END USER LICENSE AGREEMENT: AMBITION OF THE ILLUMINUS
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING PHANTASY STAR UNIVERSE Ambition of the Illuminus, (THE "GAME SOFTWARE"). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SEGA CORPORATION OF 1-2-12, HANEDA, OHTA-KU, TOKYO, 144-8531 JAPAN AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA").
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I ACCEPT THE AGREEMENT" and select "NEXT" to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "CANCEL" and Sega shall not grant to you the License (defined below) to the Game Software. Sega requests that you either return the unused Game Software to the place of purchase or contact one of the customer service centers advertised in the information accompanying the Game Software. Please note that there may be a charge for the telephone call to the customer service center.
LIMITED USE LICENSE
The term "Game Software" includes the software included in this video game, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials. Sega grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software solely for your personal use (the "License"). All rights not specifically granted under this License are hereby reserved by Sega and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Game Software, and any related documentation) are owned by Sega or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game Software contains certain licensed materials, and Sega and Sega's licensors may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Game Software.
LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
- without written permission from Sega, exploit the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
- without a separate, additional license, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
- use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Sega in writing;
- make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software;
- sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies without the express prior written consent of Sega;
- reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, improvements, etc. shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation, in any event);
- remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software;
- export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
- create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
LIMITED WARRANTY
Sega warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the "Limited Warranty"). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact Sega to obtain support.
The provisions of the Limited Warranty are valid in the United States and Canada only.
Any applicable implied warranties, including warranties of merchantability and fitness for a particular purpose, are hereby limited to ninety (90) days from the date of purchase of the Game Software, and are subject to the conditions set forth herein. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion of consequential or incidental damages, and in such states and jurisdictions, Sega's and its licensors' liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
The Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Sega and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons. However, Sega and its licensors do not seek to exclude or limit their liability for personal injury arising from their negligence. The Limited Warranty does not apply to used Game Software or to Game Software acquired through private transactions between individuals or purchased from online auction sites.
In no event shall Sega or its licensors be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the Game Software, including without limitation the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the Game Software, or personal injuries, even if Sega has been advised of the possibility of such loss or damages. Furthermore, in no event shall Sega or its licensors be liable for consequential or incidental damages resulting from the breach of any express or implied warranties. Sega's total liability shall not exceed the actual price paid for the Game Software.
TERMINATION
Without prejudice to any other rights of Sega, this License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game Software.
INJUNCTION
Because Sega would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Sega shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold Sega, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents harmless from all claims, damages, costs and expenses (including legal expenses) arising directly or indirectly from your acts or omissions to act in using the Game Software pursuant to the terms of this License.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Sega concerning the License, in relation to the use of the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Sega (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Sega reserves the right to amend this Agreement at any time, at its sole discretion. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.
If you have any questions concerning this Agreement or the License contained therein, you may contact Sega at 650 Townsend Street, Suite 650, San Francisco, CA 94103, USA, Attn. Legal Department.
END USER LICENSE AGREEMENT: PHANTASY STAR UNIVERSE
PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING PHANTASY STAR UNIVERSE, (THE "GAME SOFTWARE"). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SEGA CORPORATION OF 1-2-12, HANEDA, OHTA-KU, TOKYO, 144-8531 JAPAN AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA").
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "I ACCEPT THE AGREEMENT" and select "NEXT" to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "CANCEL" and Sega shall not grant to you the License (defined below) to the Game Software. Sega requests that you either return the unused Game Software to the place of purchase or contact one of the customer service centers advertised in the information accompanying the Game Software. Please note that there may be a charge for the telephone call to the customer service center.
LIMITED USE LICENSE
The term "Game Software" includes the software included in this video game, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials. Sega grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software solely for your personal use (the "License"). All rights not specifically granted under this License are hereby reserved by Sega and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Game Software, and any related documentation) are owned by Sega or its licensors.
The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game Software contains certain licensed materials, and Sega and Sega's licensors may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Game Software.
LICENSE CONDITIONS
You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:
- without written permission from Sega, exploit the Game Software or any of its parts commercially, including but not limited to use at a cyber (Internet) café, computer gaming center or any other location-based site;
- without a separate, additional license, use the Game Software or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
- use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by Sega in writing;
- make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software;
- sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies without the express prior written consent of Sega;
- reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any modifications, adaptations, improvements, etc. shall belong to, vest in and be the exclusive property of Sega and/or its licensors on creation, in any event);
- remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software;
- export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
- create data or executable programs that mimic data or functionality in the Game Software.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Game Software.
LIMITED WARRANTY
Sega warrants to the original consumer purchaser of the Game Software that the recording medium on which the Game Software is recorded shall be free from defects in material and workmanship for a period of ninety (90) days from the original date of purchase (the "Limited Warranty"). If a defect covered by the Limited Warranty occurs during this ninety (90) day period, the defective Game Software shall be replaced by the retailer from which you purchased the Game Software, free of charge. Please retain the original or a photocopy of your dated sales receipt to establish the date of purchase for in-warranty replacement. For replacement, return the product, with its original packaging and receipt, to the retailer from which the software was originally purchased. In the event that you cannot obtain a replacement from the retailer, please contact Sega to obtain support.
The provisions of the Limited Warranty are valid in the United States and Canada only.
Any applicable implied warranties, including warranties of merchantability and fitness for a particular purpose, are hereby limited to ninety (90) days from the date of purchase of the Game Software, and are subject to the conditions set forth herein. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion of consequential or incidental damages, and in such states and jurisdictions, Sega's and its licensors' liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES
The Limited Warranty does not apply if the defects have been caused by your negligence, accident, unreasonable use, modification, tampering, or any other causes not related to defective materials or manufacturing workmanship, and Sega and its licensors shall not be held liable for any damage, injury or loss if caused as a result of any of these reasons. However, Sega and its licensors do not seek to exclude or limit their liability for personal injury arising from their negligence. The Limited Warranty does not apply to used Game Software or to Game Software acquired through private transactions between individuals or purchased from online auction sites.
In no event shall Sega or its licensors be liable for special, incidental, or consequential damages resulting from possession, use or malfunction of the Game Software, including without limitation the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the Game Software, or personal injuries, even if Sega has been advised of the possibility of such loss or damages. Furthermore, in no event shall Sega or its licensors be liable for consequential or incidental damages resulting from the breach of any express or implied warranties. Sega's total liability shall not exceed the actual price paid for the Game Software.
TERMINATION
Without prejudice to any other rights of Sega, this License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game Software.
INJUNCTION
Because Sega would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Sega shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
INDEMNITY
You agree to indemnify, defend and hold Sega, its partners, affiliates, contractors, licensors, officers, directors, employees, and agents harmless from all claims, damages, costs and expenses (including legal expenses) arising directly or indirectly from your acts or omissions to act in using the Game Software pursuant to the terms of this License.
MISCELLANEOUS
This Agreement represents the complete agreement between you and Sega concerning the License, in relation to the use of the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and Sega (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Sega reserves the right to amend this Agreement at any time, at its sole discretion. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and not be affected.
This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts in San Francisco, California.
If you have any questions concerning this Agreement or the License contained therein, you may contact Sega at 650 Townsend Street, Suite 650, San Francisco, CA 94103, USA, Attn. Legal Department.