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UNTOLD LEGENDS™ DARK KINGDOM™

USER AGREEMENT AND SOFTWARE LICENSE

 

THIS UNTOLD LEGENDS™ DARK KINGDOM™ USER AGREEMENT AND SOFTWARE LICENSE (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND SONY ONLINE ENTERTAINMENT LLC ("SOE" OR "WE") WITH RESPECT TO YOUR USE OF UNTOLD LEGENDS DARK KINGDOM -- INCLUDING ANY SOFTWARE, SOUND AND MUSIC; PRINTED, ELECTRONIC, AND ONLINE MATERIALS; ASSOCIATED MEDIA AND DOCUMENTATION; AND ANY EXPANSION PACKS, ADD-ONS, UPDATES, MODIFICATIONS AND ENHANCEMENTS (ALL OF THE ABOVE COLLECTIVELY, THE "GAME") FOR THE PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM.  BY INSTALLING, DISPLAYING, ACCESSING, OPERATING OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE GAME AND YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THIS PRODUCT. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE CONTACT SOE CUSTOMER SERVICE AT SOEsupport@soe.sony.com.

 

This Agreement can be accepted only by an adult 18 years or older. You affirm that you are an adult 18 years or older and you are accepting this Agreement on your own behalf or on behalf of your minor child (under 18).

1.         Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, limited, personal, revocable license to use the Game. The Game also may include certain features that enable you to create custom content, such as character features ("Custom Content") for your non-commercial use with the Game. All Custom Content is part of the Game as defined herein. You may not copy (except to make one back-up copy, as necessary), commercially exploit, rent, lease, loan, modify or create derivative works (other than Custom Content to be solely used by you with the Game), adapt, translate, publish, perform, publicly display, license or sublicense all or any portion of the Game. You may not copy any of the written materials accompanying the Game. You may not reverse engineer, disassemble or decompile all or any part of the Game, except to the extent that this restriction is expressly prohibited by applicable law. The Game may contain license management software that restricts your use of the Game.  Any rights that SOE does not expressly grant you in this Agreement are expressly reserved by SOE.

 

2.         In order to access certain multiplayer features related to the Game and/or to purchase any Game content sold separately through Sony Computer Entertainment America’s PlayStation® Network (“PSN”), you must agree to the PSN Terms of Service and User Agreement and have a valid PSN account in good standing.  You understand and agree that if you violate the PSN Terms of Service and User Agreement, Sony Computer Entertainment America (herein, “SCEA”) may suspend or terminate your PSN account, which may include any associated sub-accounts, and you may lose access to Game content and features for all such accounts.

 

3.         To play the Game, including multi-player versions of the Game, you must purchase or receive through an SOE-authorized promotional offer (such as an authentic Blu-Ray Disc bundled with a game magazine) either the Game Blu-Ray Disc (which includes software required for the Game) or applicable files which may be available for direct download, and have all applicable or required hardware and peripherals to operate the Game (which we do not provide and which are sold separately). In addition to any fees described herein, you are responsible for paying all applicable taxes and for all hardware, peripheral devices, other software, internet, service and other costs you incur to play the Game. This Agreement does not entitle you to any subsequent releases of the Game, nor to any expansion packs, updates, enhancements, sequels, prequels, add-ons or similar ancillary products or services for the Game. You understand that we may update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates or enhancements to you pursuant to this Agreement.  You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.  Game experience may change during online play.

 

4.         We may amend this Agreement at any time in our sole discretion. Such amendments shall be effective whenever we make the notification available for your review.

 

5.         With respect to packaged goods Game software (as opposed to Game software purchased online through the PSN and digitally downloaded to your PLAYSTATION®3 system), you may transfer your rights to use such packaged goods Game software to another person provided that (i) you transfer the original product and this Agreement and (ii) the recipient agrees to the terms of this Agreement.  Notwithstanding the above, however, downloaded versions of this Game software, any other Game-related content downloaded through the PSN, and any data associated with your PSN account are non-transferable.  

 

6.         We may terminate this Agreement (including your software license) immediately and without notice if: (i) you breach or violate any provision of this Agreement; (ii) you or anyone you permit to use the Game infringe any intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; and/or (iv) upon game play, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game.  If we terminate this Agreement under any such circumstances, you must destroy all copies of the Game and all Custom Content (and all parts thereof), you will lose access to the Game and you will not be entitled to any refund for the purchase price of the Game or any expansions, add-ons, products or services related to the Game that you may have purchased. This Game may include online features that must be accessed through the PSN via SOE’s and/or SCEA’s servers and your access to such features is subject to your acceptance of the PSN Terms of Service and User Agreement. You understand and agree that such servers are hosted by SOE and/or SCEA at their discretion and may be terminated or otherwise discontinued by SOE and/or SCEA in each of their sole discretion – and that such discontinuation will disable so-called “peer to peer” multiplayer online functionality.  

 

7.         If SOE determines, in its sole discretion, to offer certain updates, add-ons or additional content to the Game to be purchased separately, you will be required to pay the applicable cost before accessing such content in accordance with the PSN Terms of Service and User Agreement.  SOE and its designees are not responsible for the sale of any such software that is purchased and downloaded through the PSN and therefore do not give full or partial refunds for any such purchases.

 

8.         We cannot ensure that your private communications related to the Game will not be disclosed to third parties. For example, we, our designees or SCEA may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.  Additionally, we, our designees or SCEA can (and you authorize us, our designees or SCEA to) disclose any information about you to private entities, law enforcement or other government officials as each of us, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or in exigent circumstances involving risk of harm to any person. Furthermore, if you request any technical support, you consent to our, our designees or SCEA’s remote accessing and review of the PLAYSTATION®3 computer entertainment system unit onto which you load the Game software for purposes of support and debugging. You agree that we, our designees or SCEA may communicate with you via telephone, email, chat and any similar technology for any purpose relating to the Game and any services or software which may in the future be provided by us or on our behalf. You may choose to visit www.station.com or other SOE web sites if such web sites offer services such as a game-themed chat room or other services of interest to you.  You are subject to the terms and conditions, privacy customs and policies of SOE while on such web sites and in connection with use of the Game, which terms and conditions, policies and customs are incorporated herein by this reference.  Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching, updating, modifying and enhancing the Game (whether such patches, updates, modifications and enhancements are included with your purchase of the Game or are sold separately) and ensuring the integrity of the Game, you hereby grant us permission to (i) upload Game-related file information and data from the Game directory and (ii) download Game files and Game-related data to you. You acknowledge that any and all communications that you make either in the Game matching service or within the Game (including, but not limited to, messages solely directed at another player or group of players) may traverse through servers run by us or SCEA, may or may not be monitored by us, our agents, or SCEA but – in any event -- you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive. If you are not a resident of the United States, you nonetheless acknowledge and agree that we may transfer Game information (including, without limitation, your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game.  The Game may incorporate third party ad serving technology from third parties. This technology, if used by SOE and provided to you, enables certain advertising to be temporarily uploaded to your PLAYSTATION®3 unit and replaced in-game while connected online. As part of that process, neither SOE nor the third party ad serving company collects any personally identifiable information about you and only temporarily logs select non-personally identifiable information (such as IP address). No logged information is used by such third parties to determine any personally identifiable information about you.

 

9.         Except for the revocable, limited license expressly granted hereunder, we and our parent, affiliates, licensors and suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Game, in whole or in part, all copies thereof, and all Game character and other Game data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Game, including, without limitation, in any software, character(s), Custom Content, item(s), or other material or property, whether virtual or real, and that all such Custom Content, property, material and items are exclusively owned by SOE and our parent, affiliates, licensors and suppliers. The Game is copyrighted and protected by United States copyright laws and international treaty provisions.  You acknowledge that the Game contains valuable trade secrets of SOE and its licensors and suppliers, and that SOE and/or its licensors and suppliers own all intellectual property rights in and to the Game, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Game. You agree that this Agreement shall be retained with all printed and electronic copies of the Game and documentation constituting or included with the Game. You agree to prevent any unauthorized copying or distribution of the Game (in whole or in part). Except for the license as expressly provided herein, SOE does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of SOE and/or its licensors.

 

10.        You may not:

(i)         use any unauthorized third party software to modify the Game to change or affect Game play;

(ii)        create, facilitate, host, advertise, promote, link to or provide any other means through which the Game may be accessed, modified or played by others, such as through server or platform emulators, except as is supported by the unmodified Game;

           

(iii)       exploit the Game or any of its component parts for any commercial purpose (including but not limited to, exploitation at a cyber cafe or gaming center) without prior written consent of SOE;

(iv)       sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any Custom Content, mods, derivatives, copyrighted or proprietary material relating to the Game;

(v)        host or provide any matchmaking service for the Game;

 

(vi)       take any action which imposes an unreasonable or disproportionately large load on our, or our designees or affiliates, infrastructure;

 

(vii)      intentionally or unintentionally violate, or encourage or facilitate the ability of any other person to violate, any applicable local, state, national or international law, rule or regulation;

 

(viii)      post, transmit, distribute or facilitate the posting, transmission or distribution of any content or materials that contain a virus, trojan horse, keystroke logger, worm, bot, time bomb, cancelbot, corrupted data or other computer programming routines that are intended to, or have the result of, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

 

(ix)       transmit, post or distribute, or facilitate the transmission, posting or distribution of any message, computer software, data, databases, text, displays, screenshots, user interfaces, artwork, characters, items, software or graphic files, pictures, video, information or other materials, whether in written, digital, oral, machine-readable, electronic or visual form that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic or harmful to minors, that may be invasive of another's right of privacy or publicity, infringe any intellectual property or other rights, hateful, racially, ethnically or otherwise objectionable.

 

11.        SONY ONLINE ENTERTAINMENT LLC WARRANTS TO THE ORIGINAL PURCHASER OF THIS PRODUCT THAT THE BLU-RAY DISC IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF PURCHASE. SONY ONLINE ENTERTAINMENT LLC AGREES FOR A PERIOD OF NINETY (90) DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THIS PRODUCT. YOU MUST CALL (858) 537-0898 TO RECEIVE INSTRUCTIONS TO OBTAIN REPAIR/REPLACE SERVICES. THIS WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT IN THE BLU-RAY DISC HAS ARISEN THROUGH ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT.  THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE SOE.  SOE MAKES NO PROMISE THAT THE GAME OR SOFTWARE WILL WORK PROPERLY WITH ANY UNLICENSED PERIPHERAL DEVICE INCLUDING, BUT NOT LIMITED TO, UNLICENSED MEMORY CARD ADAPTERS OR MEMORY STICKS.  Always look for the official PLAYSTATION®3 logotype when purchasing a peripheral device. 

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE SONY ONLINE ENTERTAINMENT LLC OR ANY COMPANY AFFILIATED WITH SOE.  EXCEPT AS DESCRIBED HEREIN, WE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, UNINTERRUPTED USE AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS DESCRIBED HEREIN, WE PROVIDE THE BLU-RAY DISC AND THE GAME AND ALL OTHER SERVICES "AS IS".  ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE NINETY (90) DAY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL SONY ONLINE ENTERTAINMENT LLC OR ITS SUPPLIERS, LICENSORS, PARENT, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, INFORMATION, INJURY OR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) ARISING OUT OF OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE BLU-RAY DISC, THE GAME OR THIS AGREEMENT OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY.  OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50.  Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Game or any given server or Game feature or continued availability of the PLAYSTATION®3 system.   The entire risk arising out of use or performance of the Game remains with the user.

 

Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages or liability, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

 

12.        We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.  Further, we cannot and do not promise or ensure that you will be able to access online features of the Game whenever you want, and there may be extended periods of time when you cannot access certain online features of the Game. You agree to indemnify, defend and hold harmless SOE, SOE's affiliated companies, licensors and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, designees and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of this Agreement or the foregoing representations, warranties and covenants or (ii) your use of the Game, PLAYSTATION®3 system, Blu-Ray Disc and any other hardware or software required or used to play the Game, including use of or access to the internet. 

 

13.        You shall comply with all applicable laws regarding your use of the PLAYSTATION®3 system, Blu-Ray Disc, the Game and your playing of the Game. Without limiting the foregoing, you may not use or otherwise export or re-export the Game except in full compliance with all applicable laws, rules and regulations, including, without limitation, the laws of the United States.  The Game may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (including, but not limited to, the Denied Persons List).  By downloading, installing and/or using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

14.        This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and intended to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as set forth in paragraph 5 above, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided in paragraph 4 above, this Agreement may not be amended except in a writing signed by both parties.

15.        The Game is offered by Sony Online Entertainment LLC, located at 8928 Terman Court, San Diego, California 92121.  Our phone number is (858) 537-0898. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA  95814, or by telephone at (800) 952-5210.

 

16.        The Game is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.

 

Any conflict between this EULA and the PSN Terms of Service and User Agreement shall be resolved in favor of the PSN Terms of Service and User Agreement.