NAMCO BANDAI GAMES AMERICA INC. TEKKEN 5: DARK RESURRECTION ONLINE GAME SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: THE ACCOMPANYING ONLINE GAME (WHICH INCLUDES COMPUTER SOFTWARE, THE 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 DOWNLOADING THIS ONLINE GAME, AND/OR INSTALLING OR OTHERWISE USING THE ONLINE GAME PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH NAMCO BANDAI. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS ONLINE GAME.
The interactive software entertainment product listed above (the "Online Game") is protected by the copyright laws of the United States, international copyright treaties, and conventions and other laws. The Online Game is licensed, and not sold, and this Agreement confers no title or ownership to the Online Game program or any copy thereof.

1. Limited Use License. NAMCO BANDAI grants you the non-exclusive, non-transferable, revocable, limited right and license to download and use one copy of the Online Game solely for your personal use on a single Sony PLAYSTATION3 computer entertainment system (the "Hardware"). To play the Online Game, you must have purchased the full game version of Tekken 5: Dark Resurrection Online, and all applicable or required Hardware and software to operate the Online 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 Online Game. Neither this Agreement nor use of the Online Game entitles you to any future releases of the Online Game, nor to any expansions, sequels, or similar or ancillary products.

2. Ownership. All intellectual property rights in and to the Online 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 paragraph 1 hereof.
You may not do any of the following:
  • Copy the Online Game except a single backup copy;

  • Sell, rent, lease, license, distribute or otherwise transfer or make the Online Game available to any other person, in whole or in part, or use the Online Game or any part thereof in any commercial context, including but not limited to use 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 Online Game may access the Online Game program. NAMCO BANDAI may offer a separate Site License Agreement to permit you to make the Online Game available for commercial use; see the contact information below;

  • Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Online Game, in whole or in part;

  • Remove, disable or circumvent any proprietary notices or labels contained on or within the Online Game; or

  • Export or re-export the Online Game or any copy or adaptation in violation of any applicable U.S. export restrictions or other laws or regulations.



3. Online Conduct. NAMCO BANDAI does not pre-screen all content that may be posted or online chat and does not assume any responsibility or liability for content that is generated by users in the Online 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 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: (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 immediately and without notice if you breach this Agreement or infringe 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 the Online Game.

You agree that you will be personally responsible for your use of the Online Game and for all of your communication and activity in the Online Game, including any content you contribute, and that you will indemnify and hold harmless NAMCO BANDAI, its parent, affiliates, and their respective employees, officers, and directors from any liability or damages arising from your conduct in the Online Game, including any content that you contribute.


You will violate this Agreement if you (or others using your account) do any of the following:
  • Post, transmit, promote, or distribute content that violates any law or regulation.

  • Harass, threaten, embarrass, or do anything else to another user that is unwanted.

  • Transmit 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.

  • Promote or encourage any illegal activity including hacking.

  • You violate any applicable laws, regulations and rules wherever you are using the Online 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.

  • You do anything that interferes with the ability of other users to enjoy playing the Online Game, in accordance with its rules, or that materially increases the expense or difficulty of NBGA in maintaining the Online Game for the enjoyment of all its users.



4. Limitation On Damages. 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, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE POSSESSION, USE OF OR INABILITY TO USE THE ONLINE GAME OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NAMCO BANDAI'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE ONLINE GAME.
NAMCO BANDAI AND ITS LICENSORS MAKE NO PROMISE OR WARRANTY THAT THE SOFTWARE OR ONLINE GAME WILL WORK PROPERLY. YOU ACKNOWLEDGE AND AGREE THAT NAMCO BANDAI IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ONLINE GAME, (2) ANY INCOMPATIBILITY BETWEEN THE ONLINE GAME, AND OTHER SERVICES, SOFTWARE AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ONLINE GAME IN AN ACCURATE OR TIMELY MANNER. THE SOFTWARE, THE ONLINE GAME AND ALL OTHER SERVICES ARE PROVIDED "AS IS." EXCEPT AS DESCRIBED HEREIN, NAMCO BANDAI AND OUR 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 the Online 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.

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 Game whenever you want, and there may be extended periods of time when you cannot access the Online Game.


5. Termination. Without prejudice to any other rights of NAMCO BANDAI, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Online Game and all of its component parts.

6. U.S. Government Restricted Rights. The Online Game and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software," 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 Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is NAMCO BANDAI Games America Inc., 4555 Great America Parkway, Suite 201, Santa Clara, California 95054.

7. Injunction. Because NAMCO BANDAI would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that NAMCO BANDAI 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.

8. Indemnity. You agree to indemnify, defend and hold NAMCO BANDAI, its 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 Online Game pursuant to the terms of this Agreement.

9. Miscellaneous. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California.


If you have any questions concerning this license, you may contact NAMCO BANDAI at 4555 Great America Parkway, Suite 201, Santa Clara, California 95054.


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