PLAYSTATION®VR SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.1)
PLEASE READ THIS PLAYSTATION®VR SYSTEM SOFTWARE LICENSE 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 SOFTWARE IN SIE Inc'S PLAYSTATION®VR SYSTEM (“DEVICE”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT’S TERMS. BY USING YOUR DEVICE, 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 DEVICE; or (ii) your account on PlayStation™Network (“Account”) with the DEVICE that you own or control. You are responsible for other people’s use of your DEVICE and for their compliance with this Agreement’s terms.
SIE Inc reserves the right, from time to time, with or without notice to you, to change the terms of this Agreement. The most current version of this Agreement will supersede all previous versions.
This Agreement applies to any system software and firmware included in your DEVICE and any patches, updates, upgrades or new versions thereof. All software and firmware described in this paragraph is referred to collectively as "Software" throughout this Agreement.
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. LICENSE GRANT
Subject to this Agreement's terms, SIE Inc grants you a limited, non-exclusive, non-commercial, non-assignable, revocable right to use Software solely on the DEVICE. Your rights to use previous versions of Software other than the current version of Software terminates as soon as you can receive or have the most current version of Software installed on the DEVICE.
Certain license terms for SIE Inc-licensed, third-party software, technology or service may require that SIE Inc provide you with notices and license terms for that third-party software, technology or service. These notices and license terms are available to you at http://doc.dl.playstation.net/doc/psvr-oss/ or any other place which SIE Inc thinks appropriate.
All rights to use Software are granted by license only, and you are not granted any ownership rights, title or interests in Software. SIE Inc and its licensors retain all intellectual property rights in Software. All use of or access to 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 Software.
You may not (i) distribute, copy, lease, rent, sublicense, publish, modify, patch, adapt or translate Software; (ii) reverse engineer, decompile or disassemble Software, create Software derivative works, or attempt to create Software source code from its object code; (iii) use any unauthorized, illegal, counterfeit or modified hardware or software with Software; (iv) use tools to bypass, disable or circumvent any DEVICE encryption, security or authentication mechanism; (v) reinstall earlier versions of Software (“downgrading”); (vi) violate any laws, regulations or statutes or rights of SIE Inc or third parties in connection with your access to or use of Software; (vii) use any hardware or software to cause Software to accept or use unauthorized, illegal or pirated software or hardware; (viii) obtain Software in any manner other than through SIE Inc's authorized distribution methods; or (ix) exploit Software in any manner other than to use it with the DEVICE according to the accompanying documentation and with authorized software or hardware, including use of Software to design, develop, update or distribute unauthorized software or hardware for use in connection with the DEVICE.
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 Software updates, upgrades or services. Some updates, upgrades or services may be provided automatically without notice to you when you sign in to PlayStation™Network and others may be available to you through SIE Inc's website or authorized channels. You consent to SIE Inc providing you these automatic updates, upgrades and services. Services may include the latest update or download of a new release of Software containing security patches, new technology or revised settings and features that may prevent access to unauthorized or pirated content or prevent use of unauthorized hardware or software in connection with the DEVICE. These updates, upgrades and services may have effects on the functionality of the DEVICE, 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 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 and its affiliates do not control or direct Third Party Content and Links nor do SIE Inc and its affiliates monitor, approve, endorse, warrant or sponsor any Third Party Content and Links. SIE Inc and its affiliates 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.
4. COLLECTION OF INFORMATION/ AUTHENTICATION
5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Software is provided on an "AS IS" and "AS AVAILABLE" basis without any express or implied warranties. SIE Inc may change Software or any part of Software without notice to you at any time. SIE Inc, its affiliates 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 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.
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 Software, disabling use of the DEVICE online or offline, termination of your access to PlayStation™Network, denial of any warranty, repair or other services provided for the DEVICE, implementation of automatic or mandatory updates or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of 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 Software.
7. EXPORT CONTROL AND COMPLIANCE WITH LAWS
Software may contain technology that is subject to certain restrictions under export-control laws and regulations. As such, your DEVICE 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 Software.
8. BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS
The following terms in this Section 8, to the fullest extent permitted under law, only apply to you if you are a resident of the United States or 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 use of 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 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 MAILED 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 from 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 govern if they conflict with the rules of the arbitration organization that the parties select.
The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes involving interstate commerce. However, applicable federal or state law may also apply to the substance of a Dispute. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) apply, including the schedule of arbitration fees set forth in section C-8 of the Supplementary Procedures, for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings apply.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, 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 attorneys' 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 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 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 country/area 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, Middle East, India or Russian Federation, this Agreement is governed by, construed and interpreted in accordance with English Law except for its conflict of law rules.
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 not subject to arbitration and not initiated in 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. SIE Inc may modify this Agreement's terms at any time. To access a printable, current version of this Agreement, go to http://doc.dl.playstation.net/doc/psvr-eula. Please check this URL from time to time for changes to this Agreement. Your continued access to or use of Software by using the DEVICE 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 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 operate 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’s affiliate.