[BENCHMARK SOFTWARE LICENSE AGREEMENT]
LOCAL LAWS IN YOUR RESPECTIVE JURISDICTION MAY REQUIRE THAT YOU ARE OF A CERTAIN AGE IN ORDER TO ENTER INTO CERTAIN LEGALLY BINDING ARRANGEMENTS SUCH AS THE TERMS OF THIS AGREEMENT. IN THE EVENT THAT YOU ARE UNDER THE REQUIRED AGE, YOU MAY NOT CONTINUE TO USE THE GAME.
BENCHMARK SOFTWARE LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING OR INSTALLING THIS BENCHMARK SOFTWARE (“SOFTWARE”) PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. BY INSTALLING, OPENING, COPYING AND/OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA CORPORATION AND ITS AFFILIATED COMPANIES (“SEGA”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE PROGRAM.
- Agreement and Conditions of Use.
1.1. You must accept this Agreement in order to access the Software and play the Game.
1.2 Local laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this Agreement. In the event that you are under the required age. Local laws may also require that children under a certain age are supervised during their use of the Game. By installing the Software , you warrant that You are old enough to use the Game without supervision. If You are under the required age, Your parent or legal guardian warrants that they are supervising and monitoring your use of the Game at all times.
1.3 This Game may not be appropriate for children under a certain age. Where possible, SEGA shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and SEGA shall not be liable in the event that You deem such material to be inappropriate for the age rating in all the circumstances.
- Grant of a Limited Use License. SEGA hereby grants, and by installing the Software You thereby accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy [MS1] of the Software for evaluating performance of Software on Your computing device or hardware which You own or are under Your personal control.
- Ownership. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE GAME AND 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. All title, ownership rights and intellectual property rights in and to the Game and Software, and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, storylines, character likeness and "applets" incorporated into the Game) and Confidential Information are owned or licensed by SEGA. The Game and Software are protected by any relevant copyright laws, international copyright treaties and conventions and other laws. All rights not expressly granted by SEGA under this Agreement are reserved by SEGA. The Game and/or Software may contain certain third party licensed materials and licensors of those third party materials may enforce their rights in the event of any violation of this Agreement by You.
- Responsibilities of You.
(a) Subject to the Grant of License herein, You may not, in whole or in part, copy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices on or in the Software. Failure to comply with the restrictions and limitations contained in this Section 5 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
(b) You agree that You shall not, under any circumstances:
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorised herein, nor shall You rent, lease or license the Software;
(ii) transfer, sell or disclose to any person or entity other than SEGA any CD-key, serial number, activation code, or other unique identifier or means of authentication provided to You by SEGA;
(iii) exploit the Game, or any of its parts, including but not limited to the Software, for any commercial purpose including, but not limited to, use at a cyber café, computer gaming center or any other location-based site;
(iv) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by SEGA in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to unauthorised network play over the Internet, network play utilising commercial or non-commercial gaming networks or as part of content aggregation networks; or
(v) create or maintain, under any circumstance, any unauthorised connections to the Game or the Software. All connections to the Game, whether created by the Software or by other tools and utilities, may only be made through methods and means expressly approved by SEGA and/or its third party licensors with respect to the Game (if any). Under no circumstances may You connect, or create tools that allow You or others to connect, to the Game's interface or interfaces other than those expressly provided for public use.
(c) You agree that any unauthorised use or disclosure of the Confidential Information shall cause SEGA irreparable harm for which its remedies at law would be inadequate. Accordingly, You agree that SEGA, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement, You shall notify SEGA in writing immediately if You have reason to believe that any person who has had access to the Confidential Information has violated or intends to violate the terms of this Agreement or otherwise disclose any of the Confidential Information in violation of the terms hereof. Any and all remedies herein expressly conferred upon SEGA will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity, and the exercise by SEGA of any one remedy will not preclude the exercise of any other remedy.
5. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software from Your hard drive. SEGA may terminate this Agreement at its sole discretion for any reason or no reason. In such event, You must immediately destroy the Game and remove the Software from Your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
6. Export Controls. The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which (i)the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders and (ii) the export control regulations of Japan prohibits any such export. If You do not meet these criteria or are not sure, do not install the Software. If You live in such a country, no license is granted hereunder.
7. Patches and Updates. SEGA may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to play the Game. SEGA may update the Software remotely, including without limitation the Software residing on the user's machine, without the knowledge or consent of the user, and You hereby grant to SEGA Your consent to deploy and apply such patches, updates and modifications to the Game.
8. Limited Warranty. THE GAME, SOFTWARE AND DOCUMENTATION(S) ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME, SOFTWARE AND DOCUMENTATION(S) REMAINS WITH THE USER. 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 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 AND SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE GAME AND SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME AND SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORISED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. NEITHER SEGA, NOR ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE GAME AND/OR YOUR INSTALLING SOFTWARE. IN NO EVENT SHALL SEGA 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 YOUR USE OF THE SOFTWARE AND/OR RUNNING THE 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. Some countries and/or states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
As for questions, comments and requests regarding the data we collect, please contact us at our website at https://pso2.com. You can also contact our Data Protection Officer at firstname.lastname@example.org
11. Equitable Remedies. You hereby agree that SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore You agree that SEGA 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 SEGA may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
12. Indemnity. At SEGA's request, You agree to defend, indemnify and hold harmless SEGA, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this Agreement or any breach of this Agreement by You. SEGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
13. Open Source Software. The Game Software includes AND/OR uses open source software (“OSS”) and Third Party Software (“TPS”). You agree to be bound by those licence terms in respect of the OSS and TPS contained in the Software.
14. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and SEGA. It can be modified at any time by SEGA at its sole discretion. 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. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of SEGA, its agents, or employees, but only by an instrument in writing signed by an authorised officer of SEGA. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. This Agreement shall be construed under laws of Japan, and You consent to the exclusive jurisdiction of the courts in Tokyo, Japan. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, 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 remaining provisions of the Agreement shall remain in full force and effect. You may contact SEGA our website at https://pso2.com or at the following address:
By email at: email@example.com
By writing to us at:
Sega of America, Inc.
Attn: Department of Legal & Business Affairs
6400 Oak Canyon, Suite 100
Irvine, CA 92618, US
You can also contact our Data Protection Officer at firstname.lastname@example.org
I agree to the Terms and Conditions above.
Windows 8.1 64bit or Windows 10 64bit
Available HDD Space
・ Measurement Result is an indicator, not as guarantee of PSO2:NGS operation.
・ Please use “PSO2:NGS Character Creator" only after agreeing to the license agreement.
・ Regarding of PSO2:NGS Character Creator information disclosure, please read the following Copyright and Usage Guidelines of PSO2:NGS Character Creator carefully and handle information in accordance with the guidelines.COPYRIGHT AND USAGE GUIDELINES