YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING THIS SOFTWARE. INSTALLING, DOWNLOADING OR USING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE AGREEMENT.
IMPORTANT - READ CAREFULLY: This End -User License Agreement ("LICENSE") is a legal agreement between you and Sony Corporation ("SONY") relating to the application software for PlayStation®3 game console manufactured and sold by or for Sony Computer Entertainment, Inc. ("PS3™") to manage and display the personally recorded audiovisual data, which is made available for use by downloading from a website designated by SONY or its affiliate ("SONY SITE"), and/or by distribution of a media such as CD-ROM or DVD- ROM by or for SONY or its affiliate, including software updates/upgrades thereof and all associated media, printed materials and any online or electronic materials provided in connection therewith ("SOFTWARE"). Notwithstanding the foregoing, software having a separate end user license agreement shall be covered by such a separate end user license agreement and shall be expressly excluded from the SOFTWARE. By installing, copying, downloading or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, SONY is unwilling to license the SOFTWARE to you. In such event, the SOFTWARE will not be available and you may not install, download, use or copy the SOFTWARE.
Your use of the SOFTWARE is subject to the terms and conditions under this LICENSE and those under the "TERMS OF SERVICE AND USER AGREEMENT" provided by PlayStation® Network. In case of conflict between the terms and conditions of this LICENSE and those of "TERMS OF SERVICE AND USER AGREEMENT" the latter shall prevail.
This LICENSE grants you the following rights on a non-exclusive basis:
SOFTWARE. You may install and use the SOFTWARE on your PS3™.
Personal Use. You may use the SOFTWARE for personal use only.
Restrictions. You may not use the SOFTWARE with any products, systems or applications other than with the PS3™.
Limitation on Reverse Engineering, Decompilation and Disassembly. You may not, unless otherwise expressly permitted under this LICENSE or any documentation provided with the SOFTWARE, (i) reproduce, copy or, modify, the SOFTWARE in whole or in part;, or (ii) reverse engineer, decompile, or disassemble the SOFTWARE in whole or in part.
Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer unless expressly authorized by SONY.
Storage/Network Use. You may not use the SOFTWARE over a network or distribute the SOFTWARE to other computers over a network except as specifically described in documentation provided with the SOFTWARE.
Non-Circumvention. You may not bypass, modify, defeat or circumvent any of the functions or protections of the SOFTWARE or any mechanisms operatively linked to the SOFTWARE.
Trademarks and Notices. You may not remove, alter, cover or deface any trademarks or notices on the SOFTWARE.
Data Files. The SOFTWARE may create data files automatically for use with the SOFTWARE. Any such data files will be deemed as part of the SOFTWARE.
Rental. You may not rent or lease the SOFTWARE.
SOFTWARE Transfer. You may not transfer any of your rights under this LICENSE.
Dependent Software. The software, network services or products (including PS3™) other than SOFTWARE upon which the SOFTWARE's performance depends might be interrupted or discontinued at the discretion of the suppliers (software suppliers, service providers, or manufacturers of the products). SONY does not warrant that the software, network services or products will continue to be available, or will operate without interruption or modification.
Termination. Without prejudice to any other rights, SONY may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE or applicable laws, rules or regulations. In such event, you must stop using the SOFTWARE and destroy and/or erase all SOFTWARE and all copies and all component parts thereof within two (2) weeks from such termination and if so requested provide SONY with proof of such destruction and/or erasure.
In the event that this LICENSE is terminated, the following sections shall survive: Termination, COPYRIGHT, EXCLUSION OF WARRANTY ON SOFTWARE, LIMITATION OF LIABILITY, SOFTWARE DATA COLLECTION AND MONITORING, SEVERABILITY, and JURY WAIVER.
Some jurisdictions do not allow restrictions or limitations of your rights and in such case the above restrictions or limitations may not apply to you.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All title and copyright in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets", incorporated into the SOFTWARE), and any copies of the SOFTWARE, are owned by SONY, its’s affiliates or their licensors. All rights not specifically granted under this LICENSE are reserved by SONY.
The SOFTWARE may be capable of being used by you to store, process and use content created by you and third parties. Such content may be protected by copyright, other intellectual property laws, and/or agreements. You agree to use the SOFTWARE only in compliance with all such laws and agreements that apply to such content. You agree that SONY may take appropriate measures to protect copyright of content stored, processed or used by the SOFTWARE. Such measures include, but are not limited to, counting the frequency of your backup and restoration through certain SOFTWARE features, refusal to accept your request to enable restoration of data through certain SOFTWARE features and termination of this LICENSE in the event of your use of the SOFTWARE in violation of this LICENSE or applicable laws, rules or regulations.
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SONY, its’s affiliates and each of their suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
In situations where the SOFTWARE is furnished on media such as CD-ROM or DVD-ROM, SONY warrants, for a period of ninety (90) days from the date of your purchase, the media against defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. The entire liability of SONY and your exclusive remedy will be replacement of the media not meeting limited warranty of SONY and which is returned to SONY with proof of purchase in the form of a bill of sale (which is evidence that the media is within the warranty period). SONY will have no responsibility to replace media damaged by accident, abuse or misapplication. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE is provided "AS IS" and without warranty of any kind and SONY, its affiliates and their licensors (in this section, SONY, its affiliates and their licensors shall be collectively referred to as "SONY") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SONY OR A SONY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE YOU (AND NOT SONY OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Without limiting the foregoing, you expressly understand that any product, other computer hardware, software, or data could be damaged by installing or using the SOFTWARE on your PS3™ and that SONY is not responsible for any such damage. You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk and you are responsible for installation of the SOFTWARE and use of the SOFTWARE with your PS3™.
IN THIS SECTION, SONY, ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS SHALL BE COLLECTIVELY REFERRED TO AS "SONY". TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SONY SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE, PS3™ OR ANY ASSOCIATED HARDWARE, DOWN TIME AND USER'S TIME, EVEN IF SONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF SONY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID ALLOCABLE TO THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
The SOFTWARE contains features which may allow SONY and/or third parties to collect data from, control and/or monitor PS3™s and devices running or interacting with the SOFTWARE. You hereby consent to such activities. The current privacy policy of SONY is located at http://www.sony.co.jp/privacy/.
From time to time, SONY or third parties may automatically update or otherwise modify the SOFTWARE, including, but not limited to, for purposes of enhancement of security functions, error correction and improvement of functions, at such time as you interact with the servers of SONY' or third parties, or otherwise. Such updates or modifications may delete or change the nature of features or other aspects of the SOFTWARE, including functions you may rely upon. You hereby agree that such activities may occur at the sole discretion of SONY and that SONY may condition continued use of the SOFTWARE upon your complete installation or acceptance of such update or modifications. Any updates/modifications shall be deemed to be, and shall constitute part of, the SOFTWARE for purposes of this LICENSE. By acceptance of this LICENSE, you consent to such updates/modifications.
YOU ACKNOWLEDGE THAT THE USE OF THE SOFTWARE IN SOME COUNTRIES, REGIONS, AREAS OR FACILITIES, OR THE EXPORT OF THE SOFTWARE FROM THE COUNTRY WHERE SUCH SOFTWARE DESIGNED TO BE SOLD, MAY BE RESTRICTED OR PROHIBITED. YOU AGREE TO USE OR EXPORT THE SOFTWARE IN ACCORDANCE WITH THE APPLICABLE LAWS, ORDINANCES, RULES AND REGULATIONS OF RELEVANT COUNTRIES, REGIONS, AREAS AND FACILITIES.
If the SOFTWARE is being acquired by or on behalf of the United States government or other entity seeking or applying rights similar to those customarily claimed by the United States government, the SOFTWARE is provided with Restricted Rights and use, duplication, or disclosure by such United States government or entity is subject to restriction as set forth in subparagraph (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable and such SOFTWARE delivered or otherwise furnished shall be marked and embedded the "Notice of Use" as designated by SONY and/or its affiliates and shall be treated in accordance with such notice. The Manufacturer is Sony Corporation, 1-7-1 Konan, Minato-ku, Tokyo, Japan.
This LICENSE shall be governed by the laws of Japan without giving effect to its conflict of laws provisions or the United Nations Convention for Contracts for the International Sale of Goods, which is expressly excluded. Any dispute arising out of this LICENSE shall be subject to the exclusive venue of the Tokyo District Court, and the parties hereby consent to the venue and jurisdiction of such court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE RIGHT OF TRIAL BY JURY, IN SUCH CASE THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.