Kick Off the Season with NFL SUNDAY TICKET™ - Now Available

TERMS OF SERVICE AND LICENSE TERMS FOR 2011 DIRECTV NFL SUNDAY TICKET™ APPLICATION AND SERVICE

PLEASE READ THIS ENTIRE SET OF THE DIRECTV NFL SUNDAY TICKET™ TERMS ("TERMS") AND INDICATE WHETHER YOU AGREE TO ITS TERMS BY CHECKING THE BOX INDICATING ACCEPTANCE OF THE TERMS.

YOUR ABILITY TO VIEW THE CONTENT OFFERED THROUGH DIRECTV'S 2011 NFL SUNDAY TICKET™ SERVICE ("SERVICE") IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT CHECK THE BOX. YOU WILL NOT BE ABLE TO ACCESS AND USE THE DIRECTV NFL SUNDAY TICKET™ APPLICATION ("APPLICATION") OR VIEW THE CONTENT OFFERED THROUGH THE SERVICE IF YOU DO NOT AGREE TO THE TERMS.

  1. ACCEPTANCE OF AGREEMENT. This Agreement is a contract between you and Sony Computer Entertainment America LLC ("SCEA") and can be accepted only by an adult 18 years or older. By clicking on the "CONFIRM" box, you affirm that you are over 18 years old and you are accepting the Terms found at http://www.us.playstation.com/nflterms.
  2. PAYMENT OBLIGATIONS AND ELIGIBILITY. In order to download the Application and also access the Service, you must have answered "No" to the question "Are you able to get DIRECTV Satellite Television at your current address?" and make the payments as described on the applicable sign-up page. Any purchase of the Service must be made via the PlayStation®Store and any payments for the Service will be handled by the PlayStation®Wallet. After the start of the 2011 NFL season, you cannot cancel or obtain any refund for amounts paid for the Service. No additional payment is required to access the Service if you already subscribe to NFL SUNDAY TICKET™ and NFL SUNDAY TICKET™ To-Go directly through DIRECTV. The Application and Service are available only through the end of the 2011 NFL regular season.
  3. APPLICATION TERMS.
    1. GRANT OF LICENSE AND INTELLECTUAL PROPERTY OWNERSHIP. SCEA grants you a non-exclusive right to use the Application for personal, non-commercial and its intended use during the 2011 NFL regular season only on a PlayStation®3 computer entertainment system and only within the fifty United States. You may not (i) distribute, allow others to use, rent, lease or sublicense the Application or Service or (ii) modify, adapt, translate, reverse engineer, decompile or disassemble the Application. All intellectual property rights subsisting in the Application, including the software, trademarks, data, and content subsisting in or displayed on the Application (collectively defined as "Property"), belong to SCEA, DIRECTV, Inc., The National Football League or its licensors. All use of or access to the Property shall be subject to the Terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. Except as expressly granted in the Terms, SCEA and its licensors reserve all rights, interests, and remedies in connection with the Property.
    2. IMPROPER USE. Subject to all limitations under these Terms, you may use the Application and access the Service for the sole purpose of its intended use, which includes your personal, non-commercial use. You may not use the Application or Service for any other reason. The following prohibited activities constitute examples of improper use:
      1. You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, invasion of privacy, identity theft, hacking, fraud, and the distribution of counterfeit software.
      2. You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt the operation of the Application or Service.
      3. You may not attempt to hack or reverse engineer any code or equipment in connection with the Application or Service.
      4. You may not introduce content that could be harmful to SCEA, or its licensors, such as any code or virus that may damage any Property or interfere with the use of the Property or the Application or Service.
      5. You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations.
      6. You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds that SCEA, in its sole discretion, finds offensive, hateful, or vulgar. This includes any content or communication that SCEA in its sole discretion deems racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking.
    3. NO WARRANTY. No warranty is given about the quality, functionality, or performance of the Application or Service. THE APPLICATION AND SERVICE, AND ALL CONTENT, MATERIALS AND INFORMATION INCLUDED IN THE APPLICATION AND SERVICE ARE PROVIDED "AS IS" WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, SCEA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    4. NO GUARANTEE OF CONTINUED USE OR AVAILABILITY. SCEA reserves the right to modify, update, supplement and discontinue aspects and elements of the Application and Service without notice to you. From time to time, SCEA may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by SCEA. Such updates or upgrades to the Application may result in changes to the Service. Because use of the Application involves hardware, internet access, and subscription to the Service, your ability to use the Application may be affected by the performance or availability of any of these factors. You acknowledge that use of the Application and delivery of the Service is dependent on these variables, including the speed and availability of your broadband or internet connection. Internet hardware and service are sold separately. You may experience delays or technical difficulties caused by or related to such variables or you may not be able to view your content in the format that you have purchased due to such variables. To the extent permitted by law, you will not receive a refund or credit for any content that you are not able to view or have difficulty viewing due to such variables. We strongly encourage you to purchase access to content suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the viewing capabilities to view content in the appropriate format or at all.
    5. LIMITED QUANTITIES.  Quantities of the Application and Service are limited and SCEA may stop offering the Application and Service at any time, including at any time prior to you completing the purchase process.
  4. DIRECTV NFL SUNDAY TICKET™ CONTENT.
    1. TOSUA TERMS.  The NFL game-related content delivered through the Service ("Content") is provided for your viewing via your purchase of the Service through the PlayStation®Store operated by Sony Network Entertainment International LLC. You agree that your use of the Application and Service is also governed by, and you accept and agree to be bound by, the PlayStation®Network Terms of Service and User Agreement and Privacy Policy (collectively, "TOSUA") and that all Content is governed by terms in the TOSUA covering content provided via the PlayStation®Store. Copies of the TOSUA can be found at http://us.playstation.com/support/termsofuse/. To the extent that the Terms contain terms that conflict with or are in addition to the terms in the TOSUA, the Terms shall govern your use of the Application and Service. You should refer to the most updated version of these Terms for the manner in which you can access the Service and view Content. Content is not "Rental" or "Subscription" content as those terms are used in the TOSUA and is not "Sold" as such term is used in the TOSUA.
    2. AVAILABLE GAMES AND GEOGRAPHY REQUIREMENT. Authorized subscribers to the Service may view Content delivered through the Service via a PlayStation 3 device if the PlayStation 3 device they are using has an IP address associated with one of the fifty United States and the subscriber is located within one of the fifty United States. Content consists of all out-of-market Sunday 2011 regular season games (based on the IP address of the applicable PlayStation 3 device) broadcast on FOX and CBS at 1pm and 4pm ET. Games broadcast on your local FOX or CBS affiliate are not included in the Service and will not be viewable through the Service. The specific number of games viewable by an individual Service subscriber may vary based upon market and other conditions that prevent the display by DIRECTV, Inc. or SCEA of such games through the Service. Service subscribers may only view one game at a time via the Service.
    3. LIMITATIONS ON USE. All Content is provided for your private non-commercial use, enjoyment and home viewing. You may not display, and the Content may not be viewed, in areas open to the public or in commercial establishments. You may not rebroadcast, transmit or perform the programming, charge admission for its viewing or transmit or distribute running accounts of Content.
    4. TRADEMARKS. You may not use any DIRECTV, Inc. or National Football League trademarks. "NFL", the NFL Shield design, "NFL SUNDAY TICKET™" and its respective logo are registered trademarks of the National Football League and its affiliates. Team names, logos and uniform designs are registered trademarks of the teams indicated.
  5. DATA COLLECTION. CERTAIN PERSONAL INFORMATION ABOUT YOU WILL BE TRANSFERRED TO DIRECTV INC. IF YOU SELECT "YES" IN RESPONSE TO THE QUESTION DISPLAYED AS "BY SELECTING 'YES', YOU AUTHORIZE SCEA TO SHARE YOUR FULL NAME, ADDRESS, ZIP CODE AND E-MAIL ADDRESS WITH DIRECTV, INC. AND THIS INFORMATION WILL BE SUBJECT TO THE DIRECTV, INC. PRIVACY POLICY. IF YOU SELECT 'NO', SCEA WILL NOT SHARE THIS INFORMATION WITH DIRECTV, INC. YOUR SUBSCRIPTION TO THE DIRECTV NFL SUNDAY TICKET™ WILL NOT BE AFFECTED IF YOU SELECT 'NO'." IF YOU SELECT "YES" TO THE ABOVE SHOWN QUESTION, THE INFORMATION THAT WILL BE TRANSFERRED TO DIRECTV, INC. IS YOUR FULL NAME, ADDRESS, ZIP CODE AND E-MAIL ADDRESS. THIS INFORMATION WILL BE HANDLED AND USED BY DIRECTV, INC. SUBJECT, TO THE EXTENT APPLICABLE, TO DIRECTV, INC.'S PRIVACY POLICY, A COPY OF WHICH CAN BE FOUND AT
    http://www.directv.com/DTVAPP/content/legal/privacy_policy
    . SCEA may retrieve and share information about your hardware and your use of the Application and Service for authentication, copy protection, account blocking, system monitoring/diagnostics, rule enforcements, and other purposes. Additional information may also be collected under the terms of the TOSUA.
  6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL SCEA, ITS EMPLOYEES, AGENTS, VENDORS, OR LICENSORS (INCLUDING DIRECTV, INC. AND THE NATIONAL FOOTBALL LEAGUE) BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE APPLICATION OR SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THIS LIMITATION OF LIABILITY APPLIES TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENCIAL, SPECIAL , EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF SCEA, ITS EMPLOYEES, AGENTS, VENDORS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  7. INDEMNITY. You will defend, indemnify and hold SCEA and its corporate affiliates and their respective officers, directors, employees, contractors, agents, licensors, business partners, successors and assigns harmless from and against, and will promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Application or Service or any breach of Terms.
  8. MODIFICATION OF TERMS. SCEA, at its sole discretion, may modify any Terms at any time. By accepting the Terms, you agree to be bound by the most current version of the Terms. The most recent version of the Terms may be found at
    http://us.playstation.com/nflterms.
  9. MISCELLANEOUS. The Terms shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California without regard to its conflict of laws provisions. Both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to the Terms shall be brought in a court within San Mateo County, California. In the event of litigation to enforce any part of the Terms, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law. If any provision of the Terms are held invalid or unenforceable, in whole or in part, such provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of the Terms will not be affected thereby. The Terms and all referenced terms within it constitute the entire agreement between the parties related to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, all of which are merged herein.
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