PLAYSTATION® PRODUCT SOFTWARE LICENSE AGREEMENT (Version 1.0)
PLEASE READ THIS PLAYSTATION PRODUCT SOFTWARE LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
THIS AGREEMENT IS BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT INC. (“SIE”). ACCESS TO OR USE OF THE SOFTWARE (DEFINED BELOW) IN ANY PLAYSTATION CONSOLE, PLAYSTATION DEVICE (SUCH AS VR HEADSET), OR OTHER PLAYSTATION PERIPHERAL (“PRODUCT”) IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT’S TERMS. BY USING THE PRODUCT, YOU DEMONSTRATE THAT YOU ARE CAPABLE OF ENTERING INTO A CONTRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS.
You are accepting this Agreement on your behalf and on behalf of other people (including, but not limited to, individuals using your Product with your permission or under your supervision, such as children) who access or use your Product. You are responsible for other people’s use of your Product and for their compliance with this Agreement’s terms.
SIE reserves the right, from time to time, to change the terms of this Agreement. The latest version of this Agreement will supersede all previous versions.
“Software” in this Agreement means (i) any software that SIE distributes or makes available to you or included in your Product subject to this Agreement and (ii) any patches, updates, upgrades, or new versions thereof (“Updates”). Software includes (but is not limited to) system software, firmware, device software.
If you are in Europe, the Middle East, Africa, Australia, Oceania, India, the Russian Federation or Ukraine, all games and other software made available for use with the Product are licensed to you, not sold, pursuant to the Software Usage Terms which can be found at https://www.playstation.com/legal/software-usage-terms/. IN ADDITION, AS A CONSUMER YOU MAY HAVE RIGHTS UNDER APPLICABLE LOCAL LAWS THAT CANNOT BE EXCLUDED, LIMITED OR CHANGED. THOSE RIGHTS TAKE PRIORITY OVER ANYTHING IN THIS AGREEMENT.
If you are in North America, South America or Central America, all games and other software made available for use with the Product are licensed to you, not sold, pursuant to the Software Product Licence Agreement which can be found at https://www.playstation.com/en-us/legal/softwarelicense/.
NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY/REGION IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 8 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED IN SECTION 8) BETWEEN YOU AND A “SONY ENTITY” (AS DEFINED IN SECTION 8). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 8.
1. LICENCE GRANT
Subject to this Agreement's terms, SIE grants you a limited, non-exclusive, non-commercial, non-assignable, revocable right to use the Software solely on the Product. Your rights to use previous versions of the Software other than the current version of the Software terminates as soon as you are able to receive or have the most current version of the Software installed on the Product.
Certain licence terms for SIE-licensed, third-party software, technology or services may require that SIE provide you with notices and licence terms for that third-party software, technology, or service. These notices and licence terms are available to you at https://www.playstation.com/oss/ or any other place which SIE thinks appropriate.
All rights to use the Software are granted by licence only, and you are not granted any ownership rights, title, or interests in the Software. SIE and its licensors retain all intellectual property rights in the Software. All use of or access to the Software is subject to this Agreement's terms and applicable intellectual property laws. Except as this Agreement expressly grants, SIE and its licensors reserve all rights in the Software.
You may not: (i) distribute, copy, lease, rent, sublicense, publish, modify, patch, adapt or translate the Software; (ii) reverse engineer, decompile or disassemble the Software, create Software derivative works, or attempt to create the Software source code from its object code; (iii) use any unauthorised, illegal, counterfeit or modified hardware or software with the Software; (iv) use tools to bypass, disable or circumvent any encryption, security or authentication mechanism of the Software or Product; (v) reinstall earlier versions of the Software; (vi) violate any laws, regulations or statutes or rights of SIE or third parties in connection with your access to or use of the Software or Product; (vii) use any hardware or software to cause the Software or Product to accept or use unauthorised, illegal or pirated software or hardware; (viii) obtain the Software in any manner other than through SIE's authorised distribution methods; or (ix) exploit the Software in any manner other than to use it according to the accompanying documentation and with authorised software or hardware, including use of the Software to design, develop, update or distribute unauthorised software or hardware for use in connection with the Software or Product.
3. UPDATES, THIRD PARTY AGREEMENTS AND CONTENT
SIE may provide you with Updates. Some Updates may be provided to you when you sign into PlayStation™Network and others may be available to you through SIE's website or authorised channels. Updates may include the latest update or download of a new release of the Software containing security patches, new technology or revised settings and features that may prevent access to unauthorised or pirated content or prevent use of unauthorised hardware or software in connection with the Product.
As the Product may be changed from time to time, these Updates may have effects on the functionality of the Product. Some Updates may remove current features, functions, or settings in whole or in part and change or delete of your current settings, data, or content. SIE recommends that you regularly back up all data that you can.
You must install or have installed any Updates and the most current version of the Software as soon as you reasonably can. If you do not install any Updates or Software within a reasonable time, your Product may not function properly or you may not receive the latest security patches. Unless the Update is faulty, SIE does not bear any responsibility for any harm caused by the Update if the installation process was not carried out in accordance with SIE’s instructions.
SIE and its affiliated companies do not control or direct Third Party Content and Links nor do SIE and its affiliated companies monitor, approve, endorse, warrant or sponsor any Third Party Content and Links. SIE and its affiliated companies bear no liability for any Third Party Content and Links. Your reliance on any Third Party Content and Links is at your own risk, and you assume all responsibilities and consequences resulting from your reliance.
4. COLLECTION OF INFORMATION/AUTHENTICATION
5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
The Software is provided “AS IS” without any express or implied warranties, except as provided for under your statutory consumer rights under applicable local laws. SIE, its affiliated companies, and licensors expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement.
IN NO EVENT ARE SIE, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE AFOREMENTIONED LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDIAL ACTION FAILS IN ITS ESSENTIAL PURPOSE. SOME COUNTRIES/REGIONS DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IF YOU RESIDE IN JAPAN OR ANY COUNTRY/REGION LOCATED IN EAST ASIA OR SOUTHEAST ASIA AND IN CASE SIE, ITS AFFILIATES AND LICENSORS ARE LIABLE, REGARDLESS OF WHETHER THE LIABILITY IS ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYSTEM SOFTWARE, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THEIR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES SUFFERED BY YOU UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT THAT THE SOFTWARE GIVING RISE TO THE LIABILITY WAS INSTALLED IN, UNLESS SIE, ITS AFFILIATES AND LICENSORS HAVE BEEN WILFULLY OR GROSSLY NEGLIGENT. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE AFOREMENTIONED LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDIAL ACTION FAILS IN ITS ESSENTIAL PURPOSE. SOME COUNTRIES/REGIONS DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are in Europe, the Middle East, Africa, Australia, Oceania, India, the Russian Federation or Ukraine, the following applies to you:
5.1. You may have rights under applicable local laws that cannot be excluded, limited or changed. Those rights take priority over anything in this Agreement, including in this clause 5.
5.2. This Agreement does not:
5.2.1. affect any statutory guarantees or warranties you have as a consumer under local applicable laws (such as your rights if the Software is faulty);
5.2.2. exclude or limit our liability in any way for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
5.2.3. exclude or limit our liability in any way for our deliberate breach, fraud, fraudulent misrepresentation or gross negligence; or
5.2.4. exclude or limit our liability in any way unless we are allowed to do so under your applicable local laws.
5.3. Subject to clause 5.1 and 5.2, our liability to you is limited to the price you paid for the Product which the Software giving rise to the liability was installed in.
6. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND SIE REMEDIES
If SIE has evidence to determine that you have violated this Agreement's terms, SIE may itself, or may procure, the taking of any action to protect its interests such as disabling access to or use of some or all of the Software, disabling use of the Product online or offline, termination of your access to the PlayStation Network, denial of any warranty, repair or other services provided for the Product, implementation of automatic or mandatory updates or devices intended to discontinue unauthorised use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of modified or unpermitted use of the Software. The actions that SIE may take, and the duration of those actions, will be limited to what is objectively necessary to protect you, SIE’s interests and those of other users.
SIE, its affiliates and licensors reserve the right to bring legal action in the event of a violation of this Agreement. SIE may participate in governmental or private legal action or investigation relating to your use of the Software.
7. EXPORT CONTROLS AND COMPLIANCE WITH LAWS
The Software may contain technology that is subject to certain restrictions under export-control laws and regulations. As such, the Software may not be exported or re-exported to persons and entities in violation of these laws and regulations. You must comply with these laws when using the Software.
8. BINDING INDIVIDUAL ARBITRATION FOR CERTAIN RESIDENTS
The following terms in this Section 8, to the fullest extent permitted under law, apply to you if you are a resident of the United States or a country/region in North, Central or South America.
The term “Dispute” means any dispute, claim, or controversy between you and SIE, Sony Interactive Entertainment LLC, any of their current or former affiliates, or any predecessor or successor entity to any of the aforementioned, including Sony Computer Entertainment Inc., Sony Computer Entertainment America LLC, and Sony Interactive Entertainment America LLC (”Sony Entity”) regarding any and all uses of the Software, including but not limited to, the collection, use, storage or disclosure of data resulting from any use of the Software, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 8 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” has the broadest possible meaning that will be enforced.
If you have a Dispute (other than one described as excluded from arbitration below) with any Sony Entity or any of Sony Entity’s officers, directors, employees or agents (”Adverse Sony Entity”) that cannot be resolved through negotiation as required below, you and the Adverse Sony Entity must seek resolution of the Dispute only through arbitration of that Dispute according to Section 8's terms and not litigate that Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN A SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY SIE IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO SONY INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2,207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94,404, ATTN: LEGAL DEPARTMENT – WAIVER AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SIGN-IN ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION.
IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO SONY INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2,207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94,404, ATTN: LEGAL DEPARTMENT - DISPUTE RESOLUTION TO GIVE THE ADVERSE SONY ENTITY AN OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate the resolution of the Dispute in good faith for no fewer than 60 days after you provide notice of the Dispute. If the Adverse Sony Entity does not resolve your Dispute within 60 days from its receipt of notice of the Dispute, you or the Adverse Sony Entity may pursue your claim in arbitration pursuant to the terms in this Section 8.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE ADVERSE SONY ENTITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
If you or the Adverse Sony Entity elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (”AAA”), www.adr.org, or JAMS www.jamsadr.com. This Section 8's terms govern if they conflict with the rules of the arbitration organisation that the parties select.
You and the Sony Entities agree that this arbitration agreement evidences a transaction in interstate commerce and thus the substantive and procedural provisions of the Federal Arbitration Act and the AAA rules identified below govern the interpretation and enforcement of this Section 8. For claims of less than $75,000, the AAA Supplementary Procedures for Consumer–Related Disputes (“Supplementary Procedures”) will apply, including the schedule of arbitration fees set forth in section C-8 of the Supplementary Procedures. For claims exceeding $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings will apply.
The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Adverse Sony Entity as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under the controlling state or federal law afforded to the Adverse Sony Entity or you.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator's award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or the Adverse Sony Entity may initiate arbitration in either San Mateo County, California or the county in which you reside. If you select the county of your residence, the Adverse Sony Entity may transfer the arbitration to San Mateo County if it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
If any clause within this Section 8 (other than the Class Action Waiver clause above) is illegal or unenforceable, that clause will be severed from this Section 8, and the remainder of this Section 8 will be given full effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 8 will be unenforceable, and the Dispute will be decided by a court.
This Section 8 survives this Agreement's termination.
9. GOVERNING LAW AND VENUE
If you reside in Japan or a country/region located in East Asia or Southeast Asia, this Agreement is governed by, construed and interpreted in accordance with the laws of Japan except for its conflict of law rules. Any dispute arising under or in relation to this Agreement shall be exclusively submitted to the Tokyo District Court in Tokyo, Japan.
If you reside in Europe, Africa, Australia and Oceania, the Middle East, India, Ukraine or the Russian Federation, this Agreement is governed by, construed and interpreted in accordance with English Law but you will have the additional protection of the mandatory laws of the country/region you live in. You can enforce this Agreement in a court of competent jurisdiction in the country/region in which you live or in England and Wales.
If you reside elsewhere, this Agreement is governed by, construed and interpreted in accordance with the laws of the State of California except for its conflict of law rules. If you are a resident of the United States, any Dispute not subject to arbitration and not initiated in a small claims court must be litigated in a court of competent jurisdiction in either the Superior Court for the State of California in the County of San Mateo or in the United States District Court for the Northern District of California.
10. GENERAL LEGAL
You are bound by this Agreement's most current version. To access a current version of this Agreement, go to https://www.playstation.com/legal/product-ssla/. Your continued access to or use of the Software will signify your acceptance of the latest version of this Agreement.
If any provision in this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way. You acknowledge that your breach of this Agreement would cause irreparable injury to SIE for which monetary damages would not be an adequate remedy and that SIE is entitled to equitable relief in addition to any other remedies it may have recourse to under law.
This Agreement constitutes the entire agreement between you and SIE with respect to the Software and supersedes all prior or contemporaneous understandings regarding its subject matter. No failure to exercise and no delay in exercising any right under this Agreement operates as a waiver of that right. SIE may assign any of its rights under this Agreement, including its rights to enforce this Agreement's terms, to any SIE affiliate.