EQNL User Agreement Jan 30, 2014

END USER LICENSE AGREEMENT and CONFIDENTIALITY AGREEMENT
==EverQuest Next Landmark==
Last updated on January 30, 2014
This EverQuest Next Landmark End User License Agreement (the "Agreement"), along with our Terms of Service and Privacy Policy located at www.soe.com and www.eqnlandmark.com (collectively, the "Sites" and each, a "Site"), describe the terms by which Sony Online Entertainment LLC ("SOE") offers you: (i) the right to download and install and/or use the EverQuest Next Landmark software, content, related documentation, and any mobile application(s), including any updates to each of these, offered by SOE (the "Software"), (ii) the right to use the Software in conjunction with your registered Station Account or an account provided by a partner game site (e.g., ProSiebenSat.1 Games in Europe) ("Account") to access and play the online game entitled EverQuest Next Landmark, including any and all features, assets or services associated therewith (collectively, the "Game"); and (iii) the right to make purchases using Station Cash in the Game using your Account.
By clicking the “I Accept” button or by purchasing any Game content, you agree to be legally bound by the terms of this Agreement, the Terms of Service, and the Privacy Policy, and 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. By clicking the “I Decline” button, you do not accept this Agreement, and are not permitted to download or use the Software or access the Game. If you disable or otherwise bypass the “I Accept” button, and copy, download, install, or access the Software, or otherwise play the Game, you will have been deemed to have accepted the terms of this Agreement. If you have purchased 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 .
SOE reserves the right to modify this Agreement in whole or in part, from time to time at its sole and absolute discretion, and to provide you with notice of such modifications by any reasonable means, including, without limitation, by making available the revised version thereof through the SOE Sites and/or in conjunction with the downloading of the Game client. You can determine when the Agreement was last revised by referring to the “Last Updated” legend at the top of the Agreement. Your continued use of the Game following our making available any revised version of the Agreement will mean that you accept the revised version. If you do not agree to any changes made to the Agreement, you may not access or use the Software, and you may not play the Game.
==1. SERVICES AND CONTENT OF EVERQUEST NEXT LANDMARK==
===1.1 SOE Agreements and Policies===
The Game is a multiplayer online game developed and published by SOE. Your use of the Software, the Game and your access to and use of the Sites is subject at all times to this Agreement, as well as the Terms of Service, Privacy Policy, and any other applicable rules or restrictions set forth in the Game and on the Sites (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 and 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 Eligibility and Gameplay Prerequisites===
In order to play the Game and purchase items in the marketplace using Station Cash, you must first create an Account. Accounts are only available to adults or, in their discretion, their minor child. If you are a minor, your parent or guardian must register for and obtain an Account on your behalf. The Account registration procedure 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 (1) child to use the Account instead of you (in which case you may not use that Account). In addition, you alone are liable for all activities conducted through your Account; provided, however, that parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure an Account.
===1.3 Software and Gameplay===
To play the Game, you must: (a) have an active Account (available for free at the Sites) in good standing, (b) download and/or access and use the Software for the Game from a Site or third party service, (c) have at least the minimum system requirements to operate the Software and/or the Game, and (d) have an Internet connection to download and play the Game and 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 automatically entitles you to any subsequent enhancements, updates or releases of the Software or the Game, nor to any Paid Content, Virtual Goods, or similar ancillary products, without paying applicable charges. SOE may, at any time and in its sole discretion, discontinue your access to the Game through your Station Account and require you to create an account with a partner game site (e.g., ProSiebenSat.1 Games in Europe) in order to play the Game.
You acknowledge 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 its games, and that SOE has been making, is making, and will continue to make changes to its games. You further acknowledge that SOE can and will, in its discretion, modify features, functions or abilities of any element of the Game, which may, among other things, make any Paid Content (defined below) or any aspect of its Game, such as items, powers, abilities, gifts, experience, experience points, coins and Station Cash (collectively, "Virtual Goods") substantially more or less effective or functional, or less effective or functional, or more common or less common. SOE may add, modify, remove, replace, eliminate and reintroduce such aspects from the Game at any time and at its sole discretion. YOU PROMISE, THEREFORE, THAT YOU WILL NEVER ASSERT OR BRING ANY CLAIM OR SUIT AGAINST SOE OR ITS LICENSORS OR LICENSEES, ANY SONY COMPANY, OR ANY EMPLOYEES OF ANY OF THE ABOVE, WHICH IS RELATED TO OR BASED ON (A) A CLAIM THAT YOU "OWN" ANY PAID CONTENT OR VIRTUAL GOODS IN THE GAME, (B) A CLAIM FOR THE "VALUE" OF PAID CONTENT OR VIRTUAL GOODS IF SOE DELETES THEM (AND/OR TERMINATES YOUR ACCOUNT) IF YOU OR ANYONE ACTING IN CONCERT WITH YOU VIOLATES ANY PROVISION OF THIS AGREEMENT OR THE RULES, (C) A CLAIM FOR THE "VALUE" OF PAID 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 (D) A CLAIM THT THE "VALUE" OF ANY VIRTUAL GOODS HAS INCREASED OR DECREASED BY VIRTUE OF ANY MODIFICATION THAT SOE HAS MADE OR WILL MAKE.
===1.4 Third Party Conduct===
You acknowledge that SOE is a service provider, and that the Game permits interaction between users online regarding topics and content chosen by users of the Game through chat functionality or otherwise. Accordingly, you will not expect SOE to control the quality, morality, legality, truthfulness or accuracy of User Content (as defined in Section IV(A) of the Terms of Service) within the Game or related services (e.g. voice chat, user typed chat, user board, forums 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.
===1.5 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 neither SOE nor its licensors will be liable for any interruption, delay or failure of the Software and/or the Game to perform, and you understand that you shall not be entitled to any refund of fees for Paid Content or compensation for interruption to your use of the Software and/or the Game or any failure of the Software and/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 of the Software and/or the Game as it sees fit in its sole discretion.
==2. LICENSE TERMS AND INTELLECTUAL PROPERTY==
===2.1 Game License===
The Software and the Game are not sold to you, but licensed according to the terms of this Agreement.
Subject to the terms of this Agreement and your continued compliance with the Terms of Service, we hereby grant to you a non-exclusive, non-transferable, revocable, limited right and license to: (a) install the Software solely for your personal, non-commercial use; (b) use the Software solely in connection with playing the Game via an authorized Account; (c) use and display the Software (including source and object code) solely in connection with playing the Game for your personal non-commercial use by any machine(s) of which you are the primary user, and (d) access and utilize the Game's library of digital objects (e.g., virtual in-game items such as, weapons, ammunition, and other Virtual Goods while you play the Game. You will obtain a limited license for the right to use such Virtual Goods, and you will not acquire any ownership interest in the Virtual Goods. The Software may contain license management software that restricts your use of the Software.
===2.2 Ownership and User Generated In-Game Content===
SOE shall own and retain all rights, title and interest relating to or residing in the Software, the Game and the Virtual Goods, 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 above, you acknowledge and agree that you have not and will not acquire or obtain any intellectual property rights or other rights, including any right of exploitation, of any kind in or to the Software, the Game or the Virtual Goods, including any of the Rights listed above, and/or any compilation or copyrightable arrangement thereof, and that all such Rights are exclusively owned by SOE.
In EverQuest Next Landmark , SOE provides in-game tools that allow you to design, create, build, modify, and share in-game virtual objects with other players (“User Generated In-Game Content” or “UGIC”). You own the copyright in your UGIC, but you hereby grant to SOE the unlimited, worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, fully paid-up right and license to use, reproduce, display, distribute, sell, perform, modify, and make derivative works of any and all UGIC, in any form or manner of media whether presently known or hereafter devised, including without limitation in all existing and future SOE games and related marketing and promotional material. SOE may assign or sublicense any of the foregoing rights to third parties in its sole discretion. All game users with whom you share such UGIC shall have the same rights to use your UGIC as they do other Virtual Goods in the Game, subject to the terms and conditions set forth in this Agreement and in the Terms of Service.
SOE may allow you to submit your UGIC to its Player Studio program, which provides users with the opportunity to have their virtual objects added to the in-game marketplace and share in the revenue generated by sales of such items. To submit your UGIC for consideration, you must first read and agree to the Player Studio Item Submission Agreement, which is available at https://player-studio.soe.com/terms. The terms of Player Studio Item Submission Agreement supplement the terms of this Agreement and are incorporated herein by reference.
Your UGIC 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) violate these Terms of Service. Except with the express written consent of SOE, your UGIC shall not: (i) be inappropriate for the style or genre of the environment (e.g., a science fiction item in a fantasy setting), or (ii) depict any image, mark or brand of a commercial nature. Unless prohibited by law, you waive all moral rights that you may have in the UGIC. To the extent your moral rights cannot be waived, you irrevocably agree to never bring any claim or suit against SOE, its licensors, affiliates, employees, or customers related to any moral rights you may claim to have in such UGIC.
SOE reserves the right in its sole and absolute discretion to block or remove any UGIC from the Game, for any reason or for no reason.
===2.3 Limitations on License; Responsibilities of End User===
The license granted to you in section 2.1 is limited. Any use of the Software, Game or any part thereof in violation of this Agreement is beyond the scope of the license granted to you and, therefore, infringes SOE’s copyrights in and to the Software and/or the Game. You shall not, without express advance written permission from SOE: (a) 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 all or any portion of the Software, the Game, or Virtual Goods on or through any medium; (b) 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, or 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, or maintain any unauthorized connection to the Game; (e) mine, 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 mining, character kills, or level increases; (g) take any action which imposes an unreasonable or disproportionately large load on our infrastructure; (h) except in connection an auction in-Game that is run by SOE, or in connection with a service that is run by SOE or authorized in writing by SOE (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, buy, sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) the Game, an Account, any characters, Paid Content, Virtual Goods, copyrighted material or any other Rights owned or controlled by SOE or our licensors; or (i) otherwise exploit the Game or Software for any commercial purpose (including, without limitation, the provision of Paid Content (as defined in Section 3.1 below) at a cyber cafe, computer gaming center or any other location-based gaming site).
===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: (a) enable or facilitate cheating of any type; (b) allow users to modify or hack the Game interface, environment, and/or experience in any way not expressly authorized by SOE; or (c) 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: (i) 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 (ii) 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 expressly permit all of the above. You further expressly permit SOE to upload CPU, operating system, video card, sound card 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 you load the Software onto for purposes of support and debugging. You acknowledge that any and all character data and other 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 may be able to upload or transmit User Content (as defined in Section IV(A) of the Terms of Service) to our servers in various forms. In such a case, the 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 our licensors, licensees or suppliers) or may cause us to lose (in whole or in part) the services of our ISPs, licensors or suppliers.
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 SOE, its licensors, 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 you may, in some cases, be able to use some features of the Game free of charge, certain aspects of the Game, including but not limited to membership levels, Station Cash and other Virtual Goods are provided for a fee or other charge ("Paid Content"). We describe our fees, sales policies and billing procedures in the Terms of Service. In the event you elect to use such Paid 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 on the Sites, including any applicable sub-site thereto. SOE may add new Paid Content and/or services for additional fees and charges, or amend fees and charges for existing services and/or Paid Content, 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. All payments for Paid Content and Virtual Goods are non-refundable. Paid Content and Virtual Goods shall not be tradable or transferable unless otherwise allowed by SOE. Neither this Agreement nor your Account entitles you to any Paid Content, Virtual Goods or similar ancillary products, without paying applicable charges.
If you choose to redeem a promotional code or Station Cash in exchange for Paid Content, you acknowledge and agree that the applicable promotional code and/or Station Cash, as applicable, will then be permanently consumed and the resulting Paid Content will continue to be subject to the license agreement and the policies applicable to the product resulting from such redemption or conversion.
==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: (a) you violate any provision of this Agreement, (b) you infringe any third party intellectual property rights, (c) we are unable to verify or authenticate any information you provide to us, (d) upon game play, chat or any player activity (including activity on Game forum postings) whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game, and/or (e) 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 without any refund for any Paid Content that you may have purchased. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game. In such a case, all licenses set forth herein will immediately terminate without reimbursement or refund to you.
===4.2 Termination by You===
You may terminate this Agreement (including your Game license), the Game and/or your Account at any time: (a) in accordance with the termination section of the Terms of Service, (b) by permanently deleting and/or destroying all copies of the Game in your possession or control, and (c) by removing the Game from your computer system. We do not provide full or partial refunds for Paid Content that you have purchased.
===4.3 Survival===
Sections 2.2, 2.3, 2.5, 6, 7, 8, and 9 shall survive any termination of this Agreement. For the sake of clarity, SOE has the right to use your User Generated In-Game Content pursuant to Section 2.2 even after this Agreement has been terminated.
==5. SYSTEM INFORMATION AND COMMUNICATION==
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. 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 or 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 may choose to visit www.soe.com, other SOE web sites, if such web sites offer services such as a Game-themed page or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of SOE while on such web sites and in connection with use of your Account and the Game, which terms and conditions, policies and customs are incorporated herein by this reference. Since we do not control other web sites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. You acknowledge and agree that we may transfer the Game and your Account information (including your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensors, licensees, agents, and companies that are subject to confidentiality requirements, such as successors-in-interest, billing services, credit card companies, and payment processors, 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." SOE, 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. WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OR MAINTENANCE OF THE SOFTWARE, THE GAME, YOUR ACCOUNT, OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY, AND SOE MAY CHANGE, MODIFY, SUSPEND OR REMOVE ANY SUCH SERVER, FEATURE, SERVICE, CONTENT, OR GAME-PLAY IN ITS SOLE DISCRETION. This warranty gives you specific legal rights, and you may also have other legal rights that vary depending on your place of residence. 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.
===6.2 Limitation of Liability===
IN NO EVENT SHALL SOE, ITS PARENTS, AFFILIATES, LICENSORS, LICENSEES, OR 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, REVENUES, 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 SOE OR OUR LICENSORS, LICENSEES AND SUPPLIERS AND EACH OF OUR AND THEIR RESPECTIVE PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, OUR LICENSORS, LICENSEES, AND SUPPLIERS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE AND OUR LICENSORS, LICENSEES AND SUPPLIERS AND OUR OR THEIR RESPECTIVE PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR OUR LICENSORS, LICENSEES OR SUPPLIERS FROM SEEKING ANY INJUNCTIVE RELIEF. 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 the Terms 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===
SOE 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; however, you agree that you will periodically check the Game website for updates, and you agree that you will have been given notice of such modifications once the modifications are posted, and that your continued use of the Game after such notice shall be deemed acceptance of any modifications. 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 Laws===
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 a 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 (the terms "we," "us" and "our," as used in this Agreement, shall refer to Sony Online Entertainment LLC). Our phone number is (858) 537-0898. Fees for all content (including Paid Content) and features of the Game are available for review at the Sites and 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.
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:
http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm, http://kids.getnetwise.org/tools/ or other similar sites providing information on such protections. If your minor child has used your credit card on a Site or in connection with the Game 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.
==9. PRE-RELEASE CONFIDENTIALITY and PRE-RELEASE PROGRAM ELIGIBILITY==
SOE has established an alpha/beta test program for the Game to, among other things, allow a limited number of people to test the features, capabilities, and performance of one or more pre-release version(s) of the Game (“Pre-Release Software”) and provide feedback and comments to SOE about the Game Pre-Release Software (“Pre-Release Program”)
===9.1 You represent and warrant that:===
(i) you are not an owner or employee of a developer or publisher of video games (other than SOE); and (ii) you are entering into this Agreement on a completely voluntary basis with no expectation of consideration, remuneration, credit, payment, or any other form of compensation whatsoever, and you agree that your participation in the Pre-Release Program does not create an employer-employee relationship between you and SOE, is completely voluntary, and you may stop participating in the Pre-Release Program at any time and for any reason.
===9.2 Participation In Pre-Release Program:===
While participating in the Pre-Release Program, you agree to: (i) test, evaluate and analyze the Pre-Release Software and its operation, features, capabilities and performance; (ii) provide feedback to SOE, including, but not limited to, suggested changes, improvements, additions to the Pre-Release Software, analyses of the Pre-Release Software, reports of bugs and other defects, and test results by email, on forums, or otherwise (collectively, “Feedback”). All of the Feedback that you submit shall be the sole and exclusive property of SOE, and by submitting any Feedback, you thereby assign all of your rights, title and interest in and to the Feedback to SOE, and you agree that: (a) SOE shall have the perpetual right to reproduce and modify and/or all or part of your Feedback in any manner or media now known or hereafter devised without any compensation to you; and (b) you have the right to assign the Feedback to SOE because it is original to you and does not infringe on any third party intellectual property rights. SOE does not provide any support for the Pre-Release Program or Pre-Release Software, but may provide an e-mail address and/or a forum for you to send questions and/or comments about the Pre-Release Software. SOE does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to your e-mails or forum postings.
===9.3 Confidentiality Defined:===
“Confidential Information” means any and all information relating to or contained in the Pre-Release Software and Pre-Release Program including, without limitation, information relating to: (i) the performance, capabilities, bugs and content of the Pre-Release Software; (ii) the Feedback (whether provided by you, someone else, or an SOE employee); (iii) the terms of this Agreement; (iv) any discussions held the Pre-Release Program forums; (v) any screenshots, videos, audio or other representations of the Pre-Release Software by you, someone else or SOE; (vi) any discussions or details about features or functionality contained in the Pre-Release Software, the Pre-Release Software servers, or the overall Game development; and (vii) any and all information relating to the future or proposed games, services or business operations of SOE that you learn while participating in the Pre-Release Program, and includes, without limitation, all such information disclosed to you about the Pre-Release Program prior to your acceptance of this Agreement.
===9.4 Confidentiality Obligations:===
You acknowledge and agree that the Confidential Information constitutes valuable trade secrets of SOE, and that you shall keep the Confidential Information in confidence and shall not publish, disclose, or otherwise make available, directly or indirectly, any Confidential Information to any third party except as allowed by SOE under the Pre-Release Program. However, you may disclose the Confidential Information in accordance with a judicial or governmental order; provided, however, that you give SOE prompt written notice prior to disclosure so that SOE may obtain a protective order, and you comply with any applicable protective order or equivalent, and you only disclose the portion of the Confidential Information that is allowed by SOE or required by the judicial or governmental order, or other applicable authority. THESE CONFIDENTIALITY OBLIGATIONS SHALL CONTINUE UNTIL THE EARLIER OF: (I) SOE’S RELEASE OF THE COMMERCIAL VERSION OF THE GAME TO THE PUBLIC; OR (II) SOE’S PUBLIC ANNOUNCEMENT THAT THE CONFIDENTIALITY OBLIGATIONS HAVE BEEN LIFTED.
===9.5 Permitted Disclosure:=== You may disclose that the Pre-Release Program exists and that you are participating in the Pre-Release Program, as these facts are not considered Confidential Information, provided that in doing so, you do not make any statement about SOE, the Pre-Release Software, the Pre-Release Program, or other SOE products or services, if such statement is based on or would disclose any Confidential Information.
===9.6 Pre-Release Software Environment:===
You acknowledge that the Pre-Release Program is provided as a test environment, and as such, characters and/or data, items, points, rewards, progress, experience, accomplishments, currency (including Station Cash) or anything similar that you earn, acquire, use, or spend during the Pre-Release Program have no monetary value, are non-refundable, and are non-tradable, and will be, without warning to you, frequently modified, added, or removed, or completely “wiped” by SOE at its sole discretion, from your Pre-Release Program account or from the Pre-Release Program altogether, and will not be available to you once the Game is commercially released.
===9.7 Term Of Pre-Release Program:===
The Pre-Release Program will automatically terminate upon the earlier of: (i) SOE's written, electronic or emailed notice to you; (ii) SOE’s decision to end the Pre-Release Program, in which case no notice will be provided to you; or (iii) the commercial release of the Game.
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