This PlayOnline Viewer and Tetra Master Software License Agreement is between Square Enix U.S.A., Inc. ("SEUI" or "us" or "we"), and you ("you"), a registered user of the PlayOnline entertainment service and a licensee of the PlayOnline Viewer software, the Tetra Master software and all accompanying documentation.
IMPORTANT - This Software License Agreement is a binding, legal agreement between SEUI and you and governs your use of the PlayOnline Viewer and Tetra Master software. If at any time you do not agree to be bound by these terms and conditions, you must immediately end your use of the PlayOnline Viewer and Tetra Master. Please contact your place of purchase for return, refund, or exchange subject to the return and exchange policy of the retailer.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree as follows:
Article 1: Definitions
1.1 "Agreement" means this PlayOnline Viewer and Tetra Master Software License Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are between the ages of 13 and 17) prior to any use of the Licensed Software.
1.2 "Documentation" means those user manuals, specifications documents and other instructional materials related to the Licensed Software (whether written or electronic) that are provided by SEUI or otherwise made available to Users.
1.3 "Game" means the Tetra Master online game program embodied in the Licensed Software provided to you hereunder, together with any additional features or functionality of such online game that may be available to you through the PlayOnline Service.
1.4 "Hardware" means the computer or the video game equipment on which the PlayOnline Viewer computer program and the Tetra Master online game program are installed and used.
1.5 "Licensed Software" means, collectively, the PlayOnline Viewer computer program and the Tetra Master online game program, as embodied on any one or more discs, or other media provided to you, or as incorporated into any one or more electronic files provided to you, together with any updates, additions or modifications thereto that SEUI may elect (in its sole discretion) to provide or make available to you from time to time.
1.6 "Member Agreement" means the PlayOnline Member Agreement, which must be executed by you (or by your parent or legal guardian on your behalf if you are between the ages of 13 and 17) prior to any use of PlayOnline.
1.7 "PlayOnline" or "PlayOnline Service" means the PlayOnline online entertainment service offered by SEUI, which includes the various services incorporated therein or offered in connection therewith (including, but not limited to, online games).
1.8 "Privacy Policy" means SEUI's current PlayOnline Service Privacy Policy, which may be accessed on the Website and within the PlayOnline Service at any time.
1.9 "Subscription Fee" means the fee that applies to your use of the Licensed Software. The Subscription Fee will be charged each month to your credit card, or to you by any other payment method approved by SEUI, which you provided in connection with your PlayOnline registration, as described in the Member Agreement.
1.10 "Users" means users of the PlayOnline Service; subject to the requirement that any User between the ages of 13 and 17 must have the express authorization of a parent or legal guardian, which authorization shall be evidenced by execution of the Member Agreement by such parent or legal guardian. Children under the age of 13 are not permitted to use any PlayOnline Service.
1.11 "Website" means the SEUI website for the PlayOnline Service located at http://www.playonline.com.
Article 2: Grant of License
2.1 License Grant.
(a) SEUI hereby grants you the limited, personal, nonexclusive, non-transferable, revocable license during the term of this Agreement to install and use the Licensed Software only on and in connection with a single Hardware and to use a single copy of the Documentation solely in connection with your use of the Licensed Software.
(b) You acknowledge that your access to and use of the Game may be contingent upon your timely and complete payment of the Subscription Fee in accordance with the "User Responsibilities" section of the Member Agreement. Please read the section carefully and completely.
2.2 Term and Termination. This Agreement will commence when you indicate your acceptance of its terms and conditions and proceed to install the Licensed Software. Your rights under Section 2.1 will immediately and automatically terminate upon your breach of any provision of this Agreement or the Member Agreement.
2.3 Ownership. SEUI (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to the PlayOnline Service, the Licensed Software and all Documentation, and will be the sole owner of any and all data you generate through your use of the PlayOnline Service. You receive only those limited rights to access and use the Licensed Software and all Documentation set forth herein. PLAYONLINE, THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY UNITED STATES AND FOREIGN COPYRIGHT AND TRADEMARK LAWS, AND INTERNATIONAL TREATIES, AND ARE THE SUBJECT OF TRADE SECRETS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. PLAYONLINE and TETRA MASTER are trademarks used by SEUI under license and may not be reproduced, altered, or used in any way without the prior, written consent of SEUI.
2.4 Restrictions. To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, or disassemble the Licensed Software; (b) rent, lease, sublicense, distribute, or transmit the Licensed Software to any third party; (c) rent, lease, sell, distribute, transmit or otherwise transfer your User or other account-related information (including, but not limited to, your User ID or password information) to any third party; (d) make any copy of or otherwise reproduce the Licensed Software; (e) infringe any copyright, trademark rights, or any other intellectual property rights of SEUI or its licensors or, (f) use the Licensed Software to provide service bureau or time-sharing services, or for any other commercial purpose. The Licensed Software is for your personal use only and may not be copied, leased, or made available for use by others.
You acknowledge and agree that any products that are created from, based on, or in connection with the Licensed Software shall be the property of SEUI. SEUI reserves its rights in its sole discretion to request such products to be sent to SEUI or its facilities, or be destroyed.
Article 3: User Responsibilities
3.1 Valid Payment Method. You acknowledge that the use of the PlayOnline Viewer, which allows you to access various free features and services and to launch fee-based online games and services, requires you to provide and maintain a valid payment method with SEUI in order to have continuous access to and use of the PlayOnline Viewer and the PlayOnline Service. You are responsible for maintaining such a valid payment method during the term of this Agreement.
3.2 Service Access. You are solely responsible for obtaining and maintaining, at your own expense, all input/output devices, equipment (such as modems, terminal equipment, computer or video game equipment and software) and communications services (including, without limitation, Internet access and related services) necessary to access the PlayOnline Service and use the Licensed Software, and for ensuring such equipment and services are compatible with all requirements of the PlayOnline Service.
3.3 Personal Information Management. You understand that your use of the Licensed Software in connection with the PlayOnline Service will require that you disclose to SEUI certain personal and personally identifiable information, and that such information is subject to our Privacy Policy, which contai
