agreement applies to any system software or firmware included in the PS3™ system, and any patches, updates, upgrades, or new versions of the system software or firmware provided to or made available for your PS3™ system through any SCE service or online network, SCE website or PS3™ system game disc (software is collectively, "System Software").
1. LICENSE GRANT
Subject to the terms and conditions of this Agreement, all System Software is licensed to users solely for personal, non-commercial use on the PS3™ system in the country in which the PS3™ system was designed by SCE to operate. To the extent permitted by applicable law, your rights to use or access the current version of the System Software will cease upon installation of a newer version of the System Software onto your PS3™ system, whether such installation occurs through manual or automatic download by SCE through SCE's online network, or otherwise.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 through SCE's authorized distribution methods. Your use or access to open source software or freeware included with the System Software is subject to additional terms and conditions set forth in the instruction manual or documentation for the PS3™ system or at http://www.scei.co.jp/ps3-license/index.html. Such additional terms are hereby incorporated by reference. You do not have any ownership rights or interests in the System Software. All intellectual property rights therein belong to SCE and its licensors, and all use or access to 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.
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 PS3™ system; (ii) violate any laws, regulations or statutes, or rights of SCE, its affiliated companies, 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 PS3™ 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 PS3™ system for any reason. Without limiting the scope of SCE's remedies, any violation of these restrictions will void the PS3™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies.
3. SERVICES AND UPDATES
4. COLLECTION OF INFORMATION/ AUTHENTICATION
5. INTERNET FEATURES
Use of any feature that requires access to internet connection, including the PS3™ system's internet browser (“Internet Features”) is at your own risk. Internet Features may require wireless LAN access which may NOT be available at your location, 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, or accessing any of the content 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.
6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The System Software and the contents, programs, services and websites on or provided through the System Software, including Internet Features and information on Linked Sites 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, PROGRAMS, FEATURES, SERVICES OR INFORMATION 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.
If SCE determines that you have violated the terms of this Agreement, SCE may take all actions to protect its interests, including denial of any services such as warranty services and repair services provided for your PS3™ system and termination of your access to PlayStation®Network, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of a modified PS3™ system, or any pirated material or equipment. SCE and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. SCE reserves the right to participate in any government or private legal action or investigation relating to your conduct.
8. EXPORT CONTROL
The PS3™ system may contain technology that is subject to certain restrictions under the 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 PS3™ system may not be exported or re-exported to persons and entities prohibited by such laws and regulations.
9. 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/ps3-eula/ on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time, including any terms in the PS3™ system documentation or manual, or at http://www.scei.co.jp/ps3-license/index.html. Please check back on this website 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. In the event of any conflict between this Agreement and the Terms of Service and User Agreement for SCE's online network, the terms of this Agreement shall control the use of or access to, the System Software.