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END USER LICENSE AGREEMENT
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA HOLDINGS CO., LIMITED 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, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
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 or any third party software authorised for use with the Game Software by SEGA which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). 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 online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. 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 PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/EULA INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/Privacy). THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT 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 PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND SEGA SHALL NOT GRANT, OR BE DEEMED TO 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 THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT SEGA MAKES THE PRODUCT 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 EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Product is 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 Product may be subject to additional terms and conditions published 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/EULA or http://www.sega.co.uk/Privacy.
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 Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Product, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Product. By using the Product, you warrant that you are old enough to use the Product without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
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 Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for 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 PRODUCT 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 the Product (or any part thereof), without the express prior written consent of an authorised representative of SEGA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, 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 Product 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 Product and any related documentation) are owned by SEGA or SEGA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains 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 Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
SEGA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). 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 this 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. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply.
SEGA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by SEGA, with respect to the User-Generated Content, 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 User-Generated Content (or any part thereof) in any way SEGA sees fit.
SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by SEGA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage 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 User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product 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 Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by SEGA;
(c) use the Product, or permit use of such Product, or make the Product 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 Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product 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 Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product 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 Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU 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 PRODUCT, 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 PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT 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 PRODUCT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. 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 PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT 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 PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT 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 PRODUCT, 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 PRODUCT. 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 PRODUCT 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 PRODUCT, 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.
8. 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 Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product 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.
9. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, 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.
SEGA may provide links to other third-party World Wide web sites or resources through the Product, either directly or through a third-party provider. SEGA makes no representations whatsoever about any other web site which you may access. Because SEGA has no control over such sites and resources, you acknowledge and agree that SEGA is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. SEGA makes no representation or warranty as to any third party content, products or services, and you agree that SEGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
10. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such 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 Product is void where prohibited. Without limiting the foregoing, the Product 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.
11. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues 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 discontinue use of the Product 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 Product. The provisions of Sections 3, 4, 6, 7, 8, 10, 11, 12 and the Modding Terms shall survive any termination of this Agreement.
12. 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.
13. 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 YOUR BROWSING ACTIONS AND PATTERNS, 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/Privacy).
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.
14. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, SEGA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERICAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE REAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT SEGA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR SEGA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD OR NINETY (90) DAYS FROM RECEIPT OF THE REPLACEMENT PRODUCT, WHICHEVER IS LONGER. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
15. OPEN SOURCE SOFTWARE AND THIRD PARTY SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”) AND THIRD PARTY SOFTWARE (“TPS”). YOU AGREE TO BE BOUND BY THE LICENCE TERMS IN RESPECT OF THE OSS AND TPS CONTAINED IN THE SOFTWARE.
Google VP8
Copyright (c) 2010, Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
•Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
•Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
•Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIBCURL (MIT) Licence
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2013, Daniel Stenberg, <daniel@haxx.se>.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
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 OF THIRD PARTY RIGHTS. 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
Pugixml (MIT) Licence
This software is based on pugixml library (http://pugixml.org).
pugixml is Copyright (C) 2006-2012 Arseny Kapoulkine.
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.
JsonCpp (MIT) Licence
The author (Baptiste Lepilleur) explicitly disclaims copyright in all jurisdictions which recognize such a disclaimer. In such jurisdictions, this software is released into the Public Domain.
In jurisdictions which do not recognize Public Domain property (e.g. Germany as of 2010), this software is Copyright (c) 2007-2010 by Baptiste Lepilleur, and is released under the terms of the MIT License (see below).
In jurisdictions which recognize Public Domain property, the user of this software may choose to accept it either as 1) Public Domain, 2) under the conditions of the MIT License (see below), or 3) under the terms of dual Public Domain/MIT License conditions described here, as they choose.
The MIT License is about as close to Public Domain as a license can get, and is described in clear, concise terms at:
http://en.wikipedia.org/wiki/MIT_License
The full text of the MIT License follows:
========================================================================
Copyright (c) 2007-2010 Baptiste Lepilleur
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.
========================================================================
(END LICENSE TEXT)
The MIT license is compatible with both the GPL and commercial software, affording one all of the rights of Public Domain with the minor nuisance of being required to keep the above copyright notice and license text in the source code. Note also that by accepting the Public Domain "license" you can re-license your copy using whatever license you like.
libpng Licence
This code is released under the libpng license.
libpng versions 1.2.6, August 15, 2004, through 1.6.2, April 25, 2013, are
Copyright (c) 2004, 2006-2012 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are
Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
A "png_get_copyright" function is available, for convenient use in "about" boxes and the like: printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
April 25, 2013
LZMA
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
LUA (MIT) Licence
Copyright © 1994–2013 Lua.org, PUC-Rio.
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.
OpenSSL License
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.
OpenSSL License
---------------
Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
Zlib Licence:
/* 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
16. TECHNICAL PROTECTION MEASURES
This Product uses Sony DADC Austria AG’s Denuvo (“Denuvo”) content protection technology. Acceptance of this Agreement and an Internet connection are required to verify your license. The technical protection measures of the Product may require you to download certain data to your device in order to authenticate the Product. If you disable or otherwise tamper with the technical protection measures, the Product may not operate properly and you are in material breach of this Agreement.
17. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Product 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 Product 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 Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour 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 and 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
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE SEGA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
SCHEDULE
MODDING TERMS
SEGA encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third party licensors that have licensed intellectual property to Sega for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of SEGA and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: http://store.steampowered.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant SEGA, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way SEGA or its licensors see fit for use with the Product and any other products published by SEGA. 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 Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to SEGA that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA and/or its licensors;
2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by SEGA as necessary for the creation of the Mod for use with the Product;
3. any third party assets, from other games published by SEGA and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by SEGA as published on the Modding Page which may be updated by SEGA from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. SEGA reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, SEGA does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
4. INDEMNIFICATION
You agree to indemnify, defend and hold SEGA and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. OUR LIABILITY
WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. 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 ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Page shall survive termination.
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled 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.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning Mods, the Modding Tools and the Modding Page 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 these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion.
If any part of this 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 this 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.
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.
This Agreement shall be construed under laws of England and 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
THIS SOFTWARE IS LICENSED, NOT SOLD. SEGA HOLDINGS CO., LIMITED 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, Additional Content, Physical Materials and Key Code (each as defined below) and collectively as the “Product”.
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 or any third party software authorised for use with the Game Software by SEGA which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“EDITORS”), any other content available for download whether for purchase or offered without cost by SEGA (“ADDITIONAL CONTENT”), the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “PHYSICAL MATERIALS”), and the unique alpha-numeric sequence of numbers which is printed on the manual and/or other documents included with the Physical Materials or delivered to you electronically which when activated on a third-party platform enable you to redeem, access, download and use the Game Software (“KEY CODE”). 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 online or electronic documentation, and any and all copies of such software and materials.
Please inquire about anything you do not understand. 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 PRODUCT YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (INCLUDING ANY AND ALL SCHEDULES ANNEXED TO THIS AGREEMENT). THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sega.co.uk/EULA INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT http://www.sega.co.uk/Privacy). THE AGREEMENT APPLIES TO ALL USERS OF THE PRODUCT 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 PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCT. YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND SEGA SHALL NOT GRANT, OR BE DEEMED TO 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 THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT AND/OR KEY CODE) YOU AGREE THAT SEGA MAKES THE PRODUCT 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 EXPLICITLY STATED OTHERWISE BY US OR THE THIRD PARTY RETAILER.
1. USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Product is 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 Product may be subject to additional terms and conditions published 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/EULA or http://www.sega.co.uk/Privacy.
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 Product after a modification has been made to the Agreement constitutes your acceptance of such modification.
Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement.
In the event that you are under the required age, you may not continue to use the Product, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the Product. By using the Product, you warrant that you are old enough to use the Product without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Product at all times.
This Product may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Product using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Product are rated and some features may contain adult language and material.
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 Product solely and exclusively for your personal and non-commercial use. This Agreement shall also apply to any patches, updates or upgrades you may obtain for 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 PRODUCT 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 the Product (or any part thereof), without the express prior written consent of an authorised representative of SEGA.
3. NO RIGHT TO OWNERSHIP
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE PRODUCT, 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 Product 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 Product and any related documentation) are owned by SEGA or SEGA’s licensors.
The Product is protected by UK copyright laws, international copyright treaties and conventions, and other laws. All rights are reserved. The Product contains 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 Product, and should not be construed as a sale or transfer of any intellectual property rights in or relating to the Product.
4. NO SALE OR ASSIGNMENT
SEGA does not recognise the transfer of the Product and for the avoidance of doubt, this shall include the separate transfer of any individual components of the Product (including the Game Software, Editors, Additional Content, Physical Materials and Key Code). 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 this 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. USER GENERATED MATERIALS
The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronization of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any modifications for use with the Product (“Mods”), which are governed by the additional terms in the Schedule which apply.
SEGA acknowledges and agrees that all right, title and interest in the User-Generated Content (excluding any Game Software or Game Footage) shall belong to you. To the extent required by SEGA, with respect to the User-Generated Content, 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 User-Generated Content (or any part thereof) in any way SEGA sees fit.
SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by SEGA; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.
You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage 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 User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial exploitation by you (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.
6. LICENSE CONDITIONS
You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:
(a) exploit the Product 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 Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or PDA at the same time, unless expressly authorised by SEGA;
(c) use the Product, or permit use of such Product, or make the Product 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 Product or any copies;
(e) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the Product, in whole or in part;
(f) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Product, including but not limited to separating the Key Code from the Physical Materials included with the Product;
(g) export or re-export the Product 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 Product unless such functionality is provided to you in the Editors.
If you commit any breach of this Agreement, your right to use the Product 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 Product.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN SECTION 14 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED TO YOU 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 PRODUCT, 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 PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE PRODUCT WILL BE INTEROPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT 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 PRODUCT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. 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 PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH PRODUCT 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 PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT 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 PRODUCT, 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 PRODUCT. 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 PRODUCT 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 PRODUCT, 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.
8. 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 Product (including but not limited to the creation and use of User-Generated Content which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product 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.
9. E-MAIL, MESSAGING, BLOGGING AND CHAT
SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, 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.
SEGA may provide links to other third-party World Wide web sites or resources through the Product, either directly or through a third-party provider. SEGA makes no representations whatsoever about any other web site which you may access. Because SEGA has no control over such sites and resources, you acknowledge and agree that SEGA is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. SEGA makes no representation or warranty as to any third party content, products or services, and you agree that SEGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
10. INTERNATIONAL USE
Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such 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 Product is void where prohibited. Without limiting the foregoing, the Product 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.
11. TERMINATION AND SURVIVABILITY OF TERMS
The Agreement set forth herein continues 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 discontinue use of the Product 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 Product. The provisions of Sections 3, 4, 6, 7, 8, 10, 11, 12 and the Modding Terms shall survive any termination of this Agreement.
12. 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.
13. 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 YOUR BROWSING ACTIONS AND PATTERNS, 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/Privacy).
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.
14. LIMITED GAME SOFTWARE GUARANTEE
SUBJECT TO THE LIMITATION SET OUT BELOW, SEGA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERICAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE REAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT SEGA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR SEGA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD OR NINETY (90) DAYS FROM RECEIPT OF THE REPLACEMENT PRODUCT, WHICHEVER IS LONGER. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 7 OF THIS AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.
15. OPEN SOURCE SOFTWARE AND THIRD PARTY SOFTWARE
THE GAME SOFTWARE INCLUDES AND/OR USES OPEN SOURCE SOFTWARE (“OSS”) AND THIRD PARTY SOFTWARE (“TPS”). YOU AGREE TO BE BOUND BY THE LICENCE TERMS IN RESPECT OF THE OSS AND TPS CONTAINED IN THE SOFTWARE.
Google VP8
Copyright (c) 2010, Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
•Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
•Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
•Neither the name of Google nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIBCURL (MIT) Licence
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2013, Daniel Stenberg, <daniel@haxx.se>.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
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 OF THIRD PARTY RIGHTS. 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
Pugixml (MIT) Licence
This software is based on pugixml library (http://pugixml.org).
pugixml is Copyright (C) 2006-2012 Arseny Kapoulkine.
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.
JsonCpp (MIT) Licence
The author (Baptiste Lepilleur) explicitly disclaims copyright in all jurisdictions which recognize such a disclaimer. In such jurisdictions, this software is released into the Public Domain.
In jurisdictions which do not recognize Public Domain property (e.g. Germany as of 2010), this software is Copyright (c) 2007-2010 by Baptiste Lepilleur, and is released under the terms of the MIT License (see below).
In jurisdictions which recognize Public Domain property, the user of this software may choose to accept it either as 1) Public Domain, 2) under the conditions of the MIT License (see below), or 3) under the terms of dual Public Domain/MIT License conditions described here, as they choose.
The MIT License is about as close to Public Domain as a license can get, and is described in clear, concise terms at:
http://en.wikipedia.org/wiki/MIT_License
The full text of the MIT License follows:
========================================================================
Copyright (c) 2007-2010 Baptiste Lepilleur
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.
========================================================================
(END LICENSE TEXT)
The MIT license is compatible with both the GPL and commercial software, affording one all of the rights of Public Domain with the minor nuisance of being required to keep the above copyright notice and license text in the source code. Note also that by accepting the Public Domain "license" you can re-license your copy using whatever license you like.
libpng Licence
This code is released under the libpng license.
libpng versions 1.2.6, August 15, 2004, through 1.6.2, April 25, 2013, are
Copyright (c) 2004, 2006-2012 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are
Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are
Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
A "png_get_copyright" function is available, for convenient use in "about" boxes and the like: printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
April 25, 2013
LZMA
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
LUA (MIT) Licence
Copyright © 1994–2013 Lua.org, PUC-Rio.
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.
OpenSSL License
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.
OpenSSL License
---------------
Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
Zlib Licence:
/* 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
16. TECHNICAL PROTECTION MEASURES
This Product uses Sony DADC Austria AG’s Denuvo (“Denuvo”) content protection technology. Acceptance of this Agreement and an Internet connection are required to verify your license. The technical protection measures of the Product may require you to download certain data to your device in order to authenticate the Product. If you disable or otherwise tamper with the technical protection measures, the Product may not operate properly and you are in material breach of this Agreement.
17. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning the Product 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 Product 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 Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour 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 and 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
UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
BY CONTINUING TO USE THE SEGA PRODUCT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT YOUR USE OF THE PRODUCTS IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE END USER LICENSE AGREEMENT.
SCHEDULE
MODDING TERMS
SEGA encourages its users to express their creativity and enhance the experience of our games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third party licensors that have licensed intellectual property to Sega for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.
Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the terms of this Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of SEGA and its licensors.
2. LICENCE
Subject to your compliance with the terms and conditions of the EULA and the Modding Terms, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools and any other related tools provided by SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods to the Steam Workshop Modding page for the Product (“Modding Page”), or as updated from time to time, which is owned and operated by Valve. Please visit Valve’s website for more details: http://store.steampowered.com/ Please note that Valve is a third party platform and this link is provided for your information only. You acknowledge and agree that your use of the Steam platform and the Modding Page is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of this service.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement, which means that you may only publish the Mod to the Modding Page. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant SEGA, its affiliates and its licensors all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Page in any way SEGA or its licensors see fit for use with the Product and any other products published by SEGA. 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 Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Page and shall warrant and represent to SEGA that your Mods do not contain:
1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA and/or its licensors;
2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by SEGA as necessary for the creation of the Mod for use with the Product;
3. any third party assets, from other games published by SEGA and its affiliates or any other third party;
4. any materials which do not comply with any additional instructions provided to you by SEGA as published on the Modding Page which may be updated by SEGA from time to time;
5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Page and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Page. SEGA reserves the right, in its sole and final discretion, to request that Valve remove any Mods from the Modding Page which violate the content restrictions above. To the maximum extent permitted by applicable law, SEGA does not assume any responsibility or liability for the Mods or for removal of, Mods or any failure to or delay in removing, such Mods.
4. INDEMNIFICATION
You agree to indemnify, defend and hold SEGA and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation by you of the terms of the Modding Terms.
5. OUR LIABILITY
WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. 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 ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. TERMINATION
We reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Page at any time for any reason. If you commit any breach of clauses 2 and 3 of the Modding Terms, the licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Page shall survive termination.
Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled 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.
7. MISCELLANEOUS
This Agreement represents the complete agreement between you and SEGA concerning Mods, the Modding Tools and the Modding Page 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 these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion.
If any part of this 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 this 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.
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.
This Agreement shall be construed under laws of England and 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