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END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA Corporation of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, New Materials and Additional Content (each as defined below) and collectively as the “PRODUCTS”.
If you have any questions about this agreement, you can reach SEGA at 27 Great West Road, Brentford, Middlesex, TW8 9BW, England, Attn. Legal Department.
This is a legal agreement between you and SEGA. Please review this End User License Agreement (“AGREEMENT”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software which allows you to construct new variations (“EDITORS”), any materials, variations, modifications, adaptations, copies, improvements, etc. of the Game Software and/or Additional Content created using the Editors (“NEW MATERIALS”), and/or any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. If you are not eighteen (18) years of age, have your parents review this Agreement. SEGA requests that you contact one of the customer service centers advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service center.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/legal/terms.php, INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/legal/privacy.php). THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND ADDITIONAL CONTENT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCTS. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT AND SEGA SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT) YOU AGREE THAT SEGA MAKES THOSE PRODUCTS AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS STATED OTHERWISE EXPLICITELY STATED BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software, Editors, New Materials and/or Additional Content are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software, Editors, New Materials and Additional Content may be subject to additional terms and conditions promulgated by SEGA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://www.sega.co.uk/legal/terms.php or http://www.sega.co.uk/legal/privacy.php. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software, Editors, New Materials or Additional Content after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game Software and/or Editors (including any New Materials) and/or Additional Content solely and exclusively for your personal and non-commercial use. All uses of the Editors and any New Materials are for your own personal, non-commercial use solely in connection with the applicable Game Software and/or Additional Content purchased by you. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any Products, including any New Materials, without the express prior written consent of an authorized representative of SEGA. This includes distributing any New Materials as part of any compilation you and/or other users may create.
You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorized users who have purchased any of the Products, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software, Editors, New Materials, Additional Content and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, Editors, Additional Content and any related documentation) are owned by SEGA or SEGA’s licensors.
Any and all New Materials created by you and all right, title, and interest in and to such New Materials shall belong to, vest in and be the exclusive property of SEGA and/or its licensors on creation. You waive and agree never to assert against SEGA or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any New Materials. You also allow other users to use freely any New Materials whilst using the Products.
To the extent required by law, with respect to any New Materials you create, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way SEGA, or its respective designee(s), sees fit.
The Products are protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Products contain certain licensed materials, and SEGA and SEGA’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in the Game Software, Editors, New Materials or Additional Content, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software, Editors, New Materials or Additional Content.
4. NO SALE OR ASSIGNMENT
SEGA does not recognize the transfer of the Game Software, Editors, New Materials or Additional Content. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Game Software, Editors, New Materials or Additional Content, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Game Software, Editors, New Materials or Additional Content or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Game Software, Editors, New Materials or Additional Content or permit the use of the Game Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time;
(c) use the Game Software, Editors, New Materials or Additional Content, or permit use of such Products, or make the Products available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software, Editors, New Materials or Additional Content or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, Editors or Additional Content, in whole or in part (except in connection with the proper use of the Editors in accordance with paragraph (i) below and as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall constitute New Materials and shall belong to, vest in and be the exclusive property of SEGA and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software, Editors or Additional Content;
(g) export or re-export the Game Software, Editors or Additional Content or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game Software, Editors or Additional Content unless provided for in paragraph (i) below; or
(i) use the Editors to create any New Materials which can be used: (A) to modify any executable file; (B) to produce any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (C) to infringe the trademarks, copyright or intellectual property rights of any third party; (D) for commercial exploitation by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editors.
You hereby warrant and represent that the New Materials submitted by you shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.
You hereby warrant and represent that any New Materials submitted by you and the subsequent use and exploitation of any New Materials by SEGA will not infringe any rights of any person (corporate or otherwise) including but not limited to intellectual property rights or otherwise result in any potential liability to SEGA.
If you commit any breach of this Agreement, your right to use the Game Software, Editors, New Materials or Additional Content under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Products.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT AND ANY OTHER MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCTS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS FOR ANY PURPOSE. THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Game Software, Editors, New Materials or Additional Content may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Game Software, Editors, New Materials or Additional Content, and therefore, delays and disruption of other network transmissions are completely beyond SEGA’s control.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCTS. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Products; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software, Editors, New Materials or Additional Content infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defenses.
8. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the Game Software, Editors, New Materials or Additional Content, either directly or through a third-party provider. SEGA is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
9. INTERNATIONAL USE
Although the Game Software, Editors, New Materials or Additional Content may be accessible worldwide, we make no representation that the Game Software, Editors, New Materials or Additional Content or related materials are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software, Editors, New Materials or Additional Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Products may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to SEGA prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Game Software, Editors, New Materials or Additional Content at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software, Editors, New Materials or Additional Content. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.
11. INJUNCTION
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. DATA PROTECTION
YOU ACKNOWLEDGE THAT SEGA DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, SEGA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT OUR USER’S BROWSING ACTIONS AND PATERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING SEGA IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about SEGA’s privacy policy can be found at: http://www.sega.co.uk/legal/privacy.php).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or customersupportuk@sega.co.uk.
13. OPEN SOURCE SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”). YOU AGREE TO BE BOUND BY THE LICENCE TERMS IN RESPECT OF THE OSS CONTAINED IN THE SOFTWARE.
MURMURHASH
The MIT License (MIT)
Copyright (c) 2014, aappleby@google.com, tanjent@gmail.com, mckay.davis@gmail.com, chandlerc@google.com
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
ZLIB
zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.8, April 28th, 2013
Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Game Software, Editors, New Materials and/or Additional Content and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SEGA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
SEGA may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without SEGA’s express prior written consent.
SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software, Editors, New Materials or Additional Content or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software, Editors, New Materials or Additional Content arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of England Wales, and you consent to the exclusive jurisdiction of the English Courts.
You may contact SEGA at the following address:
Sega Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE products IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA Corporation of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its affiliated companies (collectively, “SEGA” or “We”) reserves all rights not expressly granted to you. The products that are subject to this license are referred to in this license as the Game Software, Editors, New Materials and Additional Content (each as defined below) and collectively as the “PRODUCTS”.
If you have any questions about this agreement, you can reach SEGA at 27 Great West Road, Brentford, Middlesex, TW8 9BW, England, Attn. Legal Department.
This is a legal agreement between you and SEGA. Please review this End User License Agreement (“AGREEMENT”) carefully before installing, accessing or utilizing the game you have just purchased (“GAME SOFTWARE”), the editing software you have just downloaded or any part of the Game Software which allows you to construct new variations (“EDITORS”), any materials, variations, modifications, adaptations, copies, improvements, etc. of the Game Software and/or Additional Content created using the Editors (“NEW MATERIALS”), and/or any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”). The Game Software includes all software included with the video game, the associated media, any updates and upgrades that replace or supplement the software that are not distributed with a separate license, the associated media, any software associated with the online mode of the video game, any printed materials, any online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. If you are not eighteen (18) years of age, have your parents review this Agreement. SEGA requests that you contact one of the customer service centers advertised in the information accompanying any of the Products. Please note that there may be a charge for the telephone call to the customer service center.
IMPORTANT - READ CAREFULLY: BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THIS GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS SET FORTH BELOW. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/legal/terms.php, INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/legal/privacy.php). THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND ADDITIONAL CONTENT INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, OPEN, COPY OR OTHERWISE USE THE PRODUCTS. YOUR REMEDY FOR DISSATISFACTION WITH THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCTS. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT AND SEGA SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCTS.
CANCELLATION RIGHTS: DIGITAL CONTENT
FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT) YOU AGREE THAT SEGA MAKES THOSE PRODUCTS AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER AND ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS STATED OTHERWISE EXPLICITELY STATED BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Game Software, Editors, New Materials and/or Additional Content are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game Software, Editors, New Materials and Additional Content may be subject to additional terms and conditions promulgated by SEGA from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on http://www.sega.co.uk/legal/terms.php or http://www.sega.co.uk/legal/privacy.php. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Game Software, Editors, New Materials or Additional Content after a modification has been made to the Agreement constitutes your acceptance of such modification.
2. LIMITED USE LICENSE
Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Game Software and/or Editors (including any New Materials) and/or Additional Content solely and exclusively for your personal and non-commercial use. All uses of the Editors and any New Materials are for your own personal, non-commercial use solely in connection with the applicable Game Software and/or Additional Content purchased by you. This Agreement shall also apply to any patches, updates or upgrades you may obtain for the any of the Products. IN ACCORDANCE WITH AND WITHOUT LIMITATION TO THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT OR RELATED INFORMATION OR MATERIALS TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF ANY OTHER FORM OF REPRODUCTION OR ANY FORM OF DISTRIBUTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. All rights not specifically granted under this Agreement are hereby reserved by SEGA and, as applicable, by its licensors.
You may not cause or permit the sale or other commercial distribution or commercial exploitation (e.g., by renting, licensing, sublicensing, leasing, disseminating, uploading, downloading, transmitting, whether on a pay-per-play basis or otherwise) of any Products, including any New Materials, without the express prior written consent of an authorized representative of SEGA. This includes distributing any New Materials as part of any compilation you and/or other users may create.
You are only permitted to distribute the New Materials, without charge (i.e., on a strictly non-commercial basis), to other authorized users who have purchased any of the Products, solely for use with such users’ own authorized copies of such Product and in accordance with and subject to the terms and conditions of this Agreement and all applicable laws.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME SOFTWARE, EDITORS, NEW MATERIALS OR ADDITIONAL CONTENT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SEGA. Except as expressly licensed to you herein, all right, title, and interest in and to the Game Software, Editors, New Materials, Additional Content and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, “applets” incorporated into the Game Software, Editors, Additional Content and any related documentation) are owned by SEGA or SEGA’s licensors.
Any and all New Materials created by you and all right, title, and interest in and to such New Materials shall belong to, vest in and be the exclusive property of SEGA and/or its licensors on creation. You waive and agree never to assert against SEGA or its affiliates, distributors or licensors any moral rights or similar rights, however designated, that you may have in or to any New Materials. You also allow other users to use freely any New Materials whilst using the Products.
To the extent required by law, with respect to any New Materials you create, you automatically grant to SEGA the irrevocable, perpetual, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way SEGA, or its respective designee(s), sees fit.
The Products are protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Products contain certain licensed materials, and SEGA and SEGA’s licensors may protect their rights in the event of any violation of this Agreement.
This license does not give you any title or ownership in the Game Software, Editors, New Materials or Additional Content, and should not be construed as a sale or transfer of any intellectual property rights to the Game Software, Editors, New Materials or Additional Content.
4. NO SALE OR ASSIGNMENT
SEGA does not recognize the transfer of the Game Software, Editors, New Materials or Additional Content. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of SEGA. Any attempt to do so shall be void and of no effect.
5. LICENSE CONDITIONS
You agree to only use the Game Software, Editors, New Materials or Additional Content, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Game Software, Editors, New Materials or Additional Content or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming center or any other location-based site;
(b) use the Game Software, Editors, New Materials or Additional Content or permit the use of the Game Software, on more than one computer, game console, mobile device, handheld device or PDA at the same time;
(c) use the Game Software, Editors, New Materials or Additional Content, or permit use of such Products, or make the Products available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
(d) sell, rent, lease, license, distribute or otherwise transfer this Game Software, Editors, New Materials or Additional Content or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Game Software, Editors or Additional Content, in whole or in part (except in connection with the proper use of the Editors in accordance with paragraph (i) below and as the applicable law expressly permits, in which case all and any modifications, adaptations, copies, improvements, etc. shall constitute New Materials and shall belong to, vest in and be the exclusive property of SEGA and/or its licensors on creation, in any event);
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Game Software, Editors or Additional Content;
(g) export or re-export the Game Software, Editors or Additional Content or any copy or adaptation in violation of any applicable laws or regulations;
(h) create data or executable programs which mimic data or functionality in the Game Software, Editors or Additional Content unless provided for in paragraph (i) below; or
(i) use the Editors to create any New Materials which can be used: (A) to modify any executable file; (B) to produce any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (C) to infringe the trademarks, copyright or intellectual property rights of any third party; (D) for commercial exploitation by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editors.
You hereby warrant and represent that the New Materials submitted by you shall not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA.
You hereby warrant and represent that any New Materials submitted by you and the subsequent use and exploitation of any New Materials by SEGA will not infringe any rights of any person (corporate or otherwise) including but not limited to intellectual property rights or otherwise result in any potential liability to SEGA.
If you commit any breach of this Agreement, your right to use the Game Software, Editors, New Materials or Additional Content under this Agreement shall automatically terminate, without notice. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties, and may subject you to civil and criminal liability.
Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Products.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT AND ANY OTHER MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
AT SOME POINT IN THE FUTURE THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCTS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE GAME SOFTWARE, EDITORS, NEW MATERIALS AND/OR ADDITIONAL CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS FOR ANY PURPOSE. THE GAME SOFTWARE, EDITORS, NEW MATERIALS, ADDITIONAL CONTENT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Game Software, Editors, New Materials or Additional Content may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Game Software, Editors, New Materials or Additional Content, and therefore, delays and disruption of other network transmissions are completely beyond SEGA’s control.
YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCTS. IN NO CASE SHALL ANY LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. INDEMNIFICATION
Upon a request by SEGA, you agree to defend, indemnify, and hold SEGA and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorneys’ fees, that arise from (a) your use of, or activities in connection with the Products; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Game Software, Editors, New Materials or Additional Content infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defenses.
8. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "COMMUNICATION SOFTWARE") available through the Game Software, Editors, New Materials or Additional Content, either directly or through a third-party provider. SEGA is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.
9. INTERNATIONAL USE
Although the Game Software, Editors, New Materials or Additional Content may be accessible worldwide, we make no representation that the Game Software, Editors, New Materials or Additional Content or related materials are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Game Software, Editors, New Materials or Additional Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Game Software is void where prohibited. Without limiting the foregoing, the Products may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Products, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continue to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts which were paid to SEGA prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Game Software, Editors, New Materials or Additional Content at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of SEGA, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game Software, Editors, New Materials or Additional Content. The provisions of Sections 3, 4, 6, 7, 8, 10, 11 and 12 shall survive any termination of this Agreement.
11. INJUNCTION
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
12. DATA PROTECTION
YOU ACKNOWLEDGE THAT SEGA DOES AND MAY COLLECT DATA DERIVED FROM YOUR PLAYING AND/OR USE OF ANY OF THE PRODUCTS. FOR EXAMPLE, SEGA MAY COLLECT OR PROCESS INFORMATION ABOUT YOUR COMPUTER, INCLUDING WHERE AVAILABLE YOUR IP ADDRESS AND OPERATING SYSTEM. THIS IS STATISTICAL DATA ABOUT OUR USER’S BROWSING ACTIONS AND PATERNS, AND DOES NOT IDENTIFY ANY INDIVIDUAL. THE COLLECTION AND STORAGE OF THE ABOVE DATA AND GAME PLAY IS SOLELY FOR THE PURPOSES OF FACILITATING THE EXISTING FUNCTIONALITY OF THE PRODUCTS, ASSISTING SEGA IN ASSESSING IMPROVEMENTS TO IT AND OTHER GAMES BASED ON GENERAL PLAYING PATTERNS AND FOR DIGITAL MANAGEMENT PURPOSES (more details about SEGA’s privacy policy can be found at: http://www.sega.co.uk/legal/privacy.php).
Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or customersupportuk@sega.co.uk.
13. OPEN SOURCE SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”). YOU AGREE TO BE BOUND BY THE LICENCE TERMS IN RESPECT OF THE OSS CONTAINED IN THE SOFTWARE.
MURMURHASH
The MIT License (MIT)
Copyright (c) 2014, aappleby@google.com, tanjent@gmail.com, mckay.davis@gmail.com, chandlerc@google.com
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
ZLIB
zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.8, April 28th, 2013
Copyright (C) 1995-2013 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
14. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Game Software, Editors, New Materials and/or Additional Content and supersedes all prior agreements and representations, warranties or understandings between you and SEGA (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. SEGA reserves the right to amend or modify this Agreement at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
SEGA may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without SEGA’s express prior written consent.
SEGA’s performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of SEGA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Game Software, Editors, New Materials or Additional Content or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Game Software, Editors, New Materials or Additional Content arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
This Agreement shall be construed under laws of England Wales, and you consent to the exclusive jurisdiction of the English Courts.
You may contact SEGA at the following address:
Sega Europe Limited
Customer Service Department
27 Great West Road
Brentford
Middlesex
TW8 9BW
Email: customersupportuk@sega.co.uk
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT MY USE OF THE products IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.