Effective Date: April 1, 2025

1. IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: YOU AGREE DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND A WAIVER OF YOUR CLASS ACTION AND CLASS-WIDE ARBITRATION RIGHTS AS DETAILED BELOW UNDER THE “REGION TWO SPECIAL PROVISONS” SECTION, AND THAT THIS AGREEMENT APPLIES TO ANY ACCRUED CLAIMS.
2. This SEGA END USER LICENSE AGREEMENT ("Agreement”) is a legal agreement between you, and the applicable entity specified in the Special Provisions (defined below) (collectively, including the Japanese entity in the immediately following sentence, “SEGA” or “We”). In the event that you are a resident in a region not covered by the Special Provisions, this Agreement is a legal agreement between you and SEGA Corporation, a company registered in Japan, located at Sumitomo Fudosan Osaki Garden Tower, 1-1-1. Nishi-Shinagawa, Shinagawa-ku, Tokyo 141-0033, Japan. The Agreement, including any amendments, applies to all users of the Product (defined below) from commencement of your use of the Product, including for any users who are also contributors of content, information, and other materials or software for the Product. Please review this Agreement carefully before installing, accessing or utilizing this Product (defined below) on any platform, including PC, online, mobile and console.
3. In addition to this Agreement, special provisions separately provided by SEGA ("Special Provisions”), if applicable, shall govern your relationship with SEGA in relation to your use and/or access to the products or services, or may govern your interactions with SEGA based on your country of residence. For the avoidance of doubt, Special Provisions shall be incorporated into this Agreement.
4. For information on how we collect, use and protect personal data, please refer to our Privacy Policy, which can be accessed on the Game Software’s official website or here: https://www.sega.co.jp/privacypolicy/ and is incorporated to form a part of this Agreement.
5. In this Agreement, this “Product” means, as applicable (i) the game you have just purchased (“Game Software”), (ii) the editing software you have just downloaded or any part of the Game Software or any third party software authorised for use with the Game Software by SEGA which allows you to construct new variations, modifications, derivations, adaptations, copies or improvements of the Game Software (“Editors”), (iii) Virtual Items (defined below) or any other content available for download whether for purchase or offered without cost by SEGA (“Additional Content”), including your ability to benefit from enhanced functionality such as multiplayer or online services, cross platform, or other subscription services (“Functionality Preferences”), (iv) the packaging, printed manuals and any other materials accompanying the Game Software if applicable (the “Physical Materials”), (v) all or part of the products or services separately designated by SEGA, including as further specified in the Special Provisions, and (vi) all software included with the game, the associated media, any updates and upgrades that replace or supplement the Game Software where they are not distributed under a separate license, any online or electronic documentation, and any and all copies of such software and materials.
6. If you have any questions about this Agreement, please contact the Customer Service Centre at sfcc@customersupport.sega.com

1. 1. User's Acknowledgement of this Agreement

   1. 1.1 By purchasing, acquiring, installing, opening, accessing and/or using or engaging with this Product by any means and/or on any platform, you acknowledge, accept, and agree to be bound by the terms of this Agreement.
   2. 1.2 Applicable laws may require that you have reached the age of majority in your jurisdiction ("Required Age") to enter into legally binding agreements, such as this Agreement. If you have not reached the Required Age, you should not commence or continue using this Product unless your parent or legal guardian has reviewed and accepted the terms of this Agreement.
   3. 1.3 If you are a parent or guardian allowing a minor to use the Product, then you agree to the terms of this Agreement and you are responsible for the minor and your usage of the Product, including any transactions undertaken by you or the minor.
   4. 1.4 If applicable laws mandate supervision for the use of the Products by children under a certain age, by using this Product, you and your parent or legal guardian assure that you have reached the applicable age to use this Product without supervision and assume responsibility for all unauthorized use of this Product by anyone not of the Required Age. If you have not reached the Required Age, your parent or legal guardian agrees to always supervise and monitor your use of this Product.
   5. 1.5 This Product may not be appropriate for children under a certain age. When using this Product, please adhere to the game rating published on the Product. The use of this Product by anyone who does not meet the age rating is prohibited. Notwithstanding the foregoing, any game rating is merely a guideline, and SEGA shall not be held responsible if, under any circumstances, you deem the material inappropriate for your or your child’s usage. Please be aware that not all features of this Product have been rated, and some features may contain language or material that could be offensive.
   6. 1.6 SEGA may develop new technology or features that improve or modify the Product. To that end, SEGA may add or remove certain features, functionalities, or services. If SEGA makes a significant change that impacts your use of the Product, or if SEGA stops offering a Product altogether, SEGA will endeavour to notify you unless the situation is urgent (for example, to prevent abuse, address security issues, or to respond to legal requirements).
   7. 1.7 SEGA reserves the right to amend or modify this Agreement at any time, in any manner, at SEGA’s sole discretion and without incurring any liability. Such amendment shall be published as reflected by the Effective Date at the top of this EULA. Subject to the Special Provisions, you agree that your continued use of the Product after SEGA has published an amended version of this Agreement constitutes acceptance by you of any amendments. If you do not agree with any then current terms, including any changes to this Agreement, you must stop using the Product.
   8. 1.8 IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, INCLUDING ANY OF THE SPECIAL PROVISIONS, OR THE PRIVACY POLICY, DO NOT DOWNLOAD, ACCESS, OR USE THE PRODUCT, AND FOR THE AVOIDANCE OF DOUBT, SEGA SHALL NOT GRANT, OR BE DEEMED TO GRANT TO YOU, THE LICENSE TO INSTALL, ACCESS OR USE THE PRODUCT.
   9. 1.9 You agree that you shall abide by any safety information, maintenance instructions, or other relevant notices contained in the manual or other documentation accompanying or otherwise provided in connection with the Product. For the avoidance of doubt, you also agree to ensure that you meet the required hardware or minimum system requirements for the Product (as specified in the Product documentation and/or in the Product description on the applicable Product storefront, hereinafter collectively referred to as “Minimum System Requirements”).

2. 2. LIMITED GAME SOFTWARE GUARANTEE

   1. 2.1 SUBJECT TO THE LIMITATION SET OUT BELOW, SEGA WARRANTS TO THE ORIGINAL BUYER OF THIS PRODUCT THAT THIS PRODUCT WILL PERFORM UNDER NORMAL USE SUBSTANTIALLY AS DESCRIBED IN THIS PRODUCT AND/OR ITS ACCOMPANYING MANUAL OR OTHER MATERIALS, FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF FIRST PURCHASE ("THE GUARANTEE"). THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE STATUTORY OR OTHER RIGHTS UNDER YOUR LOCAL JURISDICTION, WHICH REMAIN UNAFFECTED.
   2. 2.2 THIS GUARANTEE SHALL NOT APPLY IF THIS PRODUCT IS USED IN A BUSINESS OR COMMERCIAL MANNER AND/OR IF ANY DEFECT OR FAULT RESULTS FROM YOUR (OR SOMEONE ACTING UNDER YOUR CONTROL OR AUTHORITY) FAULT, NEGLIGENCE, ACCIDENT, ABUSE, VIRUS, MISUSE OR MODIFICATION OF THE PRODUCT AFTER PURCHASE.
   3. 2.3 IF YOU DISCOVER A PROBLEM WITH THIS PRODUCT WITHIN THE GUARANTEE PERIOD (INCLUDING A PROBLEM WITH THE ACTIVATION OF THE GAME SOFTWARE, USING KEY-CODES OR OTHERWISE), YOU SHOULD CONTACT THE RETAILER FROM WHERE YOU BOUGHT THE PRODUCT. PLEASE ENSURE THAT YOU HAVE A COPY OF THE ORIGINAL SALES RECEIPT AS YOU MAY BE ASKED TO PROVIDE THIS TO THE RETAILER. IF YOU DISCOVER A BUG OR ERROR IN THE PRODUCT, PLEASE CONTACT THE TECHNICAL SUPPORT TEAM AT SEGA (DETAILS SET OUT BELOW) AND INFORM THEM OF THE DIFFICULTY YOU ARE EXPERIENCING WITH THE PRODUCT. THE RETAILER OR SEGA WILL EITHER REPAIR OR REPLACE THE PRODUCT AT THEIR OPTION. ANY REPLACEMENT PRODUCT WILL BE GUARANTEED FOR THE REMAINDER OF THE ORIGINAL GUARANTEE PERIOD OR NINETY (90) DAYS FROM RECEIPT OF THE REPLACEMENT PRODUCT, WHICHEVER IS LONGER. IF FOR ANY REASON THE PRODUCT CANNOT BE REPAIRED OR REPLACED, YOU WILL BE ENTITLED TO RECEIVE AN AMOUNT UP TO THE PRICE YOU PAID FOR THE PRODUCT. THE FOREGOING (REPAIR, REPLACEMENT OR THE PRICE YOU PAID FOR THE GAME SOFTWARE) IS YOUR EXCLUSIVE REMEDY. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET-OUT IN SECTION 6 OF THE AGREEMENT SHALL BE APPLICABLE TO THIS GUARANTEE.

3. 3 Licence of this Product

   1. 3.1 Subject to your compliance with the terms and conditions of this Agreement, and unless otherwise provided for by applicable laws, this Product is not intended for sale, and by lawfully purchasing or acquiring this Product, SEGA merely grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use one (1) copy of the Product solely and exclusively for your personal and non-commercial use in accordance with this Agreement. This Agreement shall also apply to any patches, updates or upgrades you may obtain for any of the Products.
   2. 3.2 The limited license granted to you under this Agreement does not give you any title or ownership in the Product and should not be construed as a sale or transfer of any intellectual property rights in or relation to the Product. You acknowledge and agree that all ownership and corresponding rights in and to the Product are and shall forever be owned by and inure to the benefit of SEGA. Without limiting the generality of the foregoing, except as expressly licensed to you herein, as between you and SEGA, all right, title, and interest in and to the Product 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 Product and any related documentation) are owned by or licensed to SEGA
   3. 3.3 Subject to your compliance with the terms and conditions of the Agreement, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use the Product solely and exclusively for your personal and non-commercial use.

4. 4 Termination or Suspension of Services

   1. 4.1 Certain services or Functionality Preferences (including online services) are offered or supported by SEGA. Except as required by applicable laws, SEGA does not represent to continue offering or supporting such services and reserves the right to terminate or suspend the offering or support of such services at any time. If this happens, any related account or data you have relating to the Product may be terminated or deleted and your use of some or all portions of the Product, Virtual Items, and User-Generated Content or any other services may be limited to use.
   2. 4.2 SEGA may terminate your account and/or your access to the Product, or take other action it deems necessary in relation to your account or use of the Product , if you violate this Agreement, any applicable laws, or the rights of another person, or for any other reason to protect SEGA’s legitimate business interests or legal rights. If this happens, any license granted to you in connection with the Product are terminated immediately, and you won’t be entitled to any refunds. SEGA also reserves the right to terminate any other accounts you may create or have created.
   3. 4.3 Unless otherwise provided for by applicable laws or as set out in the Special Provisions, SEGA shall not be required to provide refunds, benefits, or other compensation in connection with discontinuing services.
   4. 4.4 If you commit any breach of this Agreement, your right to use the Product under this Agreement shall be automatically and immediately terminated, without notice. If SEGA determines you have engaged in any of the aforementioned prohibited activities, SEGA may suspend or terminate your use of this Product. In such cases, SEGA will not bear nor refund any costs you have incurred for the use of this Product. If you use one of the multiple game accounts and engage in prohibited activities with one of them, SEGA may suspend or terminate the use of all SEGA game accounts you hold. Your breach of this Section shall constitute a material breach of this Agreement and/or of applicable copyright and other intellectual property rights laws and treaties and may subject you to civil and criminal liability.
   5. 4.5 SEGA will notify or inform you sixty (60) days in advance if it terminates the provision of services related to this Product. The notice or announcement mentioned in the preceding paragraph shall take effect twenty-four (24) hours after being posted on the official website of this Product.
   6. 4.6 Notwithstanding the provisions of the preceding paragraphs, if it becomes difficult to provide this Product due to circumstances not attributable to SEGA, SEGA may immediately terminate its provision by promptly specifying the reasons for the termination on the official website of this Product.
   7. 4.7 The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. SEGA may, at any time and in its sole discretion, terminate this Agreement and/or discontinue the operation or provision of the Products, with or without notice. 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 discontinue use of the Product 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 Product. The provisions of Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and any and all clauses from each of the Special Provisions pertaining to governing law, jurisdiction, dispute resolution, limitation of liability, indemnification, confidentiality, intellectual property, and severability, shall survive any termination of this Agreement.
   8. 4.8 Because SEGA would be irreparably damaged if the terms of this Agreement were breached and/or not specifically enforced, and such damage may not be readily measurable in monetary damages, 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.

5. 5. Health Risk Warning

   1. 5.1 You are advised to take regular breaks, for about 15 minutes every hour when using the Product. If you start to feel eye fatigue or unwell, it is recommended that you stop playing immediately or take a break. During breaks, you are also advised to engage in light physical activities such as stretching or walking. Please be cautious not to endanger your health by playing for excessively long periods.
   2. 5.2 You should play in a well-lit room and keep as much distance as possible from the display screen. Exposure to bright lights or looking at flashing display screens may cause temporary muscular convulsions or loss of consciousness. If you have experienced such symptoms, you must consult a doctor before playing. If you experience such symptoms while playing, cease playing immediately and seek medical advice.
   3. 5.3 SEGA will not be responsible for any social, mental, or physical problems arising from long hours of gameplay. It is your responsibility to use the Product with caution.

6. 6. License Conditions and Restrictions

   1. 6.1 You agree to only use the Product, or any part of it, in a manner that is consistent with this Agreement, and unless otherwise provided for by applicable laws or with explicit consent from SEGA, you SHALL NOT:
   2. 6.1.1 exploit the Product or any of its parts commercially, including, but not limited to, at a cyber (Internet) café, computer gaming centre or any other location-based site;
   3. 6.1.2 use the Product or permit the use of the Product, on more than one computer, game console, mobile device, handheld device or other game platform at the same time, unless expressly authorised by SEGA;
   4. 6.1.3 use the Product, or permit use of such Product, or make the Product available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;
   5. 6.1.4 sell, rent, lease, license, distribute or otherwise transfer this Product or any copies;
   6. 6.1.5 reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of this Product, in whole or in part, except where permitted by law;
   7. 6.1.6 remove, disable or circumvent any security protections, proprietary notices or labels contained on or within this Product, including but not limited to separating the Key Code from the Physical Materials included with this Product;
   8. 6.1.7 export or re-export this Product or any copy or adaptation in violation of any applicable laws or regulations;
   9. 6.1.8 create data or executable programs which mimic data or functionality in this Product unless such functionality is provided to you in the Editors;
   10. 6.1.9 alter or unlawfully create characters, items, or other data associated with this Product;
   11. 6.1.10 engage in actions that are not intended or authorized for the usage of this Product;
   12. 6.1.11 utilize automated execution tools (macros) or employ software, macros, or other tools not authorized by SEGA when accessing this Product;
   13. 6.1.12 deliberately modify the content, storyline or composition of this Product;
   14. 6.1.13 engage in activities violating or causing potential breach of applicable laws or conduct or endorse such activities;
   15. 6.1.14 infringe upon the rights, including but not limited to, reputation, privacy, and intellectual property, of other users or third parties;
   16. 6.1.15 engage in obscene, discriminatory, violent, intimidating, grotesque expression;
   17. 6.1.16 engage in actions contrary to public order and standards of decency;
   18. 6.1.17 participate in commercial sales activities, fundraising, political campaigns, or any religious activities using this Product;
   19. 6.1.18 induce or facilitate encounters intended for sexual or indecent purposes;
   20. 6.1.19 advocate for multilevel marketing, send chain emails, or solicit participation in similar activities;
   21. 6.1.20 impersonate an employee or associate of SEGA or customer supporting staff;
   22. 6.1.21 impose unnecessary burdens on the infrastructure supporting this Product or interfere with other users’ use of this Product, including distributing malware and transmitting excessive amounts of data;
   23. 6.1.22 provide false or misleading declarations or reports to SEGA;
   24. 6.1.23 engage in activities disrupting, or potentially disrupting the operation of this Product;
   25. 6.1.24 defame this Product or other services provided by SEGA;
   26. 6.1.25 sell or resell any data which constitutes this Product without SEGA’s explicit authorisation;
   27. 6.1.26 facilitate out-of-game monetary transactions for in-game items obtained via this Product, which includes selling in-game items with real money, crypto currency, in-game currency, or anything else of value and putting them up for online auction platforms;
   28. 6.1.27 advocate for or endorse cheating;
   29. 6.1.28 use this Product with unauthorizedly modified devices;
   30. 6.1.29 endorse, facilitate, or prepare for any of the aforementioned infractions and, furnish content, data, or locations (including URL links) alluding to such activities; and or
   31. 6.1.30 encourage, facilitate, or aid any third party in doing any of the foregoing.

7. 7. Disclaimer of Warranties and Limitation of Liability

   1. 7.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
   2. 7.2 EXCEPT IN RELATION TO THE LIMITED GUARANTEE OFFERED BY SEGA IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THIS PRODUCT IS PROVIDED TO YOU 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 PRODUCT, 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.
   3. 7.3 WITHOUT LIMITING THE FOREGOING, SEGA MAKES NO WARRANTY THAT:
      THE PRODUCT WILL MEET YOUR REQUIREMENTS;
      YOUR USE OF THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
      THE PRODUCT WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE; OR
      THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PRODUCT WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
   4. 7.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SEGA OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY.
   5. 7.5 DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, SEGA DOES NOT WARRANT THE PERFORMANCE OF THE GAME SOFTWARE ON YOUR SPECIFIC DEVICE. YOU ACKNOWLEDGE THAT SEGA’S PRODUCTS EVOLVE OVER TIME AND THAT YOU MAY BE REQUIRED TO UPDATE THE MINIMUM SYSTEM REQUIREMENTS FOR THE PRODUCT IN ORDER TO RUN THE GAME SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT SEGA HAS THE UNFETTERED RIGHT TO MAKE CHANGES TO ITS GAME SOFTWARE AND MINIMUM SYSTEM REQUIREMENTS AT ANY POINT WITHOUT NOTICE TO YOU. SEGA SHALL NOT BE LIABLE TO YOU FOR YOUR FAILURE TO MEET ANY CHANGES TO THE MINIMUM SYSTEM REQUIREMENTS. ADDITIONALLY, AT SOME POINT IN THE FUTURE THE PRODUCT MAY GO OUT OF DATE, AND SEGA MAKES NO COMMITMENT TO UPDATE SUCH PRODUCT. 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, FAILURE TO MEET THE MINIMUM SYSTEM REQUIREMENTS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE PRODUCT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE PRODUCT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH ANY PRODUCT 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.
   6. 7.6 SEGA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCT, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT FOR ANY PURPOSE. THE PRODUCT, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PRODUCT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE PRODUCT MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT SEGA HAS NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THE PRODUCT, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND SEGA'S CONTROL.
   7. 7.7 YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT. 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 PRODUCT GIVING RISE TO ANY SUCH LIABILITY, UNLESS SEGA’S INTENTIONAL ACT IS THE CAUSE OF SUCH DISPUTE, OR SEGA HAS ACTED WITH GROSS NEGLIGENCE. 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 SEGA HAS 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 PRODUCT, 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. HOWEVER, THIS IS LIMITED TO THE EXTENT ALLOWED BY APPLICABLE LAWS.
   8. 7.8 BECAUSE SOME APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH CASES, THE LIABILITY OF SEGA AND THE SEGA PARTIES SHALL BE LIMITED, UNLESS SEGA HAS INTENTIONALLY CAUSED IT OR HAS ACTED WITH GROSS NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

8. 8. INDEMNIFICATION

   1. 8.1 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 attorneys’ fees, that arise from (a) your use of, or activities in connection with the Product (including but not limited to the creation and use of User-Generated Content (defined below in the Special Provisions) which is synchronised with the Game Software and/or Game Footage; (b) any violation of the Agreement by you; or (c) any allegation that any content that you make available via the Product 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 defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SEGA in asserting any available defences.

9. 9. EMAIL, MESSAGING, BLOGGING AND CHAT

   1. 9.1 SEGA may make email, messaging, blogging, or chat (collectively, "Communication Software") available through the Product, either directly or through a third-party provider. We are not responsible for communications (excluding the secrecy of correspondence under applicable laws) 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. 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.
   2. 9.2 SEGA reserves the right, within the Communication Software, to view, disclose, delete, or take any other action SEGA deems appropriate regarding information uploaded by you, without prior notice to you, if such information falls under any of the following categories:
      

      when there is a compulsory disposition based on applicable laws;

      when SEGA determines that the requirements for disclosure are satisfied according to applicable laws;

      when SEGA determines it necessary for the protection of someone's life, body, property, reputation, privacy, or other rights;

      when SEGA has your consent, and

      when it's necessary for the proper operation of this product.

   3. 9.3 SEGA may provide links to other third-party worldwide web sites or resources through the Product, either directly or through a third-party provider. SEGA makes no representations whatsoever about any other web site which you may access. Because SEGA has no control over such sites and resources, you acknowledge and agree that SEGA is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk. References to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. SEGA makes no representation or warranty as to any third-party content, products or services, and you agree that SEGA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

10. 10. VIRTUAL ITEMS

    1. 10.1 The Product may include the option to purchase virtual, in-game currency ("Virtual Currency") virtual in-game digital items and other virtual, in-game goods and services (collectively, "Virtual Items"). Virtual Items may be obtained from SEGA and/or third parties authorised by SEGA as follows:
       obtained through gameplay within the Product;
       purchased from SEGA in exchange for "real world" money;
       purchased using Virtual Currency;
       purchased from third parties, such as operators of third-party platform stores in exchange for "real world" money;
       obtained by exchanging credits or other virtual items from the third-party websites, so long as such an exchange is permitted by the applicable third-party website and SEGA; or
       obtained through interaction or participation with certain third-party advertisements and services.
    2. 10.2 In the event you choose to purchase Virtual Items from SEGA or its authorised affiliates, you agree to the pricing, payment and billing policies applicable to such fees and charges, as notified to you at the time of purchase. All fees are non-refundable and non-transferable except as expressly provided in this Agreement. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase. SEGA has no control over the pricing, payment and billing policies applicable to such purchases from third parties.
    3. 10.3 Virtual Items are digital items only with no “real world” cash or other value. Virtual Items may never be redeemed for "real world" money, goods or other items of monetary value from SEGA or any other party. Your right to use any Virtual Items that you obtain are limited to a non-exclusive, non-transferable, non-sub-licenseable, revocable right to use such Virtual Items solely for your personal entertainment and non-commercial use and for no other purpose. You agree that SEGA has no obligation to refund or otherwise compensate you for any Virtual Items for any reason, including due to the termination of your license or this Agreement, whether voluntary or involuntary. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Items, which remain the exclusive property of SEGA.
    4. 10.4 Except where explicitly authorised by SEGA, (i) transfers of Virtual Items are strictly prohibited (including between different products); (ii) you may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value; and (iii) SEGA does not recognise any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the "real world" of anything that appears in the Product. Any attempt to do any of the foregoing is in violation of the terms of this Agreement will result in an automatic termination of your rights to use the Virtual Items and may result in a lifetime ban from the Product and/or possible legal action.
    5. 10.5 YOU AGREE THAT ALL SALES TO YOU OF VIRTUAL ITEMS ARE FINAL. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NO REFUNDS WILL BE GIVEN, EXCEPT IN SEGA'S SOLE AND ABSOLUTE DISCRETION.
    6. 10.6 SEGA will not represent to maintain or continue to make the Virtual Items available in the future. The scope, variety and type of Virtual Items that you may obtain can change at any time. SEGA has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items at any time as it sees fit in its sole discretion without notice, and SEGA will have no liability to you or anyone for the exercise of such rights.
    7. 10.7 SEGA may set a maximum limit on the amount of Virtual Currency and Virtual Items you can hold. You are not allowed to purchase or possess Virtual Currency and Virtual Items beyond this limit.
    8. 10.8 Unless otherwise expressly stated by SEGA, the Virtual Currency you purchase can only be used within this Product and cannot be used for other games, apps, or services. Unless otherwise expressly stated by SEGA, you are not allowed to transfer, lend, pledge, or provide as collateral the purchased Virtual Currency to any third party. SEGA also prohibits any acts of offering or soliciting such actions. If, based on the terms of this Agreement, the use of this Product is permanently terminated, the Virtual Currency you hold will expire as a result of such termination. To the fullest extent permitted under applicable law, except for specific circumstances designated by SEGA, you cannot receive refunds or repayments for Virtual Currency.

11. 11. INTERNATIONAL USE

    1. 11.1 Although the Product may be accessible worldwide, we make no representation that the Product or related materials are appropriate or available for use in your location, and the Product may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Product from such 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 Product is void where prohibited. Without limiting the foregoing, the Product may not be exported or re-exported into (or to a national resident of) (a) any U.S. embargoed countries (or regions), (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 or (c) other countries (or regions) that are subject to trade restrictions or embargoes in the applicable countries (or regions) and companies in such countries (or regions).
    2. 11.2 By accessing and using the Products, 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.

12. 12. OPEN-SOURCE SOFTWARE AND THIRD-PARTY SOFTWARE

    1. 12.1 Some of our video games include and/or use open-source software ("OSS") and third-party software ("TPS"). You agree to be bound by licence terms as restrictive as those contained herein in respect of the OSS and TPS contained in the software. For further information on the OSS and TPS used in each game, please visit: https://privacy.sega.com/en/software-licensing or the software licensing information within the Product. In no event shall SEGA be liable to you in connection with the components that may be installed on your device relating to OSS and TPS.

13. 13. TECHNICAL PROTECTION MEASURES

    1. 13.1 This Product may be protected by anti-cheat/hacking and security software, including but not limited to Denuvo Anti-Tamper Protection Technology (“together, Anti-Tamper Technology”). If such technology is used, you hereby acknowledge and agree to the following regarding the Anti-Tamper Technology:
    1. (a) the installation of the Product may cause the Anti-Tamper Technology to be installed on your device;
    2. (b) the Anti-Tamper Technology may limit the number of installations of the Product;
    3. (c) the Anti-Tamper Technology may install on your device additional components required for copy and security protection;
    4. (d) during the installation and/or the first launch of the Product, an online connection may be required to activate the Product and the Anti-Tamper Technology; and
    5. (e) certain files of the Anti-Tamper Technology may remain even after the Product is uninstalled from your device.
    2. 13.2 In no event shall SEGA be liable to you in connection with the components that may be installed on your device relating to the Anti-Tamper Technology.
    3. 13.3 If you disable or otherwise tamper with the Anti-Tamper Technology, the Product may not operate properly and you are in material breach of this Agreement.

14. 14. Accounts

    1. 14.1 You may need a SEGA Account to for certain SEGA Games, which can be found here: https://sega-account.com. Where you create an Account in conjunction with the SEGA Product, the following additional terms are incorporated herein: https://sega-account.com/statics/terms or such Account terms as set out in the Special Provision.
15. 15. SUBSCRIPTION SERVICES
    1. 15.1 Some of the Products may offer subscription services. If you purchase a subscription, you are requesting that SEGA begins supplying the subscription's services immediately and are entering into a subscription agreement with SEGA. You are also authorizing a charge to you of a periodic subscription fee at the rate quoted to you at the time of purchase.
    2. 15.2 Subscription charges will be applied to the payment instrument you provide when you start your subscription (or to a different payment instrument if you provide one). Please note that the contents of such subscription services, prices and charges are subject to change at any time. If SEGA makes a change to the subscription rate or the contents, SEGA will notify you in advance.
    3. 15.3 Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription or we terminate it. You must cancel your subscription at least 24 hours before the end of the current billing period, otherwise payment for the next billing period will be taken automatically via your chosen payment instrument.
    4. 15.4 Subscription payments are nonrefundable and there will be no compensation, credits, or other forms of refunds for partially used subscription periods.
    5. 15.5 For subscription services purchased via a platform, such as the Apple App Store or Google Play, please review their payment and customer support terms with respect to subscriptions.

16. 16. USER GENERATED MATERIALS

    1. 16.1 The following terms apply in relation to the Editors provided to you for use with the Game Software, or any other third party software which is authorised to be used with the Product, and which allow the synchronisation of audio, visual or audio-visual content which is created by you, including but not limited to Let’s play videos, Twitch streams (“User-Generated Content”) with the Game Software and/or audiovisual content reproduced from the Game Software (“Game Footage”). This clause does not apply in relation to the creation of any Mods (as defined in the Schedule), which are governed by the additional terms in the Schedule which apply and form part of this Agreement. SEGA may (but is not obligated to) remove, disable, block, edit, or move any User-Generated Content for any reason at its sole discretion, including if SEGA determines the User-Generated Content violates this Agreement. SEGA does not assume any responsibility or liability for User-Generated Content, for removing it, or not removing it. SEGA does not pre-screen User-Generated Content and does not endorse or approve any User-Generated Content available on or through the Product. You are responsible for your User-Generated Content and may only upload or transmit User-Generated Content that you own. SEGA acknowledges and agrees that it does not obtain any right, title and interest in the User-Generated Content (excluding any Game Software, Game Footage, and/or any other intellectual property of SEGA). To the extent required by SEGA, with respect to the User-Generated Content, you automatically grant to SEGA the irrevocable, perpetual, worldwide, royalty free, sub-licensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the User-Generated Content (or any part thereof). Unless prohibited by applicable law, you hereby waive the benefit of any moral rights, droit moral, or any similar law in any country of the world with respect to User-Generated Content. You shall not be entitled to any compensation for User-Generated Content except as part of a separate express agreement between you and SEGA. You also agree that SEGA may use User-Generated Content in any manner it deems appropriate.
    2. 16.2 SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to use the Game Software or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which SEGA publishes from time to time. The license you have been granted to synchronise the Game Software and the Game Footage does not include any rights to (a) resale of the Game Footage or Game Software; (b) the distribution, public performance or public display of any Game Software or Game Footage other than as expressly authorised herein or in any policies published by Sega; (c) modifying or otherwise making any derivative uses of the Game Software or Game Footage, or any portion thereof for any other reason. You acknowledge and agree that all right, title and interest in the Game Software and the Game Footage in any part of the world and whether or not registered or registrable and to the fullest extent thereof and for the full period thereof and all extensions and renewals thereof, are for the benefit of SEGA and will remain our property or that of our group companies.
    3. 16.3 You hereby warrant and represent that any User-Generated Content which you synchronise with the Game Software and/or Game Footage shall not be discriminatory, racist, obscene, libellous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA, or cause SEGA to incur any additional fees. You hereby warrant and represent that any User-Generated Content synchronised with the Game Software and/or Game Footage, and the subsequent use and exploitation of any of those materials by you and or SEGA, will not infringe any rights of any person (corporate or otherwise) or otherwise result in any potential liability to SEGA and shall not be used for commercial purposes or commercially exploited by you in any way (through pay-per-play or timesharing services or otherwise) unless expressly authorised by SEGA.

17. 17. MISCELLANEOUS

    1. 17.1 This Agreement represents the complete agreement between you and SEGA concerning the Product 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.
    2. 17.2 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.
    3. 17.3 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.
    4. 17.4 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 Product or information provided to or gathered by SEGA with respect to such use. In addition to any excuse provided by applicable law, SEGA shall be excused from liability for non-delivery or delay in delivery of the Product arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour 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.
    5. 17.5 Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement.
    6. 17.6 The parties hereto agree that all correspondence relating to this Agreement shall be written in the English language unless otherwise designated by SEGA.
    7. 17.7 This Agreement and any dispute arising out of or relates to it shall be construed under laws of country or state specified in the Special Provisions hereto or in a separate EULA for individual Product, and you consent to the exclusive jurisdiction of such Court specified in the Special Provisions hereto or in a separate EULA for the individual Product.
    8. 17.8 UNLESS OTHERWISE NOTED, THE EXAMPLE COMPANIES, ORGANISATIONS, PRODUCTS, PEOPLE AND EVENTS DEPICTED IN THE PRODUCT ARE FICTITIOUS AND NO ASSOCIATION WITH ANY REAL COMPANY, ORGANISATION, PRODUCT, PERSON OR EVENT IS INTENDED OR SHOULD BE INFERRED.
    9. 17.9 GOVERNING LAW AND JURISDICTION. In case you are a resident in a region not covered by the Special Provisions, this Agreement shall be governed as to all matters, including validity, construction and performance, by and under the laws of Japan without regard to its conflict of laws principles. The Tokyo District Court of Japan shall be the exclusive court of first instance for any dispute between you and us arising from the Agreement.

FOR RESIDENTS IN THE UNITED KINGDOM, the European Economic Area, SWITZERLAND, AUSTRALIA, NEW ZEALAND, THE MIDDLE EAST AND AFRICA, THIS AGREEMENT AND THE REGION ONE SPECIAL PROVISIONS (DEFINED BELOW) ARE BETWEEN YOU AND SEGA EUROPE LIMITED, A COMPANY REGISTERED IN ENGLAND & WALES WITH COMPANY REGISTRATION NUMBER 01669057, AND THE FOLLOWING SPECIAL PROVISIONS (INCLUDING SCHEDULES 1& 2, THE “REGION ONE SPECIAL PROVISIONS”) SHALL APPLY.

“Middle East” as defined above shall include: Cyprus, Lebanon, Syria, Iraq, Iran, Israel, Jordan, Saudi Arabia, Kuwait, Qatar, Bahrain, United Arab Emirates, Oman, Yemen, Egypt, and Palestinian territories of Gaza and the West Bank

1. REFUNDS

   IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN 14 DAYS AFTER YOUR PURCHASE OF THE PRODUCT FROM SEGA, YOU MAY CONTACT SEGA CUSTOMER SERVICE TO ENQUIRE ABOUT A FULL REFUND OF THE PURCHASE PRICE OF THAT PRODUCT. IF YOU PURCHASED A PRODUCT AT RETAIL THEN YOUR RIGHT TO RETURN THE PRODUCT IS SUBJECT TO THE RETAILER’S RETURN POLICY AND YOU SHOULD CONTACT THE RETAILER. YOUR REMEDY FOR DISSATISFACTION WITH THE PRODUCT OR ANY OTHER MATERIALS OR INFORMATION MADE AVAILABLE BY OR THROUGH SEGA, IS TO STOP USING SUCH PRODUCT, MATERIALS, OR INFORMATION. THIS AGREEMENT BETWEEN YOU AND SEGA REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE PRODUCT AND SEGA SHALL NOT GRANT, OR BE DEEMED TO GRANT, TO YOU THE LICENSE TO INSTALL AND USE THE PRODUCT.

2. CANCELLATION RIGHTS: DIGITAL CONTENT

   FOR ANY PURCHASE OF DIGITAL CONTENT (INCLUDING BUT NOT LIMITED TO THE GAME SOFTWARE, EDITORS, ADDITIONAL CONTENT, VIRTUAL ITEMS AS DEFINED IN SECTION 11 BELOW AND/OR KEY CODE) YOU AGREE THAT SEGA MAKES THE PRODUCT AVAILABLE TO YOU FOR DOWNLOAD AND USE IMMEDIATELY AFTER WE HAVE ACCEPTED YOUR ORDER. ONCE MADE AVAILABLE, AS FAR AS PERMITTED BY LAW, YOU WILL HAVE NO RIGHT TO CANCEL YOUR ORDER OR TO A "COOLING OFF PERIOD" AND YOU CANNOT OBTAIN A REFUND, UNLESS EXPLICITLY STATED OTHERWISE BY US OR THE THIRD-PARTY RETAILER.

3. DATA PROTECTION NOTIFICATION

   YOU ACKNOWLEDGE THAT SEGA EUROPE LIMITED MAY (I) PROCESS PERSONAL DATA RELATING TO YOU AS PART OF YOUR USE OF THE PRODUCT AND (II) DISCLOSE OR TRANSFER SUCH PERSONAL DATA TO OTHER PERSONNEL OR ENTITIES WITHIN SEGA, OR ANY OTHER PERSONS AS MAY BE REASONABLY NECESSARY, AND AS OTHERWISE REQUIRED OR PERMITTED BY LAW. FURTHER DETAILS IN RESPECT OF THE COLLECTION, PROCESSING AND TRANSFER OF SUCH DATA ARE OUTLINED IN THE UK and EMEA PRIVACY POLICY MADE AVAILABLE ONLINE AT https://privacy.sega.com/en/our-games. IN LIMITED CASES WHERE CONSENT IS APPROPRIATE TO AND SOUGHT FOR SPECIFIC PROCESSING, A SEPARATE CONSENT NOTICE WILL APPLY.
   1. Pattern A
      Questions, comments and requests regarding the data we collect are welcomed and should be addressed to thr Customer Service Centre at sfcc@customersupport.sega.com. You can also contact our data protection officer at dpo@sega.co.uk.
   2. Pattern B
      Questions, comments and requests regarding the data we collect are welcomed and should be addressed to SEGA Europe Limited, Customer Service Department, 27 Great West Road, Brentford, Middlesex, TW8 9BW, UK or by making a support request, and selecting ‘DATA REQUESTS’ from the drop down menu on our website. You can also contact our data protection officer at dpo@sega.co.uk.

4. ACCOUNTS

   You may need a Product Account to play certain SEGA Products. Where you create an Account to use the SEGA Product, the following additional terms are incorporated herein: https://privacy.sega.com/en/sega-europe-account-terms-of-service
   These accounts are separate and distinct accounts from ones mentioned in Article 13.
   

5. ADDITIONAL TERMS

   Your use of the Game and/or any SEGA service shall be subject to the following additional terms:
   Governing Law and Jurisdiction
   The Agreement including the above Special Provisions shall be governed as to all matters, including validity, construction and performance, by and under the laws of England and Wales without regard to its conflict of laws principles. The courts of England shall be the exclusive court of first instance for any dispute between you and us arising from the Agreement and the above Special Provisions.

In addition to the SEGA EULA terms set out above, this Schedule 1 applies to Open Dev and Closed BETA versions of the game, for the limited purpose of evaluating the applicable Game (as defined below). For the avoidance of doubt, the terms of the SEGA EULA shall apply IN ADDITION to the Open Dev and Closed Beta EULA terms set out below.

BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PLEASE CAREFULLY READ THE SEGA EULA IN CONJUNCTION WITH THE FOLLOWING OPEN DEV AND CLOSED BETA EULA (“COMBINED EULA”). BY DOWNLOADING OR INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS COMBINED EULA, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS GOVERNING THE DISCLOSURE OF CERTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION ("CONFIDENTIAL INFORMATION") BY SEGA CORPORATION OF 1-1-1 NISHI-SHINAGAWA, SHINAGAWA-KU, TOKYO, 141-0033, JAPAN AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “SEGA” OR “We”). IF YOU DO NOT AGREE TO THE COMBINED EULA, DO NOT INSTALL OR DOWNLOAD THE SOFTWARE OR PROMPTLY DELETE THE SOFTWARE PROGRAM.

You have been invited to participate in the open dev or closed beta testing environment for the sole purpose of evaluating certain video games (the “Game”) and identifying bugs (the “Closed BETA”). Nothing in this Combined EULA, shall be interpreted as granting you any rights or privileges of any kind with respect to the Closed BETA. The Game is provided on an "as is" and "as available" basis and SEGA makes no warranty to you of any kind, express or implied.

This pre-release version of the Game and any software programs or files that are provided to you (via online transmission or otherwise) including to 'patch,' or 'update’ (collectively, “Software”), as well as any online or electronic documentation (the "Documentation"), and any and all copies and derivative works of such Software are the copyrighted work of SEGA. All use of the Game and Software is governed by the terms of this Combined EULA. The Game is distributed solely for use by authorised individuals who have received prior authorisation for purposes of testing the Game in accordance with the terms of this Combined EULA ("Testers" or “You”). Any use, reproduction or redistribution of the Game not expressly authorised by the terms of this Combined EULA is expressly prohibited.

Only Testers are permitted to participate in the Closed BETA, and anyone without such authorisation is not eligible to enter into this Combined EULA. In consideration of SEGA's authorisation for You to participate in the Closed BETA, You agree to be bound by the following terms and conditions:

1. 1. Agreement and Conditions of Use.

   1. (a) You must accept this Combined EULA in order to access and play the Game.
   2. (b) 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.

2. 2. Grant of a Limited Use License.

   SEGA hereby grants, and by installing the Game and Software You thereby accept, a limited, non-transferable, non-exclusive license and right to install and use one (1) copy of the Game and Software for Your personal use on Your computing device or hardware which You own or which is under Your personal control.

3. 3. Operation of Closed BETA

   1. (a) When playing the Software, You may accumulate points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular Software build, patch or update completes the testing phase;
   2. (b) By opting in to the Closed BETA, You agree that: (i) participation in the Closed BETA is at Your own risk and that You know that the Software, and/or Closed BETA materials may include known or unknown bugs, (ii) any value or status indicators that You achieve through game play may be erased at any time, (iii) SEGA has no obligation to make the Software available for play without charge for any period of time, nor to make them available at all, and (iv) this Combined EULA will apply to Your use of the Software during the beta testing phase;
   3. (c) As part of the Closed BETA, You may become privy to certain Confidential Information regarding the Software. This Confidential Information shall be held in strict confidence and shall not be disseminated or disclosed to any third party without the express written consent of SEGA. You may also be required to sign a non-disclosure agreement which shall be incorporated into the terms of this Combined EULA. Disclosure of this Confidential Information without the express written consent of SEGA shall result in immediate termination of this Combined EULA ending Your participation in the Closed BETA and shall also be a breach of the non-disclosure agreement. SEGA shall be entitled to pursue all remedies available under Section 14 of the SEGA EULA set out above in this event;
   4. (d) The Software may contain functions for collecting and tracking information related to Testers’ use of the Software. You acknowledge that SEGA does and may collect data derived from Your playing of the Game and Software and SEGA reserves the right to compile, save, use and analyse such information. The collection and storage or the above data and game play is solely for the purposes of facilitating the existing functionality of the Game, assisting SEGA in assessing improvements to it and other games based on general playing patterns and for digital management purposes;
   5. (e) Tester accounts (including but not limited to any key codes provided to allow access to the Game) are non-transferable under any circumstances; and
   6. (f) As part of the Closed BETA, You may be asked to provide suggestions, comments, requests for noticeable bugs and other feedback with respect to the Software (“Feedback”). You hereby grant SEGA the worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up right to: (i) make, have made, use, copy, modify, and create derivative works of the Feedback as part of any SEGA product, technology, service, specification or documentation; (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback identifying You or Your User name as the contributor of the Feedback (and derivative works thereof and improvements thereon); and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

4. 4. Responsibilities of Tester.

   1. (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 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal penalties.
   2. (b) You agree that You shall not, under any circumstances:
   3. (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;
   4. (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;
   5. (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;
   6. (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
   7. (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.
   8. (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. 5. Term of the Open Dev and/or Closed BETA.

   The Game is an 'online' game that allows You to play the Game over the internet. SEGA may, at any time and in its sole discretion, terminate this Combined EULA and/or discontinue the operation or provision of the Game, or any online features or components, with or without notice. In any case, this Combined EULA will terminate immediately upon the end of the Open Dev.

6. 6. Termination.

   This Combined EULA is effective until terminated. For the avoidance of doubt, all of the terms contained in the SEGA EULA shall continue to apply on termination. You may terminate this Combined EULA at any time by: (i) removing the Software from Your hard drive; and (ii) notifying SEGA of Your intention to terminate this Combined EULA. SEGA may terminate this Combined EULA 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 Combined EULA for any reason, all licenses granted herein shall immediately terminate.

7. 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. 8. 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. 

In addition to the SEGA EULA and Open Dev and Closed BETA terms above, the Modding Terms are incorporated herein. For the avoidance of doubt, the Modding Terms shall apply IN ADDITION to the EULA, and Open Dev and Closed Beta EULA terms set out above.

MODDING TERMS

Where possible, SEGA encourages its users to express their creativity and enhance the experience of certain games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with the Product (“Mod” or “Mods”). In order to protect SEGA, the Product, any third-party licensors that have licensed intellectual property to SEGA for use in the Product, and users that create Mods, the following terms apply (“Modding Terms”). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods.

1. Please note that SEGA prohibits the creation of Mods for certain games. This may be due to third party licensing issues which prevent SEGA from allowing its users to create Mods. In such instances, you shall not be entitled to create Mods for that Product and the Modding Terms shall not apply.

2. Pattern A

   You can find out which Products allow for the creation of Mods by visiting the applicable Modding Page (as defined below). If you are unsure as to whether the creation of Mods is prohibited for your Product, please contact SEGA’s Customer Service Centre (sfcc@customersupport.sega.com). Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.

3. Pattern B

   You can find out which Products allow for the creation of Mods by visiting the applicable Modding Page (as defined below). If you are unsure as to whether the creation of Mods is prohibited for your Product, please contact SEGA’s Customer Service Department (customersupportuk@sega.co.uk). Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to these terms. The licence we provide to you to create and use Mods with the Product may be revoked if you breach the Modding Terms.

1. 1. OWNERSHIP

   You acknowledge that you shall have no ownership or other proprietary interest in the Product and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in the Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of SEGA and its licensors.
   You shall not be entitled to any compensation for the creation of Mods except as part of a separate express agreement between you and SEGA. You also agree that SEGA may use the Mod in any manner it deems appropriate.
   

2. 2. LICENCE

   Subject to your compliance with the terms and conditions of the SEGA EULA and the Modding Terms, SEGA hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by SEGA (“Modding Tools”) solely and exclusively to create Mods for use with the Product and to publish those Mods on the applicable SEGA approved third party Modding webpage for the Product (“Modding Libraries”). Please note that certain Modding Libraries may be owned and operated by third parties such as Valve (https://store.steampowered.com/), EPIC (https://www.epicgames.com/store/en-US/) and mod.io https://mod.io/ (collectively, the “Third Party Platforms”) and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.
   You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the SEGA EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
   In consideration of the above grant of rights, you hereby grant SEGA, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way SEGA and/or any Third Party Platforms see fit for use with the Product. You waive and agree never to assert against SEGA or its affiliates, licensors, or the Third Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.

3. 3. CONTENT RESTRICTIONS

   Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Libraries and shall warrant and represent to SEGA and any Third Party Platform that your Mods do not contain:
   1. 1. any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of SEGA and/or its licensors;
   2. 2. any resemblance to any recognisable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by SEGA within the Modding Tools as necessary for the creation of the Mod for use with the Product;
   3. 3. any assets from other games published by SEGA and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
   4. 4. any materials which do not comply with any additional instructions provided to you by SEGA and/or the Third Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by SEGA and/or the Third Party Platforms from time to time;
   5. 5. any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Product.
4. SEGA does not pre-vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. SEGA and the Third Party Platforms reserve the right, in their sole and final discretion, to remove, disable, block, edit or move any Mods from the Modding Libraries for any reason in its sole discretion including if SEGA determines the Mods violates this Agreement. To the maximum extent permitted by applicable law, SEGA does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.

5. 4. INDEMNIFICATION

   You agree to indemnify, defend and hold SEGA and its parent companies, affiliates, licensors, licensees, contractors, officers, directors, employees, agents and the Third Party Platforms harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation of these terms.

6. 5. OUR LIABILITY

   WE PROVIDE THE PRODUCT, THE MODDING TOOLS AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGA IS TO STOP USING THE PRODUCT (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL SEGA AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE PRODUCT, THE MODDING TOOLS AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SEGA AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

7. 6. TERMINATION

   SEGA and the Third Party Platforms reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Libraries at any time for any reason. If you commit any breach of Section 2 and 3 of the Modding Terms, your licence to use the Product, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to SEGA to use any Mods which you create and publish to the Modding Libraries shall survive termination.
   Because SEGA would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SEGA shall be entitled 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.

8. 7. MISCELLANEOUS

   This Agreement represents the complete agreement between you and SEGA concerning Mods and the Modding Tools 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 or modify these terms at any time, in any manner, without any liability to SEGA and at SEGA’s sole discretion. Any amendment or modification to these terms shall be made available at http://www.sega.co.uk/EULA.

FOR RESIDENTS IN THE UNITED STATES AND CANADA, THIS AGREEMENT AND THE REGION TWO SPECIAL PROVISIONS ARE BETWEEN YOU AND SEGA OF AMERICA, INC., A CALIFORNIA CORPORATION. FOR RESIDENTS IN THE UNITED STATES AND CANADA, the following Special Provisions shall apply. THE FULL TERMS OF THE ARBITRATION AGREEMENT BETWEEN YOU AND SEGA ARE INCLUDED BELOW.

1. NOTICE FOR CALIFORNIA USERS

   : Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

2. NOTICE TO NEW JERSEY USERS

   : The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

1. 1. FOR RESIDENTS IN THE UNITED STATES AND CANADA–BINDING ARBITRATION AND CLASS ACTION WAIVER

2. This Section 1 applies to you if reside in or acquired and use the Product in the United States or Canada.

   1. IBinding Arbitration

      : You and SEGA (each a “party” for purposes of this section, and collectively “the parties”) agree that all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), our relationship with each other, or your use of the Product shall be finally settled solely by binding arbitration unless the claim is within the exceptions described below. THIS AGREEMENT MEANS THAT YOU AND SEGA AGREE TO NOT HAVE SUCH CLAIMS RESOLVED IN A TRIAL BY A JUDGE OR JURY. This Agreement applies to all kinds of claims, including legal, equitable, or statutory claims, under any legal theory, including ones that have already accrued. It also applies even after you stop using or delete, destroy, or otherwise no longer possess the Product. If you or SEGA brings a claim in court that is subject to arbitration under this section, either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator, and not a court, shall have the exclusive authority to decide whether any portion of this section is valid or enforceable, or whether it applies to a claim.

   2. Initial Dispute Resolution

      : Before you commence arbitration of a claim against SEGA, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address, phone number, a detailed description of the dispute, proof of agreement between you and SEGA, and the relief you seek. Any Notice of Dispute you send to us should be emailed to soalegal@segaamerica.com with the subject line “Notice of Dispute.” Before we commence arbitration of a claim against you, we will send you a Notice of Dispute by email or mail, or other appropriate means, including a detailed description of the dispute, proof of agreement between us and you, and the relief we seek. The statute of limitations is tolled from the date of the submission of the Notice of Dispute. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received (the “Initial Dispute Resolution Period”), you or we may commence arbitration. A Notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or SEGA later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant Notice of Dispute, you and SEGA agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and SEGA authorise the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on the terms of this Agreement and the Notice of Dispute (if any) that you or SEGA provided before commencing arbitration.

   3. Arbitration Process

      : An arbitration proceeding shall be held before a neutral arbitrator and not a judge or a jury, so you and SEGA agree to give up the right to a trial before a judge or jury. An arbitration proceeding has different rules than a lawsuit in a court. For example, arbitration is less formal and usually provides for more limited information sharing between the parties in the process called discovery. After the arbitrator decides the outcome, that decision will be final and you or SEGA will generally not be able to change the outcome in a court.
      
      This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
      
      
      
   4. You and SEGA agree that the arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules (“JAMS Rules”), as appropriate, excluding any rules or procedures governing or permitting class actions. But if there is a conflict between this Agreement and the JAMS Rules, then we will follow this Agreement. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules but shall not incorporate the JAMS Class Action Procedures. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation. Each party will pay its own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge. If, for any reason, JAMS is either not available or refuses to resolve the arbitration, the arbitration will be administered by AAA using its Consumer Arbitration Rules. In the case of Mass Arbitration, defined below, the JAMS Rules do not apply, and the Mass Arbitration will be governed according to the terms set forth under the heading “Exception to Agreement to Arbitrate – Mass Arbitration.”

   5. Location

      : The arbitration will take place in Los Angeles County, California or in the county or province where you reside. You and SEGA agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

   6. Class Action Waiver

      : The parties further agree that any arbitration or court proceeding shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. As a result:
      1. • YOU CANNOT BRING A CLAIM AGAINST SEGA AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR ANY OTHER COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
   7. This waiver is subject to the exception for Mass Arbitration set forth below under the heading, “Exception to Agreement to Arbitrate – Mass Arbitration.” If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
      

      Exceptions to Agreement to Arbitrate

      : We agree that we each will still have the right to go to court to resolve the following claims:
      1. • Claims about SEGA’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents).
      2. • Claims related to piracy or tortious interference.
      3. • Claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitrate.
      4. • Claims in small claims court.
      Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction subject to the venue requirements described in Section 2.

   8. Exception to Agreement to Arbitrate – Mass Arbitration

      : If 20 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a "Mass Arbitration." If a Mass Arbitration is commenced, you and we agree that it will be administered by JAMS Mass Arbitration Procedures and Guidelines (the "JAMS Mass Arbitration Rules"), and under the rules set forth in this Agreement. If there is a conflict between this Agreement and the JAMS Mass Arbitration Rules, then we will follow this Agreement. The JAMS Mass Arbitration Rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. You and we agree that all demands part of the same Mass Arbitration will be consolidated into a single group and that a panel of three arbitrators, chosen according to applicable JAMS rules, with fees assessed to each side according to the JAMS Mass Arbitration Procedures Fee Schedule, will decide (i) any dispositive motions, (ii) all common issues of fact or law, and (iii) any common damages issues. If any claims or issues are unresolved after adjudication by the three-arbitrator panel, the parties shall engage in mediation, the fees for which shall be equally born by both sides, to attempt in good faith to settle the remaining demands. If settlement is not reached, the remaining demands shall be batched together in groups of 100, or groups of 10 if the total number of demands is less than 200, and each group shall be resolved by a single arbitrator chosen according to applicable JAMS Mass Arbitration Rules. During the batching phase, you and we agree that any procedures not provided for by this Agreement and the JAMS Mass Arbitration Rules will be decided according to JAMS Streamlined Arbitration Rules & Procedures, which are available at http://www.jamsadr.com or by calling 1-800-352-5267. If, for any reason, JAMS is either not available or refuses to resolve the Mass Arbitration, the Mass Arbitration will be administered by FedArb using its Framework for Mass Arbitration Proceedings ADR-MDL.

   9. 30 Day Right to Opt Out

      : You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending written notice of your decision to opt-out to the following address: SEGA, 140 Progress, Suite #100, Irvine, CA 92618; Attn. Legal & Business Affairs Department. The notice must include the following information:
      1. • Your full name.
      2. • Your address.
      3. • The name of Product you purchased and the date you purchased it or, if no purchase was made, the date that you first accessed or used the Product.
      4. • All usernames or identifiers you use to access or use the Product, if any.
      5. • Your signature.
      The notice must be sent within 30 days of purchasing the Product (or if no purchase was made, then within 30 days of the date on which you first access or use the Product and agree to these terms); otherwise you shall be bound to arbitrate disputes in accordance with this section. If you opt-out of these arbitration provisions, SEGA also will not be bound by them.

3. 2. Miscellaneous

   1. Applicable Law

      : If you are a resident of the United States or Canada, any dispute arising out of or related to this Agreement shall be governed in all respects by the laws of the State of California of the United States of America without regard to conflict of law provisions. If you are a resident of the United States or Canada, the United States Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate and class action waiver provisions of Section 1.

   2. enue for Disputes Not Subject to Arbitration

      : If you are a resident of the United States or Canada, any dispute not subject to arbitration under this Agreement must be resolved exclusively in either the Superior Court of the State of California for Los Angeles County or the United States District Court for the Central District of California at Los Angeles.

FOR RESIDENTS IN JAPAN, OTHER ASIAN COUNTRIES (or regions, excluding Middle Eastern countries or regions), CENTRAL AND SOUTH AMERICA, THIS AGREEMENT AND REGION THREE SPECIAL PROVISIONS (DEFINED BELOW) ARE BETWEEN YOU AND SEGA CORPORATION, A COMPANY REGISTERED IN JAPAN, AND THE FOLLOWING SPECIAL PROVISIONS (the “Region Three Special Provisions”) (EXCLUDING SCHEDULES 1& 2) SHALL APPLY.

“Asian Countries (or regions)” as defined above shall include: India, China, Indonesia, Pakistan, Bangladesh, Philippines, Vietnam, Thailand, Myanmar, South Korea, North Korea, Uzbekistan, Malaysia, Sri Lanka, Kazakhstan, Cambodia, Tajikistan, Laos, Turkmenistan, Kyrgyzastan, Singapore, State of Palestine, Oman, Georgia, Mangolia, Armenia, Nahrain, Tmor-Leste, Bhutan, Taiwan, Hong Kong, Macao, Turkey, Afghanistan, Lebanon, Armenia

Supplemental Terms and Conditions for residents of Japan, other Asian countries (or regions, excluding Middle Eastern countries or regions), Central and South America

The Agreement and the Region Three Special Provisions shall be governed as to all matters, including validity, construction and performance, by and under the laws of Japan notwithstanding any provision of the Agreement and Special Provisions. The Tokyo District Court of Japan shall be the exclusive court of first instance for any dispute between you and us arising from the Agreement and the Special Provisions.

Supplemental Terms and Conditions for Residents of Japan;

1. 1. Official language of the Agreement and Special Provisions for Japan

   The Agreement and Special Provisions shall be in Japanese and shall prevail over any other language version, and any English or other translation shall be treated as a reference only.

2. 2. Special provisions for transactions with minors in Japan only

   If you are a minor (under 18 years of age) or other person with limited capacity, please be sure to obtain the consent of your legal representative (guardian, person with parental authority, etc.) before agreeing to and accepting these Agreement and Special Provisions.

3. 3. Special provisions regarding the Payment Services Act in Japan only

   1. (1) The content displayed as a prepaid means of payment on the page separately titled "Information Based on the Act on Specified Commercial Transactions" and "Information based on Payment Services Act" is treated as a “Prepaid Payment Instruments” in accordance with the Payment Services Act.
   2. (2) Other Content purchased with such “Prepaid Payment Instruments” shall be deemed to have been delivered with the relevant goods or services at the time of purchase and shall not constitute a “Prepaid Payment Instruments”.
   3. (3) We may set a maximum limit on your holdings of “Prepaid Payment Instruments”, and you may not purchase or hold “Prepaid Payment Instruments” in excess of such limit.
   4. (4) In order to use individual paid services provided by us (hereinafter referred to as "Individual Paid Services"), you must use the “Prepaid Payment Instruments” specified in the Product, and you must use the “Prepaid Payment Instruments” at the time you agree to use such Individual Paid Services.
   5. (5) Unless otherwise expressly stated by us, the “Prepaid Payment Instruments” purchased by you may only be used for the Product and may not be used for any other games, applications or other services.
   6. (6) You may not transfer, lend, pledge or offer as collateral any purchased “Prepaid Payment Instruments” to any third party, except as expressly permitted by us. In addition, we prohibit you from engaging in, offering to engage in, or soliciting such activities.
   7. (7) If you permanently suspend your Account or delete your User Account or User Data using the "Delete User Data" function, the “Prepaid Payment Instruments” shall expire upon such suspension or deletion.
   8. (8) You will not be entitled to a refund or credit for any “Prepaid Payment Instruments”, unless otherwise specified by us, due to the termination of services related to the Product or for any other reason. We reserve the right to terminate the provision of services related to the Product upon 60 days' notice or upon notice to you.
4. 4. Special clause on liability for damages
   1. (1) In the event that you suffer any damage in connection with the use of this Product, our liability shall be limited to the actual and direct damage suffered by you and we shall not be liable for any damage arising from special circumstances, lost profits, indirect damage or other damage, whether foreseeable or not. However, this shall not apply in the event of intent or gross negligence on our part.
   2. (2) In the event that you infringe upon our rights or interests in the use of the Product, we may seek damages from you.
5. 5. Covenant on Intellectual Property Rights
   
   1. (1) Notwithstanding any other provision of this Agreement, in Japan only, the provisions of the "Streaming Guideline" set forth for SEGA and the "Derivative Works Usage Guidelines" and/or similar provisions set forth for each Product shall prevail with respect to the User-Generated Content and the Game Footage associated with that Product.
   2. (2) If we are granted a license to copyrights under the terms of the Agreement and Special Provisions, such copyrights shall include the rights set forth in Sections 27 and 28 of the Copyright Act.
6. 6. This Product uses “Firebase Crashlytics” provided by Google LLC (hereinafter referred to as “Google”) for the purpose of improving quality and fixing bugs. As a result, SEGA will send crash reports including device ID, app ID, device information, IP address, and in-app behaviour data to Google. Crash reports will not be used to identify you. In addition to these terms, the Firebase Crashlytics Terms of Service and Google Privacy Policy apply. Information obtained by Google will be handled in accordance with Google's Terms of Service and Privacy Policy. For details, please check Google's Firebase Crashlytics Terms of Service (external site) https://firebase.google.com/terms/crashlyticsGoogle and Privacy Policy (external site) https://policies.google.com/privacy.
7. 7. This Product uses “AppsFlyer” provided by AppsFlyer Ltd. for the purpose of improving quality and analysing various data. As a result, SEGA will send device IDs, app IDs, device information, IP addresses, information about countries and regions, and in-app behavioural data to AppsFlyer Ltd. This information will not be used to identify you. For information on how AppsFlyer Ltd. uses this information, please see AppsFlyer Ltd.'s privacy policy (external site) https://www.appsflyer.com/legal/services-privacy-policy/
8. 8. This Product uses “Adfuri-kun” provided by Glossom Inc. for the purpose of measuring and analysing advertising effectiveness and awarding advertising results. As a result, our company will send user IDs to Glossom Inc. This information will not be used to identify you. For information on how Glossom Inc. uses this information, please see Glossom Inc.'s policy (external site) https://adfurikun.jp/adfurikun/cms/detail/code/9998