- READ CAREFULLY:
In the event that there is an inconsistency betweeen this EULA and the
English EULA, the English EULA will prevail.
This End User
License Agreement ("EULA") may be updated from time to time and the current
version will be posted at www. namcobandaigames.com. Your
continued use of this software 30 days after a revised version has been posted
constitutes acceptance by you of its terms.
Purchase and use of items are subject to the Network Terms of Service and
User Agreement. This online service has been sublicensed to you by Sony
Computer Entertainment America.
BANDAI GAMESÕ VIDEO GAME YOU HAVE PURCHASED (WHICH INCLUDES COMPUTER GAME,
MEDIA, AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO
YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN
YOU AND NAMCO BANDAI GAMES AMERICA INC. ("NAMCO BANDAI").
BY PLAYING THE VIDEO GAME (EITHER ON YOUR HOME CONSOLE OR IF APPLICABLE
ONLINE), AND/OR INSTALLING OR OTHERWISE USING THE GAME PROGRAM, YOU AGREE TO BE
LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH NAMCO BANDAI.
interactive Game entertainment product you purchased, including without
limitation any multi-player, online, or downloadable portions
thereof (the "Game") is
protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws.
The Game is licensed, and not sold, and this agreement confers no title
or ownership to the Game program or any copy thereof. In addition to the terms and conditions
hereof, when using particular portions of the Game, including without
limitation any multi-player, online, or downloadable content, you may be
subject to additional guidelines of third party service providers.
1. PRECONDITIONS OF THE LICENSE.
The grant of license as set forth in Section 2 below is specifically
conditioned upon the following:
a. You have accepted all of the terms
in this EULA, and any additional terms as may be applicable to the Game you are
playing, which is evidenced by your use of the Game;
b. You will comply with all of the
terms in this EULA until such time as you have completed and permanently
terminated your use of the Game by deleting all aspects of the Game from your
machine (e.g., account deletion, deletion of Game-related files, destruction of
the physical media on which the copy of the Game in your possession exists,
c. You will use the Game only on a
single home video game entertainment system, running validly licensed copies of
operating systems on which the Game was designed to operate (the "Hardware"); and
d. You will refrain from using any
hacks, cracks, bots, or third party Game which may modify, temporarily or
permanently, the code or the user experience of the Game, whether on your local
machine or on servers which enable use of any features of the Game.
2. Limited Use License. NAMCO BANDAI grants you the
non-exclusive, non-transferable, revocable, limited right and license to use
one copy of the Game solely for your personal use with the Hardware. Commercial use of the Game is
prohibited. To play the Game and/or
access any online content related to the Game, you must have legally purchased
the Game, and all applicable or required Hardware and/or third party game to
operate the Game and/or access any online, multi-player or download portion of
the Game (which we do not provide).
You are responsible for paying all fees and taxes for any Hardware and
other costs you may incur to access the Game, including internet service or
other third party charges required to access any multi-player, online or
downloadable portions of the Game (if applicable). Neither this agreement nor use of the
Game entitles you to any future releases of the Game, nor
to any expansions, sequels, or similar or ancillary products. NAMCO BANDAI may,
in its sole discretion, change, modify, suspend, or discontinue the Game or any
aspect of the Game at any time. NAMCO BANDAI may also impose limits on certain
features or restrict your access to parts or all of the Game without notice or
liability. You have no interest, monetary or otherwise, in any feature or
content contained in the Game. You understand that the Game is provided by
NAMCO BANDAI at its discretion and may be terminated or otherwise discontinued
by NAMCO BANDAI at any time without notice.
3. Ownership. All intellectual
property rights in and to the Game (including but not limited to video, audio
and other content incorporated therein or later downloaded) and title to any
and all copies thereof are owned by NAMCO BANDAI or its licensors, and
you receive no right or interest therein other than the limited license in Section
You may not do any of the following:
- Copy the Game except a single backup copy;
- Sell, rent, lease, license,
distribute or otherwise transfer or make the Game available to any other
person, in whole or in part, or use the Game or any part thereof in any
commercial context, including but not limited to use on a commercial website,
or in a service bureau, "cyber cafe", computer gaming center or any
other commercial location in which multiple users who have not each separately
purchased the Game may access the Game program. NAMCO BANDAI may offer a separate site license
agreement to permit you to make the Game available for commercial use; see the
contact information below;
- Reverse engineer, derive source
code, modify, decompile, disassemble, or create derivative works of the Game or
any online portion thereof, in whole or in part;
- Remove, disable or circumvent any
proprietary notices or labels contained on or within the Game or any online
portion thereof; or
- Export or re-export the Game or any
copy or adaptation in violation of any applicable U.S. export restrictions or
other laws or regulations.
4. SECURITY MEASURES/PROTECTIONS.
security measures may be required in order for you to make full use of the
Game, including without limitation the requirement to register the Game with a
serial code, the requirement to have continual access to the Internet; and/or
the acceptance of security/digital rights management features. Failure to accept the security measures
may partially or completely impair your use of the Game.
5. Online Conduct.
5.1 NAMCO BANDAI does not
pre-screen content that may be posted or online chats and does not assume any
responsibility or liability for content that is generated by users in
connection with the Game. NAMCO
BANDAI does not assume any liability for any failure to remove, or any delay in
removing, content. However, we reserve the right to remove or request that the
third party service provider remove content that is objectionable to us for any
reason. This determination is in our sole discretion and is final. If NAMCO BANDAI objects to content that
you created, NAMCO BANDAI may in its sole discretion (either itself or if
applicable by request to the third party service provider): (i) remove content;
(ii) give warnings; (iii) restrict your access when you break the rules; or
(iv) suspend or terminate your use without any notice to you. In addition, NAMCO BANDAI, may, in its
sole discretion, terminate this agreement, in part, immediately and without
notice if your online conduct breaches this agreement or infringes any third
party intellectual property rights, or if we are unable to verify or
authenticate any information you provide to us. If we terminate this agreement under
these circumstances, you will lose access to any online portions of the
5.2 You agree that you will be
personally responsible for your use of the Game, and for all of your
communication and activity in connection with Game, including any content you
contribute, and that you will indemnify and hold harmless NAMCO BANDAI, its licensors
and each of their respective parents, affiliates, and subsidiary companies and
the employees, officers, and directors of each from any liability or damages
arising from your conduct in the connection with the Game.
5.3 You will violate this EULA if you (or others using your online account)
do any of the following:
- Post, transmit, promote, or distribute content that violates any law or regulation.
threaten, embarrass, or do anything else to another user that is unwanted.
or facilitate distribution of content that is harmful, abusive, racially or
ethnically offensive, vulgar, sexually explicit, defamatory, infringing,
invasive of personal privacy or publicity rights, or in a reasonable person's
view, objectionable. Hate speech is not tolerated.
or encourage any illegal activity including hacking.
any applicable laws including but not limited to copyrights and trademarks,
regulations and rules wherever you are using the Game. This includes rules for
use of third-party technology and content, rules of interactive service
providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse.
anything that interferes with the ability of other users to enjoy playing the
Game in accordance with its rules, or that materially increases the expense or
difficulty of NAMCO BANDAI, or the third party service provider (if
applicable), in maintaining the Game for the enjoyment of all its users.
disconnecting from the network during online play, or allowing yourself to be defeated by a given player repeatedly to help
boost their rankings or win counts.
6. USER-GENERATED CONTENT.
exchange for use of the Game, and to the extent that your contributions through
use of the Game give rise to any copyright interest, you hereby grant NAMCO
BANDAI an exclusive, perpetual, irrevocable, royalty-free, fully transferable
and sub-licensable worldwide right and license to use your contributions in any
way and for any purpose in connection with the Game and related goods and
services including the rights to reproduce, copy, adapt, modify, perform, create
derivative works from, display, publish, broadcast, transmit, or otherwise use,
distribute, exploit and communicate to the public by any and all means and
media whether now known or hereafter devised without any further notice or
compensation of any kind to you for the whole duration of protection granted to
intellectual property rights by applicable laws and international conventions.
To the extent permitted by applicable law, you hereby waive any moral rights of
paternity, publication, reputation, or attribution with respect to NAMCO
BANDAIÕs and other playersÕ use and enjoyment of such assets in connection with
the Game and related goods and services under applicable law. The license grant to NAMCO BANDAI, and
the above waiver of any applicable moral rights, survives any termination or
revocation of this EULA.
7. Limitation On Damages.
7.1 TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL NAMCO BANDAI, ITS PARENT, SUBSIDIARIES,
SUPPLIERS OR LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONTRACTORS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE
OF OR INABILITY TO USE THE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF
THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT,
NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY
INFRINGEMENT, OR ANY OTHER THEORY. IN
ANY CASE, NAMCO BANDAI'S AND ITS LICENSORSÕ ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE GAME.
7.2 NAMCO BANDAI AND ITS LICENSORS
MAKE NO PROMISE OR WARRANTY THAT THE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT NAMCO
BANDAI AND ITS LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR
OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE GAME, (2) ANY
INCOMPATIBILITY BETWEEN THE GAME, AND OTHER SERVICES, GAME AND HARDWARE, OR (3)
ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR
COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE GAME IN AN
ACCURATE OR TIMELY MANNER. THE GAME,
AND ALL OTHER SERVICES ARE PROVIDED "AS IS." EXCEPT AS DESCRIBED HEREIN OR IN OUR
LIMITED WARRANTY ACCOMPANYING THE GAME, NAMCO BANDAI AND ITS LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAMCO BANDAI does not ensure continuous,
error free, secure or virus-free operation of any online, multi-player or
downloadable portions of the Game or continued operation or availability of any
given server. Some states do not
allow limitations as to how long an implied warranty lasts and/or exclusions or
limitations of consequential damages, so the above limitations and/or
exclusions of liability may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights which
vary from state to state.
7.3 NAMCO BANDAI is not liable for
any delay or failure to perform resulting from any causes beyond our reasonable
control. Further, NAMCO BANDAI
cannot and does not promise or ensure that you will be able to access the
online, multi-player or downloadable portions of the Game whenever you want,
and there may be extended periods of time when you cannot access such portions
of the Game.
8. Termination/SUPSENSION OF POINTS. Without prejudice to any other rights of
NAMCO BANDAI, if you fail to comply with the terms and conditions of this
agreement, including but not limited to carrying out the violations named in
Section 5.3 of this EULA, NAMCO BANDAI shall have the right, at its sole
discretion, to either terminate or suspend immediately this EULA or decrease
your allocation of awarded points without notice. You have no property or
ownership interest in points awarded through the Game. If NAMCO BANADAI
terminates this EULA or suspends your access to the Game under these
circumstances, you will: (i) lose access to the Game upon termination and/or for
the duration of the suspension and/or (ii) lose the balance of any money and/or
credits that may be in your account.
In the event the agreement is terminated, you must destroy all copies of
the Game and all of its component parts.
9. Privacy. NAMCO BANDAI
respects your privacy rights and is committed to protecting your personal
information. Any personal
information supplied by you to NAMCO BANDAI online or via any NAMCO BANDAI
online services, such as online play or the downloading and uploading of
content, NAMCO BANDAI and its affiliates may also collect, use, store, transmit
and publicly display statistical data regarding game play (including scores,
rankings and achievements), or identify content that is created and shared by
you with other players.
10. U.S. Government Restricted
Rights. The Game and
documentation have been developed entirely at private expense and are provided
as "Commercial Computer Game" or "restricted computer
Game," use, duplication or disclosure by the U.S. Government or a U.S.
Government subcontractor is subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Game
clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of
the Commercial Computer Game Restricted Rights clauses at FAR 52.227-19, as
Contractor/Manufacturer is NAMCO BANDAI Games America Inc., 1740 Technology
Drive, Suite 600, San Jose, CA 95110.
11. Injunction. Because NAMCO BANDAI would be
irreparably damaged if the terms of this agreement were not specifically
enforced, you agree that NAMCO BANDAI and/or its licensors shall be entitled,
without bond, other security or proof of damages, to appropriate equitable
remedies with respect to breaches of this agreement, in addition to such other remedies
as NAMCO BANDAI may otherwise have under applicable laws.
12. Indemnity. You agree to indemnify, defend and hold
NAMCO BANDAI, its licensors and each of their respective partners, affiliates,
contractors, officers, directors, employees and agents harmless from all
damages, losses and expenses arising directly or indirectly from your acts and
omissions to act in using the Game pursuant to the terms of this agreement.
13. BINDING ARBITRATION. Except for any action by NAMCO BANDAI seeking
injunctive relief with respect to any violation of NAMCO BANDAIÕs intellectual
property rights by you (including in connection with any use by you of the Game
in an authorized manner), any dispute between you and NAMCO BANDAI involving
this agreement shall be settled by binding arbitration in accordance with the then-in-effect
Comprehensive Arbitration Rules and Procedures of JAMS (the "Rules") which can be found at
http://www.jamsadr.com. The venue
of the arbitration and any related proceedings shall
be located in Santa Clara County, California or the largest metropolitan area
that is within one hundred and fifty (150) miles of the party initiating the
arbitration. If you initiate an
arbitration proceeding against NAMCO BANDAI you will be required to pay a
portion of the JAMS fee up to two hundred and fifty dollars ($250). If NAMCO BANDAI initiates an arbitration
proceeding against you the JAMS fees will be paid by
NAMCO BANDAI. There shall be a panel
of three neutral arbitrators, selected in accordance with the Rules. Any unresolved discovery disputes may be
brought to and disposed of by the chair of the arbitration panel. Disputes with respect
to the admission, rejection and consideration of evidence shall be governed by
the Federal Rules of Civil Procedure and applicable Federal law. The arbitration panel shall choose
California law as the applicable substantive law and its award and decision
shall conform to such law. The
decision and award of the arbitration panel may be by majority. The arbitration award and decision shall
be in writing and shall specify the factual and legal bases for the award and
decision. Except where prohibited
by law, the arbitrators may award the arbitratorsÕ and administrative fees and
out-of-pocket expenses to the prevailing party. The arbitrator(s) shall have no
authority to resolve any claims on a class or representative basis; the
arbitrator(s) may not consolidate or join the claims of other persons or
parties who may be similarly situated; and the arbitrator(s) shall not have the
power to award punitive damages against any party. The prevailing party may enforce the
award and decision in any court of competent jurisdiction.
14. GOVERNING LAW; Miscellaneous. Any dispute not subject to arbitration
(other than claims proceeding in any small claims court), or where no election
to arbitrate has been made, shall be decided by a court of competent
jurisdiction within the County of Santa Clara, State of California, United
States of America, and you and NAMCO BANDAI agree to submit to the personal
jurisdiction of that court. Except as otherwise set forth herein, this EULA
shall be governed by, and will be construed under, the laws of the United
States of America and the law of the State of California, without regard to
choice of law principles. The UN Convention on Contracts for the International
Sale of Goods is expressly disclaimed. If any term or provision of this agreement
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall remain in effect and be enforced as if the invalid or unenforcable
provision were not contained herein.
NAMCO BANDAIÕs failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or similar
breaches. You may not assign or
transfer this agreement or your rights hereunder, and any attempt to the
contrary is void. This agreement
sets forth the entire understanding and agreement between NAMCO BANDAI and you
with respect to the subject matter hereof.
content, Games, and products, and may be incorporated in to additional Game-specific
shall control (unless specifically stated otherwise in the Game-specific terms
If you have
any questions concerning this license, you may contact NAMCO BANDAI customer
service at www.namcobandaigames.com or NAMCO BANDAI Games America Inc., 1740
Technology Drive, Suite 600, San Jose, California 95110.