License and Participation Agreement
PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS BY CLICKING THE "ACCEPT" OR "DECLINE" BUTTON. YOUR ACCESS TO THE SOFTWARE AND YOUR PARTICIPATION IN THE FOLDING@HOME PROJECT (“PROJECT”) THROUGH THE PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM ARE EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU CLICK THE "DECLINE" BUTTON, YOU WILL NOT BE ABLE TO ACCESS THE SOFTWARE OR PARTICIPATE IN THE PROJECT.
You may participate in a joint effort by Sony Computer Entertainment Inc. (“SCE”) and Stanford University (“Stanford”) to contribute to Stanford’s Folding@home project. Use of the software will enable your PLAYSTATION®3 computer entertainment system (“PS3™ system”) to participate in this Project by contributing its computing power to perform computations. By accepting the terms of this agreement (“Agreement”), you agree to the terms of access for the software and that your PS3™ system will be used in connection with this Project. In addition, you agree that if you allow anyone else to use the Software or your PS3™ system to participate in this Project, you accept responsibility for their acts, including violations of this Agreement.
1. License Terms and Restrictions
The software and any documentation provided in connection with the software, including updates or enhancements to the software (“Software”) are licensed for non-commercial, personal use on your PS3™ system for the sole purpose of participation in the Project. If you do not own the PS3™ system, you must first obtain permission from the owner of the PS3™ system before installing the Software onto the system. You do not have any ownership rights or interests in the Software. All intellectual property rights therein belong to SCE and its licensors, and are the confidential information of the respective owners. All use or access to such Software shall be subject to the terms of this Agreement and all applicable copyright and other intellectual property laws. SCE reserves the right to terminate this license at any time. SCE and their licensors reserve all other rights, interests and remedies.
You may not distribute, transfer, sublicense, publish, modify, adapt, reproduce, or translate any portion of the Software. You may not reverse engineer, decompile, or disassemble any portion of the Software (unless permitted by applicable law), or create any derivative works, or otherwise attempt to create Software source code from its object code.
2. Folding@home Project
Your participation in the Project is voluntary and requires the use of the PS3™ system, other equipment and internet access. This Project is solely controlled and maintained by Stanford, and not SCE. As a result, you may be subject to additional terms and conditions of Stanford University, including any terms and conditions that are specific to the Project found athttp://folding.stanford.edu/. Please review all terms and conditions before you participate in this Project.
You will not receive any payments, royalties, considerations, or attributions from SCE, Stanford, or any third parties for your participation in the Project, the use of your PS3™ system and other equipment, or any data provided by your PS3™ system. You hereby give SCE and Stanford the irrevocable right to use, modify, or transfer the data provided by your PS3™ system without any conditions or restrictions.
Your participation in the Project may require that SCE and Stanford have access to your PS3™ system. Such access may be automatic and without notice to you, or require additional consent from you. The connection to your PS3™ system may not be secure and it may not be controlled by SCE.
Neither Stanford nor SCE is required to use data computed by your PS3™ system for any reason. SCE or Stanford may cease its role in the Project at any time. If you no longer want to participate in the Project or no longer want other users of your PS3™ system to participate in the Project, please delete the Software from your PS3™ system.
You should not provide any personally identifying information in connection with the Project such as a user name or team name for the Project. Such names, along with progress of your PS3™ system's contribution, may be displayed publicly. Any name you select should not be associated with any IDs you use for your Sony Entertainment Network account. If you do provide personally identifying information, you give SCE and Stanford the permission to use that information in connection with the Project.
Information provided on third party websites, including Stanford's Project website, is independently operated and controlled by the third party and SCE makes no representations or warranties about their information or website. You assume all risks associated with accessing the third party website, or using any information provided therein.
3. Warranty Disclaimer and Limitation of Liability
No warranty is given about the quality, usability, or functionality of the Software or Project. The Software and Project are provided “AS IS”. SCE, its subsidiaries, Stanford, and each party's agents and licensors expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non- infringement. Your sole and exclusive remedy is to stop using the Software and cease participation in the Project.
SCE, ITS SUBSIDIARIES, STANFORD, AND EACH PARTY’S AGENTS AND LICENSORS EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE (INCLUDING PERSONAL INJURY) SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SOFTWARE, OR PARTICIPATING IN THE PROJECT AND IN ANY EVENT, SUCH LIABILITY SHALL BE LIMITED TO US$50 OR THE EQUIVALENT IN LOCAL CURRENCY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
4. Collection of Non-Personally Identifying Information
SCE may collect information such as your IP address, IP address-related information, information from your PS3™ system and information about how you use your PS3™ system, including, for example, the duration of your participation in the Project. SCE may also place cookies on your PS3™ system’s hard drive. Cookies are bits of electronic information which is used for application login to the server.
You agree that SCE, its subsidiaries, and authorized third parties may use and disclose such collected information in connection with the Project.
5. Code of Conduct
You agree that you and your users will conduct yourselves responsibly, following a reasonable, common-sense code of conduct when participating in this Project. You also agree that you and your users will not (i) engage in any activity that may disrupt or interfere with the Project; and (ii) take any actions that may cause harm to SCE, its subsidiaries, or Stanford University.
6. Export Control
The Software may contain technology that is subject to certain restrictions under the U.S. Export Administration Regulations, and may not be exported or re-exported to U.S. embargoed destinations, or persons and entities prohibited by the U.S. Export Administration Regulations. In addition, Software may not be exported or re-exported to persons and entities prohibited by the U.S. Export Administration Regulations.
By using or accessing the Software or by participating in the Project using your PS3™ system, you agree to be bound by all current terms of this Agreement. To access a printable, current copy of this Agreement, go to http://www.scei.co.jp/folding/eula/ on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time. Please check back on this website or the PS3™ system from time to time for changes to this Agreement.
Your continued access to or use of the Software or participation in the Project will signify your acceptance of any changes to this Agreement. In the event of any conflict between this Agreement and any terms and conditions of Stanford University relating to the Project, the terms of this Agreement shall prevail as between you and SCE. In the event of any breach of this Agreement, you agree that there are third party beneficiaries, namely the subsidiaries of SCE, who will be entitled to pursue any damages or remedies against you. Product or service names, company or university names, logos, and trademarks used herein or in connection with the Project are the trademark properties of their respective owners and/or licensors.
Such marks and rights may be protected under domestic and international intellectual property laws.
The following terms and conditions apply to you depending on the country in which you reside.
If you reside in United States, Canada, or Mexico, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within San Mateo County, California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney’s fees, shall be paid by the non-prevailing party.
If you reside in Japan, this Agreement shall be construed and interpreted in accordance with the laws of Japan. Any dispute arising from or relating to this Agreement shall be brought in Tokyo District Court for the first instance.
If you reside in the Republic of Korea, this Agreement shall be construed and interpreted in accordance with the laws of Korea. Any dispute arising from or relation to this Agreement shall be brought in Seoul district Court, Korea.
If you reside in Hong Kong, Taiwan, Singapore, Malaysia or Thailand, this Agreement shall be construed and interpreted in accordance with the laws of the Hong Kong Special Administrative Region, People's Republic of China.
Any dispute arising from or relation to this Agreement shall be brought in District Court, Hong Kong.
If you reside in any other country, to the extent permitted by applicable law this Agreement shall be construed and interpreted in accordance with the laws of England and the English courts shall have exclusive jurisdiction. To the extent permitted by applicable law, the contract between you and SCE shall be deemed to have been formed in England.
Sony Computer Entertainment Inc.
2-6-21 Minami Aoyama, Minato-ku, 107-0062, Tokyo, Japan
Company number 016259
The Board of Trustees of the Leland Stanford Junior University
1705 El Camino Real, Palo Alto, CA 94306, US.