THIS
SOFTWARE IS LICENSED, NOT SOLD. Sega Corporation and its affiliated companies
(collectively, "SEGA" or "We") reserves all rights not expressly
granted to you. The product that is subject to this license is referred to in
this license as the "Game Software." If
you have any questions about this agreement, you can reach SEGA at 350 Rhode
Island Street, Suite 400, San Francisco, CA 94103, USA, Attn. Legal
Department. This
is a legal agreement between you and SEGA. Please review this End User
License Agreement ("Agreement") carefully before installing,
accessing or utilizing the game you have just purchased ("GAME
SOFTWARE") and please inquire about anything you do not understand. If
you are not eighteen (18) years of age, have your parents review this
Agreement. By installing, copying and/or otherwise using the Game Software
you are signifying your acknowledgement, acceptance and agreement to this
Agreement. IMPORTANT
- READ CAREFULLY: BY INSTALLING, COPYING AND/OR OTHERWISE USING THIS GAME
SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE TERMS
SET FORTH BELOW. THE "GAME SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED
WITH THE VIDEO GAME, THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT
REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT DISTRIBUTED WITH A SEPARATE
LICENSE, THE ASSOCIATED MEDIA, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE
OF THE VIDEO GAME, ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC
DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. THE
AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT WWW.SEGA.COM/LEGAL,
INCORPORATES THE SEGA PRIVACY POLICY (PUBLISHED AT WWW.SEGA.COM/LEGAL/PRIVACY).
BY OPENING THE GAME SOFTWARE, INSTALLING, AND/OR USING THE GAME SOFTWARE AND
ANY OTHER MATERIALS INCLUDED WITH THE GAME SOFTWARE, AND ANY UPDATES AND
UPGRADES THERETO, YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH SEGA.
THE AGREEMENT APPLIES TO ALL USERS OF THE GAME SOFTWARE, INCLUDING USERS WHO
ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR
SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT
PERMITTED TO INSTALL, COPY OR OTHERWISE USE THE GAME SOFTWARE. YOUR REMEDY
FOR DISSATISFACTION WITH THE GAME SOFTWARE OR ANY PRODUCTS, CONTENT, OR OTHER
INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING THE GAME SOFTWARE.
YOUR AGREEMENT WITH SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE GAME SOFTWARE. IF
YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR
USE THE GAME SOFTWARE, AND SEGA SHALL NOT GRANT TO YOU THE LICENSE TO INSTALL
AND USE THE GAME SOFTWARE. |
This
game has not been sold to you, only licensed. By
installing or using the game software, you are acknowledging your acceptance
of this agreement. By
using this game, you agree to be bound by the terms and conditions set by
this agreement. If
you do not agree with the terms and conditions of this agreement, you are not
allowed to install or use the game software. If
you are dissatisfied with the game product or any related software, your only
option is to stop using the game software. |
1.
USER'S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS The
Game Software is offered subject to your compliance with all of the terms and
conditions contained herein and all other operating rules, policies and
procedures. In addition, some applications offered through or in connection
with the Game Software may be subject to additional terms and conditions
promulgated by SEGA from time to time. Any material modifications to the
Agreement will also be brought to your attention by posting onWWW.SEGA.COM/LEGAL.
Such material modifications will be effective immediately, and will apply to
disputes arising under the Agreement from the date of posting forward. Your
continued use of the Game Software after a modification has been made to the
Agreement constitutes your acceptance of such modification. |
The
game software is offered to you in the belief that you will comply with the
terms and conditions. Any
changes to the agreement will be notified to you. If
you continue to use the game software after a modification has been made to
the agreement, it will be considered as an acceptance of the modified
agreement. |
2.
LIMITED USE LICENSE Subject
to your compliance with the terms and conditions of the Agreement, SEGA
hereby grants you a non-exclusive, non-transferable, limited right and
license to install and use one (1) copy of the Game Software solely and
exclusively for your personal and non-commercial use. This Agreement shall
also apply to any patches or updates you may obtain for the Software. IN
ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR
PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF
REPRODUCTION OF THE GAME SOFTWARE OR RELATED INFORMATION, MATERIALS OR OTHER
CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION,
COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY
PROHIBITED. This license 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. All rights not
specifically granted under this Agreement are hereby reserved by Sega and, as
applicable, by its licensors. |
The
license that has been granted to you is – non exclusive, non transferable,
limited in right and for installing of only one copy of the game software. It
should be used for personal and non commercial purposes. Duplication,
Copying or Reproduction of the game in any form or manner is explicitly
prohibited. This
does not give you ownership of the game software. |
3.
NO RIGHT TO OWNERSHIP YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN THE GAME SOFTWARE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL
SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF
SEGA. Except as expressly licensed to you herein, all right, title, and interest
in and to the Game Software and any and all associated copyrights, trademarks
and intellectual properties therein and/or related thereto and all copies
thereof (including, but not limited to, any patches, updates, copies,
derivative works, titles, computer code, themes, objects, characters,
character names, stories, dialogs, catch phrases, locations, concepts,
artwork, images, animation, sounds, musical compositions, audio-visual
effects, text, methods of operation, moral rights, "applets"
incorporated into the Game Software, and any related documentation) are owned
by SEGA or SEGA's licensors. The
Game Software is protected by the copyright laws of the United States,
international copyright treaties and conventions, and other laws. All rights
are reserved. The Game Software contains certain licensed materials, and Sega
and Sega's licensors may protect their rights in the event of any violation
of this Agreement. |
You
agree that you will not have any ownership over the game software and that
all such rights will always stay with SEGA only. All
the components of the game software are owned by SEGA and its licensors. The
game software is protected by copyright laws of the United States,
international copyright treaties and conventions. |
4.
NO SALE OR ASSIGNMENT SEGA
does not recognize the transfer of the Game Software. Therefore, you may not
give, purchase, sell, bargain, barter, market, trade, offer for sale, sell,
license, assign or otherwise divest your rights, responsibilities or
obligations under the Agreement, either in whole or in part, without the
prior written consent of SEGA. Any attempt to do so shall be void and of no
effect. |
SEGA
has not transferred the game software to you and therefore, you cannot give,
purchase, sell, bargain, barter, market, trade or offer it to sell, license
or assign the product without prior written consent from SEGA. |
LICENSE
CONDITIONS You
agree to only use the Game Software, or any part of it, in a manner that is
consistent with this Agreement, and you SHALL NOT: (a)
exploit the Game Software or any of its parts commercially, including, but
not limited to, at a cyber (Internet) café, computer gaming center or any
other location-based site; (b)
use the Game Software or permit the use of the Game Software, on more than
one computer, game console, mobile device, handheld device or PDA at the same
time; (c)
use the Game Software, or permit use of the Game Software, or make the Game
Software available for use in a network, multi-user arrangement, remote
access arrangement, including where it could be downloaded by multiple users; (d)
sell, rent, lease, license, distribute or otherwise transfer this Game
Software or any copies; (e)
reverse engineer, derive source code, modify, decompile, disassemble, copy,
or create derivative works of the Game Software, in whole or in part (except
as the applicable law expressly permits, in which case all and any
modifications, adaptations, copies, improvements, etc. shall belong to, vest
in and be the exclusive property of Sega and/or its licensors on creation, in
any event); (f)
remove, disable or circumvent any security protections, proprietary notices
or labels contained on or within the Game Software; (g)
export or re-export the Game Software or any copy or adaptation in violation
of any applicable laws or regulations; (h)
create data or executable programs which mimic data or functionality in the
Game Software unless provided for in Section 5(i) below; or (i)
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. Furthermore,
you agree that you shall abide by the safety information, maintenance
instructions or other relevant notices contained in the manual or other
documentation accompanying the Game Software. |
You
agree to use this game in consistency with the terms in the agreement. (b)
use or allow the use of game on more than one device at the same time (c)
use or make available the game on a network where it is accessible to multiple users. (d)
in any way, distribute or transfer this game or its copies (e)
reverse engineer, modify, disassemble, copy, or derive works from the game
(either in whole or in part) unless the law expressly permits it. If the law
permits it expressly, all rights shall belong to and be an exclusive property
of SEGA. (f)remove,
disable or deceive any security protections, notices or labels in the game. (g)export
or re-export the game or its copies in violation of any applicable laws. (h)create
any data or programs that mimic data or functions of the game unless provided
for; or does any of the following: (i)
use “level editor” parts of the game to construct new variations which may
lead to any of the following: (i)
may be used for anything apart from the game. (ii)
modify an executable file. (iii)
make available any libellous, defamatory, or illegal material that is
scandalous or violates rights of a third party. (iv)use
trademarks or copyright or intellectual property rights of any third party. (v)used
commercially by you in any manner. You
will yourself be liable for any claims by third party arising out of your
usage of the level editor. |
DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT
THE USE OF THE GAME SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND GAME SOFTWARE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SEGA HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME SOFTWARE, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE GAME
SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE GAME SOFTWARE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE GAME SOFTWARE WILL BE
INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE GAME SOFTWARE WILL BE EFFECTIVE, ACCURATE
OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS
AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE
FUTURE THE GAME SOFTWARE MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO
UPDATE SUCH GAME SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS
SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE GAME
SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE GAME SOFTWARE OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION
WITH THE GAME SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SEGA
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED
IN THE GAME SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART
OF THE GAME SOFTWARE FOR ANY PURPOSE. THE GAME SOFTWARE, INFORMATION AND
RELATED GRAPHICS PUBLISHED AS PART OF THE GAME SOFTWARE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary
interruptions of the Game Software may occur as normal events. You further
understand and agree that we have no control over third party networks you
may access in the course of the use of the Game Software, and therefore,
delays and disruption of other network transmissions are completely beyond
SEGA's control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH SEGA IS TO STOP USING THE GAME SOFTWARE. IN NO CASE SHALL ANY
LIABILITY OF SEGA TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SEGA OR ITS
AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE GAME SOFTWARE GIVING RISE TO
ANY SUCH LIABILITY. IN NO EVENT SHALL SEGA OR ITS AFFILIATES BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THE GAME SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR
PERSONAL INJURIES, EVEN IF SEGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Residents of California are
entitled to the following specific consumer rights information: you may
contact the Complaint Assistance Unit of the Division of Consumer Software of
the Department of Consumer Affairs by mail at 400 R St., Suite 1080,
Sacramento, California, 95814, or by telephone at 916.445.1254. California
residents expressly agree to waive California Civil Code Sec. 1542, which
states: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement
with the debtor." |
You
agree that you are using the game software at your own risk. This
software is provided without any warranty or conditions, either express or
implied. SEGA
also does not make any warranty that : (A) the game software will meet your
requirement (B)
the game software will be uninterrupted, secure or error free. (C)
the game will be compatible with other software. (D)
the results arising out of the usage of the game software will be effective. SEGA
makes no commitment of any kind that it will update the game when it goes out
of date. You
agree that SEGA will not be liable for any injury or damage caused in any way
possible by the Game software. The
use of the game software, downloading of additional online content is done at
your own risk and you absolve SEGA of any liability arising from such action. You
agree and acknowledge that temporary interruptions in game software are
normal. You
also understand that third party software is beyond SEGA’s controls and so
are its disruptions and interruptions. Your
only remedy to any dispute with SEGA is to stop using this software. In case
of any liability, SEGA’s liability will never exceed the amount paid by you
to acquire the game’s license. In
no event will SEGA or any of its affiliates be liable for any punitive,
special, incidental, direct or consequential damages arising from use of this
product and you agree to the same. |
7.
INDEMNIFICATION Upon
a request by SEGA, you agree to defend, indemnify, and hold SEGA and its
affiliates harmless from all liabilities, claims, losses, costs and expenses,
including attorney's fees, that arise from (a) your use of, or activities in
connection with the Game Software; (b) any violation of the Agreement by you;
or (c) any allegation that any content that you make available via the Game
Software infringes or otherwise violates the copyright, trademark, trade
secret, privacy or other intellectual property or other rights of any third
party. SEGA reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you, in which event you will cooperate with SEGA in asserting any available
defenses. |
You
agree to hold SEGA and its affiliates harmless from all liabilities and costs
arising from: |
8.
E-MAIL, MESSAGING, BLOGGING AND CHAT SEGA
may make email, messaging, blogging, or chat (collectively,
"Communication Software") available through the Game Software,
either directly or through a third-party provider. SEGA is not responsible
for communications made by other users via the Communication Software. We are
not responsible for communications made by you via the Communication
Software. You acknowledge and agree that your communications made via the
Communication Software are public and not private communications and that you
have no expectation of privacy concerning your use of the Communication
Software. You acknowledge and agree that personal information that you
communicate via the Communication Software may be seen and used by others and
may result in widespread distribution of such information. We strongly
encourage you not to disclose any personal information in your public
communications via the Communication Software unless you wish such
information to be made permanently available to the public. |
SEGA
is not responsible for the communication between its users via its e-mail,
messaging, blogging or chatting features. You
agree that personal information that you communicate via the Communication
Software may be seen and used by others and might result in widespread
distribution of it. |
9.
INTERNATIONAL USE Although
the Game Software may be accessible worldwide, we make no representation that
the Game Software or related materials are appropriate or available for use
in locations outside the United States, and accessing them from territories
where the content is illegal is prohibited. Those who choose to access the
Game Software from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local laws
are applicable. Any offer and/or information made in connection with the Game
Software is void where prohibited. Without limiting the foregoing, the Game
Software may not be exported or re-exported (a) into (or to a national
resident of) any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person's List or Entity List. By accessing and
using the Game Software, you represent and warrant that you are not located
in, under control of, or a national resident of any such country or on any
such list. |
The game software may
be accessible worldwide, but this is not be circulated in countries which are
embargoed by the United States. Those who access it from countries where it
is illegal do so on their own risk. This may not be made
available to any person who is: (b) On the US
Treasury’s list of specially designated nationals or the US Dept of
Commerce’s Denied Persons List/Entity. |
10. TERMINATION
AND SURVIVABILITY OF TERMS The
Agreement set forth herein continue to remain in full force and effect until
such time as terminated by either party. You agree and acknowledge that you
are not entitled to any refund for any amounts which were paid to SEGA prior
to any termination. You retain full discretion to end or terminate your
account, if applicable, and discontinue use of the Game Software at any time,
pursuant to the terms of this Agreement. Without prejudice to any other
rights of SEGA, this Agreement shall terminate automatically if you fail to
comply with its terms and conditions. Upon termination, you must destroy all
copies of the Game Software. The provisions of Sections 3, 4, 6, 7, 8, 10, 11
and 12 shall survive any termination of this Agreement. |
This agreement will
continue to be valid until terminated by either of the concerned parties.
Upon termination, you agree to delete all available copies of the game and
stop use of the game software. You shall not be entitled to any refunds from
SEGA. Sections 3, 4, 6, 7,
8, 10, 11 and 12 will survive any termination of this agreement. |
11.
INJUNCTION Because
SEGA would be irreparably damaged if the terms of this Agreement were not
specifically enforced, you agree that SEGA shall be entitled, without bond or
other security or proof of damages, to 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. |
You agree that SEGA
will be entitled, without a bond or proof of damages, to take action as may
be required in case of the agreement not being specifically enforced. |
12.
MISCELLANEOUS This
Agreement represents the complete agreement between you and SEGA concerning
the Game Software and supersedes all prior agreements and representations,
warranties or understandings between you and SEGA (whether negligently or
innocently made but excluding those made fraudulently), regarding the same
subject matter. SEGA reserves the right to amend this Agreement at any time,
at its sole discretion. If any part of the Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Agreement shall continue in
effect. Any failure by us to enforce or exercise any provision of the
Agreement or related rights shall not constitute a waiver of that right or
provision. SEGA
may assign this Agreement, in whole or in part, at any time. Notwithstanding,
you may not assign, transfer or sublicense any or all of your rights or
obligations under the Agreement without SEGA's express prior written consent.
SEGA's performance of the Agreement is subject to existing laws and legal
process, and nothing contained in the Agreement is in derogation of SEGA's
right to comply with governmental, court, and law enforcement requests or
requirements relating to your use of the Game Software or information
provided to or gathered by SEGA with respect to such use. In addition to any
excuse provided by applicable law, we shall be excused from liability for non-delivery
or delay in delivery of the Game Software arising from any event beyond our
reasonable control, whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, terrorism, fire, denial of service
attack, internet outages, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or events
beyond our reasonable control, whether or not similar to those which are
enumerated above. The parties agree that all correspondence relating to this
Agreement shall be written in the English language. |
This agreement
represents the full and complete agreement between you (user) and SEGA
concerning the game and this will supersede any prior agreement or warranty
or understanding between the two parties mentioned above. SEGA has the right to
amend this agreement anytime it wishes to at its discretion. If any part of this
agreement cannot be enforced or followed due to statutes or laws then a
modified clause most resembling the earlier one shall be made; the rest of
the agreement will continue in effect. You may not assign
your rights to a third party without prior written consent from SEGA, however
SEGA can do so. |