PLEASE READ CAREFULLY. BY CLICKING ACCEPT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD AND DO NOT USE THIS SOFTWARE.
1. Unreal Tournament 3 EULA. The terms of this ATRAC End User License Agreement (“EULA”) are in addition to the terms and conditions of the Unreal Tournament 3 End User License Agreement (“UT3 EULA”) between you and Midway Home Entertainment Inc., Midway Games Ltd., and their licensors, including Epic Games, Inc. (or their respective designees). Nothing in this EULA supersedes anything in the UT3 EULA.
2. License. Sony Corporation and its licensors (individually and collectively, “SONY”) own the ATRAC software (the “Software”). SONY grants you a nonexclusive, nontransferable, worldwide license to install one copy of the Software on one computer and run the Software from a hard drive on that computer. The Software shall only be used in connection with UnrealEd for the creation of Mods (as defined below) for PlayStation 3, and as further defined in the UT3 EULA. The Software is being licensed to you and not sold. SONY and its licensors reserve all rights not expressly granted to you herein.
3. Use Restrictions. The Software contains patents, copyrighted material, trade secrets and other proprietary material that belongs to SONY or its licensors. You shall not, and shall not allow others to:
You will take all reasonable precautions to maintain the Software in a secure fashion and to protect the Software from theft, unauthorized use or disclosure. Except as set forth herein, you cannot rent, sell, lease, barter, sublicense or in any other manner distribute the Software. You will not publish the Software for others to copy, or electronically transmit the Software from one computer to another or over a network.
If you downloaded the Software in North America, you agree and certify that neither the Software nor any other technical data received from SONY, nor the direct product thereof (whether a process or service or otherwise), will be directly or indirectly exported or transmitted outside the United States except as authorized and as permitted by the laws and regulations of the United States. The Software cannot be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export or transmit, directly or indirectly, the Software nor any other technical data received from SONY, except as authorized by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. If you downloaded the Software outside of North America, you agree that you will not re-export or transmit, directly or indirectly, the Software or any other technical data received from SONY, except as authorized by the laws and regulations of the jurisdiction in which you obtained the Software. Regardless of where you downloaded the Software, you agree that you will not export in any manner the Software without first obtaining all necessary approvals from the appropriate agencies in the United States and any other applicable countries.
You will fully comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Software and you will not infringe or violate any intellectual property rights or rights of privacy/publicity of SONY or any other third party. You indemnify and hold SONY and its licensors and their respective successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your failure to comply with this EULA or your violation of any law or the rights of any third party (including, but not limited to, those rights of Midway Home Entertainment Inc., Midway Games Ltd., and their licensors, including Epic Games, Inc.).
4. Termination. You may terminate this EULA at any time by destroying the Software (and related documentation, if any). If you fail to comply with any provision of this EULA, this EULA will terminate immediately without notice from SONY. SONY may terminate this EULA at anytime, with or without notice, and upon any termination, you must destroy the Software (and related documentation, if any).
5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply: The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.277-19, or in Clause 18-52.227-896(d) of the NASA Supplement to the FAR, as applicable. Contact: Sony Computer Entertainment America LLC, 919 East Hillsdale Boulevard, Foster City, California, 94404 USA.
6. DISCLAIMER OF SOFTWARE WARRANTIES. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS BEING PROVIDED TO YOU AS-IS WITHOUT ANY WARRANTY OF ANY KIND. SONY EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, (WHETHER IMPLIED BY STATUTE, COMMON LAW, CUSTOM OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BY NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SONY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, SONY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS RELIABILITY OR OTHERWISE. SONY (AND ITS LICENSORS) HAS NO EXPRESS OR IMPLIED OBLIGATION TO PROVIDE ANY TECHNICAL OR OTHER SUPPORT FOR THE SOFTWARE AND THE SOFTWARE IS SUPPLIED TO YOU WITH NO SUPPORT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) SHALL SONY OR ITS LICENSORS, MIDWAY HOME ENTERTAINMENT INC. (OR MIDWAY GAMES LTD.), EPIC GAMES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEE OR ASSIGNS, BE LIABLE FOR ANY LOSS OF DATA, PROFITS (EVEN IF ARISING IN THE NORMAL COURSE OF EVENTS) AND/OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SONY OR ITS LICENSORS, MIDWAY HOME ENTERTAINMENT INC. (OR MIDWAY GAMES LTD.), OR EPIC GAMES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS LIMITATION ALSO APPLIES TO CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Complete Agreement. This EULA constitutes the entire agreement between you and SONY with respect to the use of SONY’s Software and supersedes all prior or contemporaneous understandings or agreements, written or oral regarding your use of SONY’s Software. This EULA is governed by and will be construed according to the laws of the State of California, USA. Any dispute arising from this EULA will be brought in San Mateo County (State law) or in the Northern District of California (Federal law) and you hereby submit to the exclusive jurisdiction and venue of these courts for purposes of any action. If any portion of this EULA is determined to be invalid, the remainder of the EULA will continue in full force and effect.