END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. Sega Corporation of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Game Software.”
If you have any questions about this agreement, you can reach SEGA at 27 Great West Road, Brentford, Middlesex, TW8 9BW, England, Attn. Legal Department.
This is a legal agreement between you and SEGA. Please review this End User License Agreement (“Agreement”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”) and please inquire about anything you do not understand. If you are not eighteen (18) years of age, have your parents review this Agreement. By installing, copying and/or otherwise using the Game Software you are signifying your acknowledgement, acceptance and agreement to this Agreement.
IMPORTANT - READ CAREFULLY: BY INSTALLING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. THE "GAME SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THE VIDEO GAME, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE VIDEO GAME, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. THE AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/legal/terms.php, INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/legal/privacy.php). BY OPENING THE GAME SOFTWARE, INSTALLING, AND/OR USING THE GAME SOFTWARE AND ANY OTHER MATERIALS INCLUDED WITH THE GAME SOFTWARE, AND ANY UPDATES AND UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH SEGA. THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE OR ANY PRODUCTS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING THE GAME SOFTWARE. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE, AND SEGA SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE GAME SOFTWARE. SEGA requests that you contact one of the customer service centers advertised in the information accompanying the Game Software. Please note that there may be a charge for the telephone call to the customer service center.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software is offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software may be subject to additional terms and conditions promulgated by SEGA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://www.sega.co.uk/legal/terms.php or http://www.sega.co.uk/legal/privacy.php. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches or updates you may obtain for the Software. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software. All rights not specifically granted under this Agreement are hereby reserved by Sega and, as applicable, by its licensors.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by SEGA or SEGA’s licensors.
The Game Software is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Game Software contains certain licensed materials, and Sega and Sega's licensors may protect their rights in the event of any violation of this Agreement.
4. NO SALE OR ASSIGNMENT
SEGA does not recognize the transfer of the Game Software. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Game Software or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Game Software or permit the use of the Game Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time;
(c) use the Game Software, or permit use of the Game Software, or make the Game Software available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software;
(g) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game Software unless provided for in Section 5(i) below; or
(i) use the part of the Game Software which allows you to construct new variations ("Editor") to create new levels which (i) can be used otherwise in connection with the Game Software; (ii) to modify any executable file; (iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (iv) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Game Software.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND GAME SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFR