FIELD COMMANDER™
END USER AGREEMENT AND SOFTWARE LICENSE
THIS FIELD COMMANDER™ END 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 FIELD COMMANDER FOR THE PSP™ (PlayStation®Portable)
SYSTEM INCLUDING ANY GAME SOFTWARE, HARDWARE (INCLUDING THE UNIVERSAL MEDIA
DISC (“UMD™”)), PRINTED, ELECTRONIC, AND ONLINE MATERIALS AND ASSOCIATED
MEDIA AND DOCUMENTATION (COLLECTIVELY, THE "GAME"). BY INSTALLING,
COPYING, RUNNING, DISPLAYING, ACCESSING 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 CUSTOMER
SERVICE AT FCSupport@soe.sony.com.
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 vehicle features or maps
("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 necessary back-up copy), distribute, sell, auction, rent,
lease, loan, modify or create derivative works (other than Custom Content to
be solely used with the Game), adapt, translate, perform, display, sublicense
or transfer 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.
2. To play the Game, including
multi-player versions of the Game, you must have all applicable or required
hardware and software to operate the Game (which depending on whether you are
playing a single player version, or one of the multiplayer versions of the
Game, may include, without limitation, a PSP™ system and Memory Stick Duo™)
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
(including those we are not required to collect) and for all hardware
(including, without limitation, the PSP™ system) software, 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 or similar ancillary
products. 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 to you
pursuant to this Agreement.
3. 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.
4. You may transfer your rights
under this Agreement provided that the recipient agrees to the terms of this
Agreement.
5. We may terminate this
Agreement immediately and without notice if you breach this Agreement or
infringe any intellectual property rights, or upon gameplay 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 these
circumstances, you must destroy all copies of the Game and Custom Content
(and all parts thereof).
6. Except for the revocable,
limited license expressly granted hereunder, we and our suppliers shall
retain all rights, title and interest, including, without limitation,
ownership of all intellectual property rights relating to or residing in, the
PSP™ system, the UMD™, the Memory
Stick Duo™, the Game, all copies thereof, and all 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 character(s), vehicles, Custom Content, item(s), or other material or
property, and that all such Custom Content, property, material and items are
exclusively owned by us. The Game is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Game contains
valuable trade secrets of SOE, and that SOE and/or its licensors 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
the Game. You agree to prevent any unauthorized copying or distribution of
the Game. 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.
7. You may not:
(i) use
any unauthorized third party software to modify the Game to change
multiplayer Game play;
(ii) create, facilitate, host,
link to or provide any other means through which the Game may be played by
others, such as through server emulators, except as may be permitted by the
unmodified Game and supported by SOE;
(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, copyrighted or proprietary material relating to the Game; or
(vi) host or provide any
matchmaking service for the Game.
8. SONY ONLINE ENTERTAINMENT LLC WARRANTS TO
THE ORIGINAL PURCHASER OF THIS PRODUCT THAT THE UMD™ 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 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 EXCEPT AS DESCRIBED HEREIN, WE AND OUR SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT
AS DESCRIBED HEREIN, WE PROVIDE THE UMD™ 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 BE LIABLE FOR INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SONY ONLINE
ENTERTAINMENT LLC SOFTWARE PRODUCT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Without limiting the foregoing, we do not
ensure continuous, error-free, secure or virus-free operation of the product
or continued availability of the PSP™ system.
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.
9. We are not liable for any
delay or failure to perform resulting from any causes beyond our reasonable
control. You agree to indemnify, defend and hold harmless SOE, SOE's
affiliated companies and suppliers, and all of their respective officers,
directors, owners, agents, employees, information providers, affiliates,
licensors 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 the Agreement or the foregoing representations, warranties and covenants
or (ii) your use of the Game, PSP™ system, UMD™, Memory Stick Duo™ (for PSP™
system) and any other hardware or software required to play the Game.
10. You shall comply with all
applicable laws regarding your playing of the Game on any fixed media on
which it appears (including the UMD™). Without limiting the foregoing, you
may not use or otherwise export or re-export the Game except in full
compliance with all applicable laws and regulations, including, without
limitation, the laws of the United
States.
11. 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 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 herein, 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 herein, this Agreement may not be
amended except in a writing signed by both parties.
12. All services hereunder are
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.
13. 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.