LICENSE AGREEMENT
PLEASE READ THE FOLLOWING LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING THE PHANTASY STAR UNIVERSE COMMUNITY FANSITE KIT. BY DOWNLOADING, COPYING, AND/OR OTHERWISE USING THE PHANTASY STAR UNIVERSE COMMUNITY FANSITE KIT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SEGA CORPORATION OF 1-2-12, HANEDA, OHTA-KU, TOKYO, 144-8531 JAPAN AND ITS AFFILIATED COMPANIES (COLLECTIVELY, "SEGA").
IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "Yes" to download the Phantasy Star Universe Community Fansite Kit and to indicate your acceptance of these terms and your understanding of the conditions of the use of the Phantasy Star Universe Community Fansite Kit.
IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select "No" and Sega shall not grant to you the License (defined below) to use the Phantasy Star Universe Community Fansite Kit.
DEFINITION
The .zip file that you download by accepting the terms of this Agreement, and the images contained therein, shall hereafter collectively be referred to as the "Kit."
LIMITED USE LICENSE
Sega grants to you the non-exclusive, non-transferable, limited right and license to download one (1) copy of the Kit onto a computer hard drive solely for your personal use and to promote the video game, Phantasy Star Universe (the "License"). All rights not specifically granted under this License are hereby reserved by Sega and, as applicable, by its licensors. The Kit is licensed to you, not sold. This License does not give you any title or ownership in or to the Kit, and should not be construed as a sale or transfer of any intellectual property or other rights to the Kit.
OWNERSHIP
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Kit (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, and any related documentation) are owned by Sega or its licensors.
The Kit is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. You agree to use the following notice on all promotional materials: © SEGA.
LICENSE CONDITIONS AND RESTRICTIONS
You agree to only use the Kit, in a manner that is consistent with this License, and you shall not: (a) sell, rent, lease, or license the Kit or any portion of the Kit; or (b) modify any of the images contained within the Kit.
CHOICE OF LAW AND JURISDICTION
THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF YOU AND SEGA THERIN, SHALL BE CONSTRUED AND ENFORCED UNDER CALIFORNIA LAW AS SUCH LAW IS APPLIED TO AGREEMENTS BETWEEN CALIFORNIA RESIDENTS ENTERED INTO AND TO BE PERFORMED WITHIN CALIFORNIA, WITHOUT REGARD TO CALIFORNIA'S CONFLICTS OF LAW PRINCIPLES. TO THE EXTENT ANY CLAIMS ARE GOVERNED BY FEDERAL LAW, SUCH FEDERAL LAW ALSO SHALL BE APPLICABLE. YOU AND SEGA CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA, IN CONNECTION WITH ANY CLAIM OR DISPUTE CONCERNING THIS AGREEMENT OR THE KIT, AND YOU AND SEGA WAIVE ANY OBJECTION BASED ON THE VENUE OR INCONVENIENCE OF SUCH FORUM. IF YOU ARE FROM OUTSIDE THE UNITED STATES, THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
