SIE APPLICATION END USER LICENSE AGREEMENT (Versi...
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`https://doc.dl.playstation.net/doc/pc-app-eula/pc_app_eula_en.html
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`SIE APPLICATION END USER LICENSE AGREEMENT
`(Version 1.1)
`September 1, 2018
`
`PLEASE READ THIS SIE APPLICATION END USER LICENSE AGREEMENT
`("AGREEMENT") CAREFULLY TO UNDERSTAND YOUR RIGHTS AND
`OBLIGATIONS.
`THIS AGREEMENT IS BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT
`INC. ("SIE").  ACCESS TO OR USE OF THE APPLICATION SOFTWARE
`("APPLICATION SOFTWARE") DISTRIBUTED BY SIE FOR USE ON THE DEVICE
`(DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF
`THIS AGREEMENT’S TERMS.  BY USING THE APPLICATION SOFTWARE, YOU
`REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO A CONTRACT UNDER
`THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS
`AGREEMENT’S TERMS.
`You are accepting this AGREEMENT on your behalf and on behalf of other
`people who access or use: (i) the APPLICATION SOFTWARE on the device that
`you own or control and that lawfully runs the applicable versions of Microsoft
`Windows or Mac OS ("DEVICE"); or (ii) your account on PlayStation™Network
`with the APPLICATION SOFTWARE.  You are responsible for other people’s use
`of the APPLICATION SOFTWARE and for their compliance with this
`AGREEMENT’s terms.
`This AGREEMENT applies to the APPLICATION SOFTWARE and any patches,
`updates, upgrades or new versions of that software.
`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 9 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH
`RESPECT TO ANY "DISPUTE" (AS DEFINED IN SECTION 9) BETWEEN YOU AND A
`"SONY ENTITY" (AS DEFINED IN SECTION 9).  YOU HAVE A RIGHT TO OPT OUT
`OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS
`DESCRIBED IN SECTION 9.
`
`1. LICENSE GRANT
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`Subject to this AGREEMENT’s terms, SIE grants you a limited, non-
`transferable, non-exclusive, non-commercial right to use the APPLICATION
`SOFTWARE solely on the DEVICE.  Your rights to use previous versions of the
`APPLICATION SOFTWARE other than the current version of the APPLICATION
`SOFTWARE terminate as soon as you can receive or have the most current
`version of the APPLICATION SOFTWARE installed on the DEVICE.
`Certain license terms for SIE-licensed, third-party software or service may
`require that SIE provides you with notices and license terms for that third-
`party software or service.  These notices and license terms are available to
`you at the place which SIE thinks appropriate.
`All rights to use the APPLICATION SOFTWARE are granted by license only, and
`you are not granted any ownership rights or interests in the APPLICATION
`SOFTWARE.  SIE and its licensors retain all intellectual property rights in the
`APPLICATION SOFTWARE.  All use of or access to the APPLICATION SOFTWARE
`is subject to this AGREEMENT’s terms and applicable intellectual property
`laws.  Except as this AGREEMENT expressly grants, SIE and its licensors
`reserve all rights in the APPLICATION SOFTWARE.
`
`2. RESTRICTIONS
`You may not (i) lease, rent, sublicense, publish, modify, patch, adapt or
`translate the APPLICATION SOFTWARE, or make it available on a network to
`other users; (ii) reverse engineer, decompile or disassemble APPLICATION
`SOFTWARE, create the APPLICATION SOFTWARE derivative works; (iii) attempt
`to create the APPLICATION SOFTWARE source code from its object code; (iv)
`use any unauthorized, illegal, counterfeit or modified hardware or software
`with the APPLICATION SOFTWARE; (v) reinstall earlier versions of the
`APPLICATION SOFTWARE; (vi) violate any laws, regulations or statutes or
`rights of SIE or third parties in connection with your access to or use of the
`APPLICATION SOFTWARE; (vii) obtain the APPLICATION SOFTWARE in any
`manner other than through SIE’s authorized distribution methods; or (viii)
`exploit the APPLICATION SOFTWARE in any unlicensed manner.
`These restrictions will be construed to apply to the greatest extent permitted
`by the law in your jurisdiction.
`
`3. SERVICES AND UPDATES; THIRD PARTY AGREEMENTS AND CONTENT
`SIE may provide you with certain APPLICATION SOFTWARE updates, upgrades
`or services. Some updates, upgrades or services may change your current
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`settings, cause a loss of data or content or cause functionality or feature
`loss.
`The APPLICATION SOFTWARE may refer to, display or provide you with links
`to websites or content that third parties independently operate or maintain
`("Third Party Content and Links").
`SIE and its affiliates do not control or direct Third Party Content and Links
`nor do SIE and its affiliates monitor, approve, endorse, warrant or sponsor
`any Third Party Content and Links.  SIE and its affiliates have no liability to
`you for any Third Party Content and Links.  Your reliance on any Third Party
`Content and Links is at your own risk, and you assume all responsibilities
`and consequences resulting from your reliance.
` 
`4. COLLECTION OF INFORMATION/AUTHENTICATION
`In order to operate SIE’s businesses and deliver products and services, SIE
`may collect and retrieve information about the DEVICE and APPLICATION
`SOFTWARE.  This information may be used for system
`monitoring/diagnostics, marketing purposes and tracking user behavior
`anonymously.  When you sign-in to your Sony Entertainment Network
`account from the APPLICATION SOFTWARE, SIE may be able to link this
`information with your account and other information associated with your
`account.  Please refer to the PSN(SM) Privacy Policy for your region linked
`from SIE's legal documents site at https://doc.dl.playstation.net/doc/legal
`/index.html for further details on how this information will be used and
`who to contact if you have questions.
` 
`5. INTERNET CONNECTION
`Some features of the APPLICATION SOFTWARE may require an Internet
`connection.  You are responsible for all fees incurred in connection with
`access to or use of the Internet.
` 
`6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
`The APPLICATION SOFTWARE is provided "AS IS" without any express or
`implied warranties.  SIE, its affiliates and licensors expressly disclaim any
`implied warranty of merchantability, warranty of fitness for a particular
`purpose and warranty of non-infringement.  SIE does not warrant that
`operation of the APPLICATION SOFTWARE will be uninterrupted or error-
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`free, or that the APPLICATION SOFTWARE will work properly on the
`DEVICES.  SIE may, at SIE’s sole discretion, discontinue supporting the
`APPLICATION SOFTWARE at any time, and SIE has no liability for such
`discontinuance.
`If the APPLICATION SOFTWARE uses online servers, SIE makes no
`commitment to continue to make those servers available.
`IN NO EVENT ARE SIE, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY
`LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER
`DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER
`ARISING, AS A RESULT OF ACCESSING OR USING THE APPLICATION
`SOFTWARE.  SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR
`JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND
`DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF
`ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
` 
`7. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND SIE
`REMEDIES
`If SIE determines that you have violated this AGREEMENT’s terms, SIE may
`itself or may procure the taking of any action to protect its interests such
`as disabling access to or use of some or all APPLICATION SOFTWARE,
`termination of your access to PSN, denial of any services provided in the
`APPLICATION SOFTWARE, or reliance on any other remedial efforts as
`reasonably necessary to prevent the use of modified or unpermitted use
`of the APPLICATION SOFTWARE.
`SIE, its affiliates and licensors reserve the right to bring legal action in the
`event of a violation of this AGREEMENT.  SIE may participate in
`governmental or private legal action or investigation relating to your use
`of the APPLICATION SOFTWARE.
` 
`8. EXPORT CONTROL AND COMPLIANCE WITH LAWS
`The APPLICATION SOFTWARE may contain technology that is subject to
`certain restrictions under export-control laws and regulations.  As such,
`the APPLICATION SOFTWARE may not be exported or re-exported to
`persons and entities in violation of these laws and regulations.  You must
`comply with these laws when using the APPLICATION SOFTWARE.  You
`represent and warrant that (i) you are not located in a country that is
`subject to a U.S. Government embargo, or that has been designated by
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`the U.S. Government as a "terrorist supporting" country; and (ii) you are
`not listed on any U.S. Government list of prohibited or restricted
`parties.
` 
`9. BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS
`The following terms in this Section 9, 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 SIE, Sony Interactive Entertainment LLC, any of their current or
`former affiliates, or any predecessor or successor entity to any of the
`foregoing, including Sony Computer Entertainment Inc., Sony Computer
`Entertainment America LLC, and Sony Interactive Entertainment America
`LLC ("Sony Entity") regarding use of the APPLICATION 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 9 (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 9’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 ENTITIES 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 9.
`IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND
`CLASS ACTION WAIVER IN THIS SECTION 9, YOU MUST NOTIFY SIE IN
`WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS
`AGREEMENT.  YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SONY
`INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE
`ENTERTAINMENT LLC, 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA
`94404, ATTN: LEGAL DEPARTMENT - WAIVER AND MUST INCLUDE: (I)
`YOUR NAME, (II) YOUR ADDRESS, (III) YOUR SIGN-IN ID, IF YOU HAVE
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`ONE, AND (IV) 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 INTERACTIVE ENTERTAINMENT INC. CARE
`OF SONY INTERACTIVE ENTERTAINMENT 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 9.
`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 9’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
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`you provided notice to and negotiated in good faith with the
`Adverse Sony Entity as described above, and 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 9 (other than the Class Action
`Waiver clause above) is illegal or unenforceable, that clause will be
`severed from this Section 9, and the remainder of this Section 9 will
`be given full effect.  If the Class Action Waiver clause is found to be
`illegal or unenforceable, this entire Section 9 will be unenforceable,
`and the Dispute will be decided by a court.
`This Section 9 survives this AGREEMENT’s termination.
` 
`10. GOVERNING LAW AND VENUE
`If you reside in Japan or country/area located in East Asia or
`Southeast Asia, this AGREEMENT is governed by, construed and
`interpreted in accordance with the laws of Japan except for its
`conflict of law rules.  Any dispute arising under or in relation to this
`AGREEMENT shall be exclusively submitted to the Tokyo District
`Court in Tokyo, Japan.
`If you reside in Europe, Africa, Australia and Oceania, Middle East,
`India or Russian Federation, this AGREEMENT is governed by,
`construed and interpreted in accordance with English Law except
`for its conflict of law rules.
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`If you reside elsewhere, this AGREEMENT is governed by,
`construed and interpreted in accordance with the laws of the State
`of California except for its conflict of law rules. If you are a
`resident of the United States, any Dispute not subject to
`arbitration and not initiated in small claims court must be litigated
`in a court of competent jurisdiction in either the Superior Court
`for the State of California in the County of San Mateo or in the
`United States District Court for the Northern District of California.
` 
`11. GENERAL LEGAL
`You are bound by this AGREEMENT’s most current version.  SIE
`may modify this AGREEMENT’s terms at any time.  To access a
`printable, current version of this AGREEMENT, go to
`https://doc.dl.playstation.net/doc/legal/index.html.  Please check
`this URL from time to time for changes to this AGREEMENT.  Your
`continued access to or use of the APPLICATION SOFTWARE will
`signify your acceptance of the latest version of this AGREEMENT.
`If any provision of this AGREEMENT is held invalid, illegal or
`unenforceable, the validity, legality and enforceability of the
`remaining provisions of this AGREEMENT are not affected or
`impaired in any way.  You acknowledge that your breach of this
`AGREEMENT would cause irreparable injury to SIE for which
`monetary damages would not be an adequate remedy and that SIE
`is entitled to equitable relief in addition to any other remedies it
`may have under law.
`This AGREEMENT constitutes the entire AGREEMENT between you
`and SIE with respect to the APPLICATION SOFTWARE and
`supersedes all prior or contemporaneous understandings
`regarding its subject matter.  No failure to exercise and no delay
`in exercising any right under this AGREEMENT operate as a waiver
`of that right.  SIE may assign any of its rights under this
`AGREEMENT, including its rights to enforce this AGREEMENT’s
`terms to any SIE affiliate.
` 
`12. CONTACT.
`If you have any questions or complaints regarding the
`APPLICATION SOFTWARE, please contact our support team listed
`at https://www.playstation.com/support/.
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`Microsoft and Windows are either registered trademarks or
`trademarks of Microsoft Corporation in the United States and/or
`other countries.
`Mac and Mac OS are trademarks of Apple Inc., registered in the
`U.S. and other countries.
` 
`Language selection
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