SOFTWARE PRODUCT LICENSE AGREEMENT
BY PURCHASING, DOWNLOADING OR USING THE SOFTWARE PRODUCT (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS SOFTWARE PRODUCT LICENSE AGREEMENT (“AGREEMENT”). If you do not agree to the terms of this Agreement, do not purchase, download or use the Software.
Please read this entire Agreement, which governs your use of the Software. This Agreement is between the publisher of the Software ("Licensor") and you. The identity of Licensor can be found on the packaging for physical products (e.g., the Blu-ray game disc box) or on the online store page for downloadable products (e.g., PlayStation®Store game page). This Agreement applies to you unless you and Licensor enter into a separate, valid license agreement, in which case the terms of that separate license agreement will govern.
If Licensor is Sony Computer Entertainment America LLC (“SCEA”), this Agreement is between you and SCEA. If Licensor is not SCEA, then (a) Licensor, not SCEA, is solely responsible for the Software; and (b) SCEA is a third-party beneficiary of this Agreement, which means that SCEA has the right to enforce the terms of the Agreement against you.
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 6 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED IN SECTION 6) BETWEEN YOU AND A SONY ENTITY (AS DEFINED IN SECTION 6). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 6.
- GRANT OF LICENSE. The Software is licensed to you, not sold. Upon installation of the Software, Licensor grants to you a limited, non-exclusive license to use the Software for personal use on your PlayStation® system (e.g., PlayStation®4 system, PlayStation®3 system, PlayStation®Vita system, PSP® (PlayStation®Portable) system and all other current and future PlayStation® systems). For PlayStation4 Software only, Licensor also grants to you a limited, non-exclusive license to use the share button to replicate or stream the Software’s audio and video output to third-party services supported by the PlayStation4 system where the Software permits use of the Share button and where Licensor has the rights to permit you to record, edit and share the Software’s content. This limited, non-exclusive license includes recording portions of the Software’s content to the PlayStation®4 system and to use that system’s tools to edit those recordings. Any rights in the Software not explicitly granted to you in this license are reserved by Licensor, including rights to all intellectual property contained in the Software. This license does not include the right to, and you agree not to (a) rent, lease or sublicense the Software or make it available on a network to other users; (b) modify, adapt, translate, reverse engineer, decompile or disassemble the Software; (c) create derivative works from the Software; or (d) copy, publicly perform or broadcast the Software in an unauthorized manner.
- UPDATES AND ONLINE SERVER SUPPORT. This Agreement will apply to all Software updates. Licensor may, by automatic update or otherwise, modify the Software at any time for any reason. If the Software uses online servers, Licensor makes no commitment to continue to make those servers available.
- INTERNET CONNECTION. Some Software features may require an internet connection, which you must provide at your expense. You are responsible for all costs and fees charged by your internet service provider related to the download and use of the Software.
- WARRANTY/DISCLAIMER/LIABILITY LIMITATIONS. EXCEPT AS PROVIDED HEREIN, THE SOFTWARE AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT ALLOWABLE UNDER LAW, LICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER PRODUCT, OR THAT THE SOFTWARE WILL WORK PROPERLY ON ALL DEVICES. LICENSOR MAY, AT ITS SOLE DISCRETION, DISCONTINUE SUPPORTING THE SOFTWARE AT ANY TIME, AND LICENSOR HAS NO LIABILITY FOR SUCH DISCONTINUANCE. LICENSOR WILL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS, LOSS OF DATA OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THE SOFTWARE. IF LICENSOR IS SCEA AND THE SOFTWARE IS PURCHASED AS PHYSICAL MEDIA (E.G., BLU-RAY DISC OR MEMORY CARD), SCEA WARRANTS TO THE ORIGINAL PURCHASER OF THE PHYSICAL MEDIA THAT THE SOFTWARE IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 90 DAYS FROM THE ORIGINAL DATE OF PURCHASE. SCEA AGREES FOR A PERIOD OF 90 DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THE SCEA SOFTWARE. PLEASE CONTACT SCEA CUSTOMER SUPPORT AS SET FORTH IN SECTION 7 BELOW TO RECEIVE INSTRUCTIONS TO OBTAIN THE REPAIR OR REPLACEMENT. THIS WARRANTY SHALL NOT BE APPLICABLE AND SHALL BE VOID IF THE DEFECT IN THE SCEA SOFTWARE HAS ARISEN THROUGH ABUSE, UNREASONABLE USE, MISTREATMENT OR NEGLECT. SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITIES OR WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- MISCELLANEOUS. This Agreement 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. If the binding arbitration terms of Section 6 do not apply or are not enforceable on any Dispute, both parties submit to personal jurisdiction in California and further agree that such Dispute shall be brought in a court within San Mateo County, California. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes 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. Sections 4, 5 and 6 survive the termination of this Agreement.
IF LICENSOR IS SCEA, SECTIONS 6 AND 7 APPLY.
- BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS.
- The following terms in this Section 6, 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 SCEA or any Sony affiliate ("Sony Entity") regarding the use of the 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 6 (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 6’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 ENTITITY 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 6.
- IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 6, YOU MUST NOTIFY SCEA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SONY COMPUTER ENTERTAINMENT AMERICA 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 COMPUTER ENTERTAINMENT AMERICA 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 6.
- 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 6’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 6 (other than the Class Action Waiver clause above) is illegal or unenforceable, that clause will be severed from this Section 6, and the remainder of this Section 6 will be given full effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 6 will be unenforceable, and the Dispute will be decided by a court.
- This Section 6 survives this Agreement’s termination.
- QUESTIONS, COMPLAINTS OR CLAIMS. You may submit any questions, complaints or claims with respect to SCEA Software to Customer Support.
- USE OF UNAUTHORIZED PRODUCTS. The use of software, peripherals or other products not authorized by SCEA may damage your PlayStation system and / or invalidate your PlayStation system warranty. Only official or licensed software and peripherals should be used with your PlayStation system (e.g., in the controller ports and memory card slots).