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LICENCE TO USE THE GAME SOFTWARE
NOTICE TO USER: PLEASE READ THIS LICENCE AGREEMENT CAREFULLY
PLEASE READ the following information carefully as it sets out the terms upon which you are allowed by SEGA Corporation of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its associated companies (“SEGA”) to use the Game Software incorporated in the game.
IF YOU AGREE TO THESE TERMS, click on the “I Accept” button at the bottom of this page to indicate your acceptance of these terms and understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THESE TERMS your use of the Game Software will not be granted. SEGA requests that you contact one of the customer service centers advertised in the information accompanying the Game Software. Please note that there may be a charge for the telephone call to the customer service centre.
1. Licence to use the Software
The term "Game Software” includes the software included in this game, the associated media, any software associated with the online mode of the game, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
SEGA grants to you the non-exclusive, non-transferable, limited right and licence to install and use one copy of the Game Software solely for your personal use. All rights not specifically transferred by this Licence remain with SEGA. The Game Software is licensed to you and not sold.
This Licence does not give you any title or ownership in the Game Software and should not be construed as a sale or transfer of any intellectual property rights to the Game Software.
2. Ownership of the Game Software
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies (in particular any titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by SEGA or its licensors. The Game Software contains certain licensed materials and SEGA’s licensors may protect their rights in the event of any violation of this Agreement.
3. Use of the Game Software
You agree only to use the Game Software or any part of it in a manner which is consistent with this Licence and you SHALL NOT:
(a) without the permission of SEGA use the Game Software or any part of it for commercial use, for example use at a Internet cafe, computer gaming center or any other location-based site;
(b) without a further licence, use the Game Software, or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) make copies of the Game Software or any part thereof;
(d) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by SEGA and subject to acceptance of the terms and conditions of use;
(e) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies without the express prior written consent of SEGA;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part;
(g) remove, disable or circumvent any proprietary notices or labels contained on or within the Game Software;
(h) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs which mimic data or functionality in the Game Software unless provided for in section (j) below.
(j) use the part of the Game Software which allows you to construct new variations ("Editor") to create new levels which (i) can be used otherwise in connection with the Game Software; (ii) to modify any executable file; (iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (iv) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
You agree to read and abide by the Game Disc Precautions and Maintenance Instructions and the Safety Information which is set out in the documentation accompanying the Game Software.
4. Warranty
The Game Software is provided without any warranties or guaranties save as specifically provided in these conditions and to the extent permitted by the applicable law.
This Licence does not affect your statutory rights as a consumer.
5. Liability
SEGA, its licensors and third party service and software providers (together “SEGA and its Partners”) will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the Game Software, even if SEGA and its Partners have been advised of the possibility of such loss.
SEGA and its Partners will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Game Software has been modified in any manner (not by SEGA) after it has been bought.
SEGA and its Partners’ liability shall not exceed the actual price paid for the Game Software.
SEGA and its Partners do not seek to exclude or limit their liability for any death or personal injury arising from its negligence
If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6. Termination
In addition to other rights of SEGA that may be available to it, this Licence will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game Software and all of its component parts.
7. Injunction
Because SEGA could be irreparably damaged if the terms of this Licence were not enforced, you acknowledge that SEGA will 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.
8. Indemnity
You agree to indemnify, defend and hold SEGA, its partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Game Software otherwise than in accordance with the terms of this Licence.
9. Miscellaneous
This Licence together with any subscriber agreement that you may enter into if you play the Game Software online represents the complete agreement between SEGA and yourself in relation to the use of the Game Software and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
You acknowledge that SEGA does and may collect data derived from your playing of the Game Software. Such data does not include personal information of any kind and nor can any individual be identified from it. The collection and storage of game play data is solely for the purposes of facilitating the existing functionality of the game and in assisting SEGA in assessing improvements to it and other games based on general playing patterns.
If any provision of this Licence is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licence shall not be affected.
Unless expressly provided to the contrary in this Licence, nothing in this Licence confers or purports to confer, on any third party, any benefit or right to enforce any term of this Licence.
This Licence is governed by the laws of England and is subject to the exclusive jurisdiction of the English Courts.
NOTICE TO USER: PLEASE READ THIS LICENCE AGREEMENT CAREFULLY
PLEASE READ the following information carefully as it sets out the terms upon which you are allowed by SEGA Corporation of 1-2-12, Haneda, Ohta-ku, Tokyo, 144-8531 Japan and its associated companies (“SEGA”) to use the Game Software incorporated in the game.
IF YOU AGREE TO THESE TERMS, click on the “I Accept” button at the bottom of this page to indicate your acceptance of these terms and understanding of the conditions of use of the Game Software.
IF YOU DO NOT AGREE TO THESE TERMS your use of the Game Software will not be granted. SEGA requests that you contact one of the customer service centers advertised in the information accompanying the Game Software. Please note that there may be a charge for the telephone call to the customer service centre.
1. Licence to use the Software
The term "Game Software” includes the software included in this game, the associated media, any software associated with the online mode of the game, any printed materials, and any online or electronic documentation, and any and all copies and derivative works of such software and materials.
SEGA grants to you the non-exclusive, non-transferable, limited right and licence to install and use one copy of the Game Software solely for your personal use. All rights not specifically transferred by this Licence remain with SEGA. The Game Software is licensed to you and not sold.
This Licence does not give you any title or ownership in the Game Software and should not be construed as a sale or transfer of any intellectual property rights to the Game Software.
2. Ownership of the Game Software
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies (in particular any titles, computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, places, concepts, artwork, animation, sounds, music, audio-visual effects, text, methods of operation, moral rights and any related documentation) are owned by SEGA or its licensors. The Game Software contains certain licensed materials and SEGA’s licensors may protect their rights in the event of any violation of this Agreement.
3. Use of the Game Software
You agree only to use the Game Software or any part of it in a manner which is consistent with this Licence and you SHALL NOT:
(a) without the permission of SEGA use the Game Software or any part of it for commercial use, for example use at a Internet cafe, computer gaming center or any other location-based site;
(b) without a further licence, use the Game Software, or permit the use of the Game Software, on more than one computer, game console, handheld device or PDA at the same time;
(c) make copies of the Game Software or any part thereof;
(d) use the Game Software, or permit use of the Game Software, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly provided by SEGA and subject to acceptance of the terms and conditions of use;
(e) sell, rent, lease, license, distribute or otherwise transfer this Game Software or any copies without the express prior written consent of SEGA;
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part;
(g) remove, disable or circumvent any proprietary notices or labels contained on or within the Game Software;
(h) export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programs which mimic data or functionality in the Game Software unless provided for in section (j) below.
(j) use the part of the Game Software which allows you to construct new variations ("Editor") to create new levels which (i) can be used otherwise in connection with the Game Software; (ii) to modify any executable file; (iii) to product any libelous, defamatory or other illegal material or material that is scandalous or invades the rights of privacy or publicity of a third party; (iv) to use the trademarks, copyright or intellectual property rights of any third party; (v) are then commercially exploited by you (through pay-per-play or timesharing services or otherwise). For the avoidance of doubt you are solely liable and responsible for any claims by a third party resulting from your use of the Editor.
You agree to read and abide by the Game Disc Precautions and Maintenance Instructions and the Safety Information which is set out in the documentation accompanying the Game Software.
4. Warranty
The Game Software is provided without any warranties or guaranties save as specifically provided in these conditions and to the extent permitted by the applicable law.
This Licence does not affect your statutory rights as a consumer.
5. Liability
SEGA, its licensors and third party service and software providers (together “SEGA and its Partners”) will not be held responsible for the risks connected with lost profit, damage to property, lost data, loss of goodwill, console, computer or handheld device failure, errors and lost business or other information as a result of possession, use or malfunction of the Game Software, even if SEGA and its Partners have been advised of the possibility of such loss.
SEGA and its Partners will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the Game Software has been modified in any manner (not by SEGA) after it has been bought.
SEGA and its Partners’ liability shall not exceed the actual price paid for the Game Software.
SEGA and its Partners do not seek to exclude or limit their liability for any death or personal injury arising from its negligence
If any of the conditions in this Licence are held to be invalid or void under any applicable law, the other provisions of these conditions will be unaffected and remain in full force and effect.
6. Termination
In addition to other rights of SEGA that may be available to it, this Licence will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Game Software and all of its component parts.
7. Injunction
Because SEGA could be irreparably damaged if the terms of this Licence were not enforced, you acknowledge that SEGA will 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.
8. Indemnity
You agree to indemnify, defend and hold SEGA, its partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your acts and omissions to act in using the Game Software otherwise than in accordance with the terms of this Licence.
9. Miscellaneous
This Licence together with any subscriber agreement that you may enter into if you play the Game Software online represents the complete agreement between SEGA and yourself in relation to the use of the Game Software and supersedes all prior agreements and representations, warranties or understandings (whether negligently or innocently made but excluding those made fraudulently).
You acknowledge that SEGA does and may collect data derived from your playing of the Game Software. Such data does not include personal information of any kind and nor can any individual be identified from it. The collection and storage of game play data is solely for the purposes of facilitating the existing functionality of the game and in assisting SEGA in assessing improvements to it and other games based on general playing patterns.
If any provision of this Licence is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licence shall not be affected.
Unless expressly provided to the contrary in this Licence, nothing in this Licence confers or purports to confer, on any third party, any benefit or right to enforce any term of this Licence.
This Licence is governed by the laws of England and is subject to the exclusive jurisdiction of the English Courts.