PlayOnline Viewer and Tetra Master Software License Agreement

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==PlayOnline Viewer and Tetra Master Software License AgreementLast modified Apr. 15, 2008. See the official page for the most up to date version of this Square Enix policy.==
Last modified Apr. 15, 2008
	
	
THIS VERSION OF THIS AGREEMENT IS EFFECTIVE AND BINDING ON ALL USERS OF THE LICENSED SOFTWARE AS OF THE DATE OF PURCHASE. THE TERMS IN THIS AGREEMENT SUPERCEDE ANY CONFLICTING TERMS CONTAINED ON THE SOFTWARE OR ANY PREVIOUS VERSION OF THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT IS POSTED AT WWW.PLAYONLINE.COM.
By selecting "Accept," I declare that I have read this Agreement, I understand the terms of this Agreement, and I agree to be bound by this Agreement.
Background on this Agreement
This PlayOnline Viewer and Tetra Master Software License Agreement is between Square Enix, Inc. ("SEI" or "us" or "we"), and you ("you"), a registered user of the PlayOnline entertainment service and a licensee of the PlayOnline Viewer software, the Tetra Master software and all accompanying documentation.
IMPORTANT - This Software License Agreement is a binding, legal agreement between SEI and you and governs your use of the PlayOnline Viewer and Tetra Master software. If at any time you do not agree to be bound by these terms and conditions, you must immediately end your use of the PlayOnline Viewer and Tetra Master software. Please contact your place of purchase for return, refund, or exchange subject to the return and exchange policy of the retailer. If:
(a) your place of purchase is unwilling to accept returns or exchanges of opened software AND
(b) you have not accepted this Agreement during the installation process AND
(c) you have not activated a PlayOnline account through use of the Registration Code contained within the Licensed Software packaging AND
(d) it has been less than 30 days since you purchased the software,
THEN you may contact PlayOnline Customer Service at (858) 790-PLAY (7529) and request a full refund of your purchase price for the Licensed Software, not including shipping and handling charges. Please note that any refund is discretionary and will be contingent upon SEI's receipt of the complete Licensed Software package and confirmation that the Registration Code contained inside has not been used.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree as follows:
	
	
Article 1: Definitions
1.1 	"Agreement"
	means this PlayOnline Viewer and Tetra Master Software License Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are between the ages of 13 and 17) prior to any use of the Licensed Software.
1.2 	"Documentation"
	means those user manuals, specifications documents and other instructional materials related to the Licensed Software (whether written or electronic) that are provided by SEI or otherwise made available to Users.
1.3 	"Game"
	means the Tetra Master online game program embodied in the Licensed Software provided to you hereunder, together with any additional features or functionality of such online game that may be available to you through the PlayOnline Service.
1.4 	"Hardware"
	means the computer or the video game equipment on which the PlayOnline Viewer and Tetra Master software are installed and used.
1.5 	"Licensed Software"
	means, collectively, the PlayOnline Viewer and Tetra Master software, as embodied on any one or more discs, or other media provided to you, or as incorporated into any one or more electronic files provided to you, together with any updates, additions or modifications thereto that SEI may elect (in its sole discretion) to provide or make available to you from time to time.
1.6 	"Member Agreement"
	means the PlayOnline Member Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are between the ages of 13 and 17) prior to any use of PlayOnline.
1.7 	"PlayOnline" or "PlayOnline Service"
	means the PlayOnline online entertainment service offered by SEI, which includes the various services incorporated therein or offered in connection therewith (including, but not limited to, online games).
1.8 	"PlayOnline Viewer"
	means the PlayOnline Viewer computer program embodied in the Licensed Software provided to you hereunder, together with any additional features or functionality of such computer program that may be available to you by SEI.
1.9 	"Privacy Policy"
	means SEI's current PlayOnline Service Privacy Policy, which may be accessed on the Website and within the PlayOnline Service at any time.
1.10 	"Subscription Fee"
	means the fee that applies to your use of the Licensed Software. The Subscription Fee will be charged each month to your credit card, or to you by any other payment method approved by SEI, which you provided in connection with your PlayOnline registration, as described in the Member Agreement.
1.11 	"User Agreement"
	means any user agreement that must be accepted by you (or by your parent or legal guardian on your behalf if you are between the ages of 13 and 17) prior to use of the PlayOnline Service.
1.12 	"Users"
	means users of the PlayOnline Service; subject to the requirement that any User between the ages of 13 and 17 must have the express authorization of a parent or legal guardian, which authorization shall be evidenced by execution of the Member Agreement by such parent or legal guardian. Children under the age of 13 are not permitted to use any PlayOnline Service.
1.13 	"Website"
	"Website" means the SEI website for the PlayOnline Service located at http://www.playonline.com.
Article 2: Grant of License
2.1 	License Grant.
	
(a) 	SEI hereby grants you the limited, personal, nonexclusive, non-transferable, revocable license during the term of this Agreement to install and use the Licensed Software only on and in connection with a single piece of Hardware. This license does not include any grant of property rights to you.
(b) 	You acknowledge that your access to and use of the PlayOnline Service, the PlayOnline Viewer, and the Game may be contingent upon your timely and complete payment of the Subscription Fee in accordance with the "User Responsibilities" section of the Member Agreement. Please read the section carefully and completely.
2.2 	Term and Termination.
	This Agreement will commence when you indicate your acceptance of its terms and conditions and proceed to install the Licensed Software. Your rights under Section 2.1 will immediately and automatically terminate upon your breach of any provision of this Agreement or the Member Agreement.
2.3 	Ownership.
	SEI (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to the PlayOnline Service, the Licensed Software and all Documentation, and will be the sole owner of any and all data you generate through your use of the PlayOnline Service or the Licensed Software, including accounts, Content IDs, character attributes, statistics and assets. You receive only those limited rights to access and use the Licensed Software and all Documentation set forth herein.
YOU DO NOT OWN YOUR ACCOUNT OR CHARACTER OR HAVE ANY PROPERTY RIGHTS TO YOUR CHARACTER OR ITS VIRTUAL ASSETS. YOU MAY NOT SELL, RENT, OR REPRODUCE YOUR CHARACTER OR ITS VIRTUAL ASSETS FOR ANY COMMERCIAL PURPOSE.
PLAYONLINE, THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY UNITED STATES AND FOREIGN COPYRIGHT AND TRADEMARK LAWS, AND INTERNATIONAL TREATIES, AND ARE THE SUBJECT OF TRADE SECRETS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. PLAYONLINE and TETRA MASTER are trademarks used by SEI under license and may not be reproduced, altered, or used in any way without the prior, written consent of SEI.
2.4 	Restrictions.
	To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, "hack," or disassemble the Licensed Software; (b) rent, lease, sublicense, distribute, or transmit the Licensed Software to any third party; (c) rent, lease, sell, distribute, transmit or otherwise transfer your User or other account-related information (including, but not limited to, your PlayOnline ID or password information) to any third party, or attempt to obtain the PlayOnline ID or password of any other User; (d) make any copy of or otherwise reproduce the Licensed Software; (e) infringe any copyright, trademark rights, or any other intellectual property rights of SEI or its licensors; or, (f) use the Licensed Software to provide service bureau or time-sharing services (e.g., cybercafés), or for any other commercial purpose. The Licensed Software is for your personal use only and may not be copied, leased, or made available for use by others.
You acknowledge and agree that any authorized or unauthorized derivative works of the Licensed Software, or the Documentation, including any and all data that you generate through your use of the PlayOnline Service or the Licensed Software, including the accounts, characters and virtual assets utilized by you while using the Licensed Software, are the sole and exclusive property of SEI. You hereby irrevocably assign to SEI all right, title, and interest in and to any and all such authorized or unauthorized derivative works created by you or on your behalf. SEI reserves its right, in its sole discretion, to request that any such derivative works possessed or otherwise controlled by you be delivered to SEI or be destroyed.
Article 3: User Responsibilities
3.1 	Valid Payment Method.
	You acknowledge that, in order to have continuous access to and use of the PlayOnline Viewer and the PlayOnline Service, which allow you to access various free features and services and to launch fee-based online games and services, you are required to provide and maintain a valid payment method with SEI and current and accurate contact information. You are responsible for maintaining such a valid payment method during the term of this Agreement.
3.2 	Service Access.
	You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers or video game consoles) and communications services (including, without limitation, Internet access) necessary to access the PlayOnline Service and use the Licensed Software, and for ensuring such equipment and services are compatible with all requirements of the PlayOnline Service.
3.3 	Personal Information Management.
	You understand that your use of the Licensed Software in connection with the PlayOnline Service will require that you disclose to SEI certain personally identifiable information, and that such information is subject to our Privacy Policy, which contains important information on how we collect and use information from you. You understand that it is your sole responsibility to review the Privacy Policy from time to time for any changes or revisions thereto.
3.4 	Indemnification.
	You will indemnify, defend, and hold SEI harmless against any and all claims, suits, actions, expenses, attorney fees and other legal fees and costs arising from your use of the Licensed Software (whether alone or in connection with the PlayOnline Service) and relating to (a) your breach of any provision of this Agreement, or the inaccuracy of any of your representations made in this Agreement or made in connection with your registration of any SEI product or service; (b) your violation or infringement of any proprietary or privacy rights of SEI, its affiliates, or any third party; or (c) any third-party claims arising out of or relating to your use of the Licensed Software (whether alone or in connection with the PlayOnline Service).
Article 4: Disclaimer and Limitation of Liability
4.1 	Disclaimer.
	You understand and acknowledge that your use of the Licensed Software (whether alone or in connection with the PlayOnline Service) may result in unpredictable damage or loss to you, including, without limitation, unexpected results or loss of data, including character and account loss. All products and services relating to this Agreement, including, without limitation, the Licensed Software and the Documentation, are provided "AS IS" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SEI does not warrant that the Licensed Software will meet your expectations or requirements, or that the operation of the Licensed Software will be uninterrupted or error free. The entire risk as to the quality and performance of the Licensed Software is with you.
4.2 	Limitation of Liability.
	
(a) 	You are not entitled to receive damages from SEI for any claim arising out of or relating to this Agreement, to your use of the Licensed Software (whether alone or in connection with the PlayOnline Service), or to any materials or services provided by any third party in connection with your use of the Licensed Software. In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SEI or with the distribution, operation, development, or performance of the Licensed Software or any related products.
(b) 	IN NO EVENT SHALL SEI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SEI's TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO SEI AS YOUR SUBSCRIPTION FEE FOR USE OF THE PLAYONLINE SERVICE AND/OR ANY RELATED PRODUCTS OR SERVICES.
(c) 	AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Article 5: General Terms
5.1 	Governing Law and Jurisdiction.
	This Agreement shall be governed by California law, without reference to its rules regarding conflicts of law. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of the State of California and of the United States of America located in the County of Los Angeles for any action, suit or proceeding arising out of or relating to this Agreement.
5.2 	Copyright Infringement Notification.
	Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), SEI will terminate the account of any User who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to SEI and later confirmation through court order or an admission by the User that his or her account has been an instrument of unlawful infringement, SEI will terminate the infringing User's account. SEI may also in its sole discretion decide to terminate a User's account privileges prior to that time if SEI has good faith belief that infringement has in fact occurred. Repeat offenders of this policy may be barred from use of PlayOnline. In addition, pursuant to 17 U.S.C. § 512(c), SEI has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. SEI is dedicated to respecting and upholding the intellectual property rights of others, and we ask our Users to do the same. If you believe that your copyright has been infringed through the use of a PlayOnline account, please contact PlayOnline Information Center.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c): Address: Square Enix, Inc., 999 N. Sepulveda Blvd., 3RD Floor, El Segundo, CA 90245. Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel. Address of Designated Agent to which Notification Should be Sent: Square Enix, Inc., 999 N. Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245. Telephone Number of Designated Agent: (310) 846-0400. Facsimile Number of Designated Agent: (310) 321-6095. Email Address of Designated Agent: DMCA@square-enix-usa.com. This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of SEI content.
5.3 	Severability.
	If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
5.4 	No Waiver.
	No waiver by SEI of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. No SEI customer service representative is legally empowered to bind SEI to any amendment or waiver of the terms of this Agreement.
5.5 	Entire Agreement.
	This Agreement, together with the Member Agreement, User Agreements, the Privacy Policy, and any other terms of use relevant to your use of the Licensed Software, constitutes the entire understanding and agreement between the parties with respect to your use of the Licensed Software and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This Agreement shall form a part of your Member Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this Agreement and the Member Agreement, the terms of the Member Agreement shall prevail; provided, however, that for all matters that are not covered in this Agreement, the terms of the Member Agreement, User Agreements, or the Privacy Policy (as applicable) shall continue to apply. You acknowledge and agree that you have read this Agreement and understand and accept its terms.
5.6 	U.S. GOVERNMENT RESTRICTED RIGHTS.
	This software is provided with RESTRICTED RIGHTS. If this software is licensed by or for any unit or agency of the United States Government, then this software will be classified as "commercial computer software," as that term is defined in the applicable provisions of the Federal Acquisition Regulations and supplements (the "FAR"), including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). This software was developed exclusively at private expense, and no part of this software was first produced in the performance of a United States Government contract. If this software is supplied for use by the DoD, this software is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c), as applicable. If this software is supplied for use by a Federal agency other than DoD, this software is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212; (ii) FAR 52.227-19; or (iii) FAR 52.227-14, as applicable.
5.7 	Consent to Disclosure.
	In order to protect SEI's staff and customers, SEI may cooperate with Federal, State and Local Law Enforcement with or without the receipt of a formal subpoena or search warrant. You acknowledge and consent that SEI may provide your electronic communications and data, including emails and chat logs, to such government authorities, without any liability to you or any third party.
Article 6: DNAS and Peripheral Disclaimers for PlayStation®2 Users
	The terms of this Article 6 are applicable only to those Users accessing and using PlayOnline and the Licensed Software from a PlayStation®2 computer entertainment system.
In order to participate in PlayOnline, the User will access and use "DNAS" (Dynamic Network Authentication System), proprietary authentication software, servers and system created by Sony Computer Entertainment Inc. ("SCEI"). SEI is required to inform User of and obtain User's agreement to the following:
6.1 	DNAS Disclaimer.
	This software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a User's hardware and software for authentication, copy protection, account blocking, system, rules, game management, and other purposes. The information collected does not identify the User personally; provided, however, that a game publisher can combine this information with personally identifying information from the publisher's records if the User provides the personally identifying information. Before providing any personal information to a publisher, a User should review the publisher's privacy policy and terms and conditions of use and should not provide personally identifying information to a publisher unless the User first accepts the conditions of use and terms of the publisher's privacy policy. SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS", visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with "DNAS", the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the affected User's game software, console or peripherals, at the sole option of SCEA. SCEA, its parents, affiliates, and licensed game publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.
SEI is not responsible for "DNAS", and you agree that SEI shall have no liability or other responsibility for any claim or liability in connection with your use of or access to, or your inability to use or access, "DNAS".
6.2 	Peripheral Disclaimer.
	SEI MAKES NO PROMISE OR OTHER WARRANTY THAT PLAYONLINE OR THE LICENSED SOFTWARE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.
==Notes==
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Category:PlayOnline Policies