This Free Realms End User License Agreement (the "Agreement"), along with our Terms of Service and Privacy Policy located at www.freerealms.com (the "Site"), describe the terms by which Sony Online Entertainment LLC ("SOE" or "We" or "Us") offers you (1) the right to download and install our Free Realms client software and related documentation (the "Software") and (2) the right to use the Software in conjunction with your registered Station account ("Account") to access and play the online computer game entitled Free Realms, including any and all features, assets or services associated therewith (collectively referred to herein as the "Game").
By checking the Agreement acceptance box, you represent that you are of legal age in your jurisdiction and are accepting this Agreement in its entirety either on behalf of yourself or your minor child. If you do not affirmatively accept this Agreement, you decline our offer and you are not permitted to download or use the Software or access the Game. If, by technical or other means, you bypass or disable the Agreement acceptance box, then by installing, playing, copying, downloading, accessing or otherwise using the Software or the Game, you agree to be bound by the terms of the then-current Agreement and the Site. If you have purchased the Game or Game-related assets on tangible media (such as a game card) but have declined this Agreement, you should promptly contact your place of purchase for a refund in accordance with its return policy. If you have any questions regarding this Agreement, please contact customer service at accounts@soe.sony.com.
1. SERVICES AND CONTENT OF Free Realms
1.1 SOE Agreements and Policies
The Game is a multi-user online computer game offered by SOE. Your use of the Software, the Game and your access to and use of the Site is subject at all times to this Agreement, as well as the Terms of Service, our Privacy Policy and any other applicable rules or restrictions set forth on the Site (collectively, the "Rules"). Any terms not defined in this Agreement have the meaning given to them in the applicable Rules. If there is a direct conflict between this Agreement, the Terms of Service or any other Rules, this Agreement shall control with regard to your access and use of the Software and Game. The Rules are hereby incorporated into this Agreement as though fully set forth herein.
1.2 Gameplay Prerequisites
In order to play the Game, you must first create an Account. Accounts are only available to adults or, in their discretion, their minor child. The Account registration procedure, including the Restricted Activation and parental registration procedure applicable to children under the age of thirteen (13), is fully described in the Terms of Service. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account except with respect to its associated Parental Controls). In addition, you alone are liable for all activities conducted through your Account, provided that parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.
1.3 Software and Gameplay
To play the Game, you must (a) have an active Account (available for free at www.freerealms.com) in good standing, (b) download the Software for the Game for free from www.freerealms.com or an authorized SOE promotional offer, (c) have at least the minimum system requirements to operate the Software and the Game, and (d) have an internet connection to access your Account. In addition to any applicable fees described in this Agreement, you are responsible for paying any and all applicable taxes (including those we are not required to collect) and for all hardware, software, internet service and other costs you incur to access the Software, the Game and/or your Account. Neither this Agreement nor your Account entitles you to any subsequent enhancements, updates or releases of the Software or the Game, nor to any Premium Content (as defined in Section 3.1 below), Virtual Goods (as defined in Section VII(F)(2) of the Terms of Service) or similar ancillary products, without paying applicable charges.
You understand that online games evolve over time and system requirements to play the Game may change over time; you may need to upgrade your system (or obtain a new system) to play the Game. You agree that SOE retains the unfettered right to modify any and all aspects of the Software, the Game, Premium Content and Virtual Goods which may, among other things, make any Premium Content or Virtual Goods substantially more or less effective or functional, make such aspect(s) more common or less common, or eliminate such aspect(s) from the Game entirely. YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SOE, ITS LICENSOR(S) OR LICENSEES, ANY SONY COMPANY, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (I) A CLAIM THAT YOU "OWN" ANY PREMIUM CONTENT OR VIRTUAL GOODS IN THE GAME, (II) A CLAIM FOR THE "VALUE" OF PREMIUM CONTENT OR VIRTUAL GOODS IF SOE DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT(S)) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT OR THE RULES, (III) A CLAIM FOR THE "VALUE" OF PREMIUM CONTENT OR VIRTUAL GOODS THAT YOU MAY LOSE IF SOE DOES ANYTHING THAT IT IS ENTITLED TO DO PURSUANT TO ANY PROVISION OF THIS AGREEMENT AND/OR THE RULES, OR FOR ANY MALFUNCTIONS AND/OR "BUGS" IN THE GAME, AND/OR (IV) A CLAIM FOR THE INCREASE OR DECREASE IN "VALUE" OF ANY VIRTUAL GOODS OR PREMIUM CONTENT BY VIRTUE OF ANY MODIFICATION THAT SOE HAS MADE OR WILL MAKE.
1.4 Tournament Eligibility and Winnings
(a) Eligibility (Inside the United States). In addition to the game-play pre-requisites set forth in Section 1.2 above, in order to participate in certain tournaments offered through the Game, you must be physically located in a U.S. state in which participation in such tournaments is unrestricted by law. Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by individual states. Based on these fifty (50) sets of laws, we cannot offer fee-based tournaments with prizes to residents of the States of Arizona, Connecticut, Iowa, Maryland, Nevada, Tennessee and Vermont. We may require any tournament participant to provide proof that he or she is eligible to participate according to this Section 1.4(a).
(b) Eligibility (Outside the United States). Non-U.S. citizens are not eligible to participate in tournaments offered through the Game which require entry fees and/or offer prizes, awards or other consideration.
(c) Tournament Winnings. In compliance with the United States Internal Revenue Service regulations, we send a Form 1099 to any person who wins in excess of Six Hundred Dollars (US$600.00) in any given calendar year. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
1.5 Third Party Conduct
You acknowledge that SOE is a services provider and that the Game permits interaction between users online regarding topics and content chosen by users of the Game. You will not expect SOE to control the quality, morality, legality, truthfulness or accuracy of User Content within the Game or related services (e.g. StationVoice, user typed chat, user board or website posts, and so forth). As further discussed in the Terms of Service, under no circumstances will SOE be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Game or related services.
1.6 Scheduled and Unscheduled Service Interruptions
The Game is an "online" game that must be played over the internet. SOE reserves the right to interrupt, modify (including adding or removing servers), suspend, cancel or terminate the Software or the Game with or without prior notice for any reason or no reason. You agree that SOE will not be liable for any interruption, delay or failure of the Software or the Game to perform, and you understand that you shall not be entitled to any refund of fees or compensation for interruption to your use of the Software or the Game or any failure of the Software or the Game to perform. SOE has the right at any time for any reason or no reason to change and/or terminate any aspect(s) of the Software or the Game as it sees fit in its sole discretion.
2. LICENSE TERMS AND INTELLECTUAL PROPERTY
2.1 Game License
Subject to your agreement to and continuing compliance with this Agreement and the Terms of Service, we hereby grant to you a nonexclusive, nontransferable, revocable, limited right and license to: (i) install the Software solely for your personal, non-commercial use, and (ii) use the Software solely in connection with playing the Game via an authorized Account. Except as and to the extent expressly permitted by us in writing, you may not (i) copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer (except to the extent permitted by SOE pursuant to an Authorized Exchange, as defined in Section 2.2 below) all or any portion of the Software, the Game, or any Rights (as defined in Section 2.2 below), or (ii) copy any of the written, digital or electronic materials accompanying the Software (except to make one necessary back-up copy) or the Game. You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or otherwise derive code from, the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.
2.2 Ownership
We, ourselves or through our direct or indirect affiliates, parents, subsidiaries, related companies and/or licensors, shall retain all rights, title and interest relating to or residing in the Software and the Game, all data in connection therewith, and all copies thereof, including without limitation, any titles, computer code, themes, objects, characters, names, stories, dialog, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, character likenesses, methods of operation, moral rights, and any related documentation and user manuals (collectively, "Rights"). Except for the revocable, limited licenses expressly granted under Section 2.1 above, you acknowledge and agree that you have not and will not acquire or obtain any rights, including any right of exploitation, of any kind in or to the Software or the Game, including any of the Rights listed above, and/or any compilation or copyrightable arrangement thereof, and that all such Rights are exclusively owned by us, except solely as permitted by SOE pursuant to Section VII(F) of the Terms of Service to exploit Virtual Goods through an SOE service or in connection with an SOE-authorized third-party Virtual Goods exchange such as the Live Gamer Exchange (an "Authorized Exchange").
2.3 Responsibilities of End User
You agree that you shall not, under any circumstances:(a) sell, grant a security interest in or transfer reproductions of the Software or Game to other parties in any way not expressly authorized herein, or rent, lease or license the Software or Game to others; (b) use any software to modify the Software to change the Game play; (c) create, facilitate, host, link to or provide any other means through which the Game may be played by others through interception, emulation or redirection of the communication protocols used by SOE, including without limitation through protocol emulation, tunneling, data mining, packet sniffing, modifying or adding components to the Game, use of a utility program or any other technique now known or hereafter developed, for any purpose including but not limited to unauthorized network play over the internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; (d) create, facilitate of maintain any unauthorized connection to the Game; (e) decrypt or modify any data transmitted between client and server; (f) use, post, host or distribute macros, "bots" or other programs which would allow unattended game play or which otherwise impact game play, including without limitation any program which enables or facilitates automated character skill or level increases; (g) take any action which imposes an unreasonable or disproportionately large load on our infrastructure; or (h) except in connection with an Authorized Exchange and subject to all of the provisions of the applicable terms and conditions of the applicable service agreement for such Authorized Exchange, you may not buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) the Game, an Account, any characters, items, coin or copyrighted material or any other Rights owned or controlled by us or our licensors, or otherwise exploit the Game or Software for any commercial purpose (including, without limitation, the provision of Premium Content (as defined in Section 3.1 below), as hereinafter defined, at a cyber cafe, computer gaming center or any other location-based gaming site), without first obtaining our express written permission.
2.4 Consent to Monitor
When running, the Game may monitor your computer's random access memory for unauthorized third party programs running concurrently with the Game which, in SOE's sole determination: (i) enable or facilitate cheating of any type; (ii) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by SOE; or (iii) intercept, "mine" or otherwise collect information from or through the Game (an "Unauthorized Third Party Program"). In the event that the Game detects an Unauthorized Third Party Program, (a) the Game may communicate information back to SOE, including without limitation your Account username, details about the Unauthorized Third Party Program detected and the activities or functions performed thereby, and/or (b) SOE may exercise any or all of its rights and remedies under this Agreement or the Terms of Service without prior notice to the user linked to such Unauthorized Third Party Program.
You acknowledge that any and all character data that is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and you expressly consent to such monitoring of communications you send and receive.
2.5 User Content
In connection with the Game and its related services, you can upload or transmit User Content (as defined in Section IV(A) of the Terms of Service) to our servers in various forms. Your User Content shall not: (a) infringe any third party intellectual property or other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, profane, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and you will at all times comply with the Game's Forum Rules and the Rules of Conduct set out in Section IV(B) of the Terms of Service. We may take any action with respect to your User Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs and other suppliers.
The Game may enable you to submit certain User Content via features or functionality available as part of the Game. You acknowledge and agree that if you submit any User Content in connection with the Game, such User Content will become and remain the property of SOE in accordance with our Terms of Service. To the extent that SOE's ownership of any or all User Content is void, unenforceable or unassignable in accordance with the Terms of Service, you hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable (through multiple tiers) and transferable (in whole or part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such User Content, in whole or in part, in all languages and in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
3. FEES AND BILLING PROCEDURES
3.1 Fees and Billing Policies
While you may register for and commence using many features of the Game free of charge, certain aspects of the Game, including but not limited to memberships, trading card packs, event passes, Station Cash and other Virtual Goods, are provided for a fee or other charge ("Premium Content"). We describe our fees, sales policies and billing procedures in the Terms of Service. In the event you elect to use such Premium Content, you agree to abide by the pricing, payment and billing policies applicable to such fees and charges contained in the Terms of Service, available at the point of purchase or otherwise posted at www.freerealms.com, including any applicable sub-site thereto. SOE may add new services for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion. All fees are stated in U.S. Dollars unless otherwise specified. All fees are prepaid and, unless otherwise expressly stated, non-refundable in whole or in part. You are fully liable for all charges incurred in connection with your Account, including any unauthorized charges. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those that we are not required to collect) and for all hardware, software, service fees and other costs you incur to access your Account and to use the Game.
In the event that you elect to obtain a membership to the Game and provide us with a payment method in order to pay for the recurring subscription for such membership, we have the right to automatically charge you the applicable membership fee plus any applicable taxes that we are required to collect and you authorize us to do so. Thereafter, each time your membership comes up for renewal, we have the right to charge you the then-current renewal rate plus any applicable taxes we are required to collect and you authorize us to do so. If we are unable to process such payment(s) with the payment method you provided to us, your membership may be terminated immediately. If we make a game card available and you use a game card to pay for your membership, the game card shall fund your membership for the period stated on the game card and, thereafter, you will either need to provide a valid payment method (in which case we will process payment as referenced above) or purchase another game card for subsequent membership periods or your membership will end.
If you choose to redeem a promotional code or Station Cash in exchange for Premium Content, you acknowledge and agree that the applicable promotional code and/or Station Cash, as applicable, will then be permanently consumed and the resulting Premium Content will continue to be subject to the license agreement and the policies applicable to the product resulting from such redemption or conversion.
3.2 Fees upon Account Termination
You may terminate your Account at any time in accordance with the termination provision in the Terms of Service. If you terminate your Account, your Account and access to the Software and the Game shall be terminated immediately. If you terminate your Game membership during any membership cycle, your membership will be terminated at the end of the then-current cycle and you will not be billed again unless you affirmatively renew your membership. We do not provide full or partial refunds for Premium Content that you have purchased.
4. TERMINATION
4.1 Termination by SOE
We may terminate this Agreement (including your Game license and your Account) and/or suspend your Account immediately and without notice if: (i) you violate any provision of this Agreement; (ii) you infringe any third party intellectual property rights; (iii) we are unable to verify or authenticate any information you provide to us; (iv) upon game play, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; and/or (v) upon any violation of any of the Rules. If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to your Account for the duration of the suspension and/or the balance of any prepaid period without any refund. Fees paid for any membership term are paid in advance and are not refundable in whole or in part. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game.
4.2 Termination by You
You may terminate this Agreement (including your Game license), the Game and/or your Account at any time (i) in accordance with the termination section of the Terms of Service; (ii) by permanently destroying all copies of the Game in your possession or control; and (iii) by removing the Game from your computer system.
5. SYSTEM INFORMATION AND MONITORING
You agree that we may communicate with you via telephone, e-mail and any similar technology for any purpose relating to the Game, Software and any services or software which may in the future be provided by us or on our behalf. You expressly permit SOE to upload CPU, operating system, video card, sound card, system specifications, user interfaces, diagnostic and memory information from your computer to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer on which you installed the Software for purposes of support and debugging. Solely for the purpose of patching or updating the Game and/or ensuring the integrity of the Game, you hereby grant us permission to (i) upload the Game-related file information and data from the Game directory and (ii) download the Game files to you.
As further detailed in our Privacy Policy and Section IV(A) of our Terms of Service, we cannot ensure that your private communications and other personally-identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government of third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.
You acknowledge and agree that we may transfer the Game and your Account information (including your personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game, to the extent permitted under SOE's Privacy Policy.
6. NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY
6.1 No Express or Implied Warranties
WE PROVIDE THE SOFTWARE, THE GAME, THE ACCOUNT AND ALL OTHER SERVICES "AS IS." WE, OUR LICENSORS AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account and/or the Game whenever you want, and there may be extended periods of time when you cannot access your Account and/or the Game. You assume the entire risk as to the results and performance of Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, YOUR ACCOUNT OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER.
6.2 Limitation of Liability
IN NO EVENT SHALL WE, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, THE GAME, YOUR ACCOUNT, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND - TO THE EXTENT PERMITTED BY APPLICABLE LAW - DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, OUR LICENSORS OR SUPPLIERS OF ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
7. GOVERNING LAW; RESOLUTION OF DISPUTES
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. In order to expedite and control the cost of disputes, you and SOE agree that any legal or equitable claim relating to this Agreement will be resolved in accordance with the terms of Section (IX)(F) of theTerms of Service.
Notwithstanding the foregoing, you acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy, and that SOE shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach, provided any such injunctive relief shall not be constructed as preventing SOE from pursuing any and all remedies available to it, including the recovery of monetary damages from you.
8. GENERAL
8.1 Amendments to this Agreement
We may amend this Agreement at any time in our sole discretion. Any such amendments will generally be communicated to you at the time that you attempt to log in to your Account and/or play the Game. Please note that your right to continue to access, use or play the Game will be contingent upon your acceptance of such amended Agreement.
8.2 Compliance with Applicable Law(s)
You shall comply with all applicable laws regarding your use of the Software, your access to your Account and your access to and use of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States and the jurisdiction in which you reside.
8.3 Notices; Contacting Us
SOE may give notice to you by means of a general notice on the Site, electronic mail to the e-mail address associated with your Account on record in SOE's account information, or by written communication sent by first class mail, postage prepaid or overnight courier to the address associated with your Account on record in SOE's account information. You may give notice to SOE by electronic mail to accounts@soe.sony.com, or by first class mail, postage prepaid or overnight courier to Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121, Attention: Accounts. If you need to contact SOE for any reason, you may send an e-mail or a letter to the foregoing e-mail or mailing address or you may contact us at the phone number listed below.
All services hereunder are offered by Sony Online Entertainment LLC, located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858) 790-5200. Membership and Premium Content fees for the Game may be obtained from a link at www.freerealms.com, and such rates are subject to change at any time. If you are a California resident, you may request that we e-mail this same information to you by sending a letter to the foregoing address and including your e-mail address.
Under California Civil Code Section 1789.3, California users of the Game received the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Parents are encouraged to spend time online with their minor children and to familiarize themselves with the types of content available through the Game, on the Site and on the internet in general. Parents should regularly oversee their child's use of e-mail and other online communications and transactional features. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at:
or other similar sites providing information on such protections. If your minor child has used your credit card on the Site without your permission, please contact us immediately at accounts@soe.sony.com.
The Software and its documentation are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, or any succeeding or similar regulations, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer is Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121. Attn: Accounts.
8.4 Miscellaneous
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. 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.
Source code to the LGPL components is available through: http://transgaming.org/cvs/
Other Cider components available from http://transgaming.org/cvs/ are licensed separately under terms described in the LICENSE files that accompany them.
TransGaming Inc. Cider Technology License
Note that this license covers only some portions of the software, and does *NOT* apply to any other components you may have obtained at the same time. Please see above for more details.
LICENSE AGREEMENT AND DISCLAIMER OF WARRANTY FOR TRANSGAMING COMPONENTS PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND TRANSGAMING INC, (THE "COMPANY"). THE COMPANY IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. Ownership And License. This is a license agreement and NOT an agreement for sale. The Cider software (the "Software") is the property of the Company and/or its Licensors. The Company and/or its Licensors retain title to the Software and related documentation. Your rights to use the Software are specified in this Agreement, and the Company and/or its Licensors retain all rights not expressly granted to you in this Agreement.
2. Permitted Uses. You are granted the following right to the Software : (a) Right to Install and Use. You may install and use the Software on a single computer. If you wish to use the Software on more than one computer, please contact the Company for information concerning an upgraded license allowing use of the Software with additional computers.
4. Consent to Collection and Use of Data You agree that TransGaming and its affiliates may collect, use, store and transmit technical and related information that identifies your computer, operating system, peripheral hardware, and game play and software usage statistics, without further notice to you. TransGaming and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services, and we may share anonymous aggregate data with our third party service providers. Data that personally identifies you is collected, used, stored and transmitted in accordance with TransGamings Privacy Policy located at www.transgaming.com/privacy.
5. Termination. This license is effective upon the first use, installation, loading or copying of the Software. You may terminate this Agreement at any time by destruction and disposal of the Software and all related documentation. This license will terminate automatically without notice from the Company if you fail to comply with any provisions of this license. Upon termination, you shall destroy all copies of the Software and any accompanying documentation. All provisions of this Agreement as to warranties, limitation of liability, remedies or damages shall survive termination.
6. Copyright Notice. The Company and/or our Licensors hold valid copyright in the Software. Nothing in this Agreement constitutes a waiver of any right under Canadian Copyright law or any other federal or provincial law. This program is protected by Canadian federal and international copyright laws.
7. Miscellaneous. This Agreement shall be governed by the laws of Canada and Province of Ontario. If any provision, or any portion, of this Agreement is found to be unlawful, void, or for any reason unenforceable, it shall be severed from, and shall in no way affect the validity or enforceability of the remaining provisions of the Agreement.
8. Disclaimer of Warranty. The Company does not warrant that the Software or its operations or functions will meet your requirements, nor that the use thereof will be without interruption or error.
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