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PlayStation — PlayStation 5 System Software License Agreement
| Snapshot 2026-10-14 08:19 UTC | Snapshot 2026-10-21 08:22 UTC | ||||
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| n | 1 | # PLAYSTATION®5 SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.12) | n | 1 | # PLAYSTATION®5 SYSTEM SOFTWARE LICENSE AGREEMENT (Version 2.0) |
| 2 | 2 | ||||
| 3 | PLEASE READ THIS PLAYSTATION®5 SYSTEM SOFTWARE LICENSE AGREEMENT ("AGREEMENT") C | 3 | PLEASE READ THIS PLAYSTATION®5 SYSTEM SOFTWARE LICENSE AGREEMENT ("AGREEMENT") C | ||
| > | AREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. | > | AREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. | ||
| 4 | 4 | ||||
| n | 5 | THIS AGREEMENT IS BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT INC. ("SIE INC" | n | 5 | THIS AGREEMENT IS BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT INC. ("SIE"). A |
| > | ). ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN SIE INC's PLAYSTATION®5 SYSTEM ("P | > | CCESS TO OR USE OF THE SYSTEM SOFTWARE IN SIE's PLAYSTATION®5 SYSTEM ("PS5 SYSTE | ||
| > | S5 SYSTEM") IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TE | > | M") IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TERMS. BY | ||
| > | RMS. BY USING YOUR PS5 SYSTEM, YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING IN | > | USING YOUR PS5 SYSTEM, YOU REPRESENT THAT YOU ARE CAPABLE OF ENTERING INTO A CON | ||
| > | TO A CONTRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS | > | TRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMEN | ||
| > | AGREEMENT'S TERMS. | > | T'S TERMS. | ||
| 6 | 6 | ||||
| n | 7 | You are accepting this Agreement on your behalf and on behalf of other people wh | n | 7 | You are accepting this Agreement on your behalf and on behalf of other people wh |
| > | o access or use: (i) your PS5 system; or (ii) your PS5 system account or your ac | > | o access or use: (i) your PS5 system; or (ii) your PS5 system account or your ac | ||
| > | count for PlayStation ("Account") associated with this PS5 system. You are respo | > | count on PlayStation ("Account") associated with this PS5 system. You are respon | ||
| > | nsible for other people's use of your PS5 system and for their compliance with t | > | sible for other people's use of your PS5 system and for their compliance with th | ||
| > | his Agreement's terms. | > | is Agreement's terms. | ||
| 8 | 8 | ||||
| n | 9 | SIE Inc reserves the right, from time to time to change the terms of this Agreem | n | 9 | SIE reserves the right, from time to time to change the terms of this Agreement. |
| > | ent. The most current version of this Agreement will supersede all previous vers | > | The most current version of this Agreement will supersede all previous versions | ||
| > | ions. | > | . | ||
| 10 | 10 | ||||
| n | 11 | This Agreement applies to any system software, firmware and Internet browser sof | n | 11 | This Agreement applies to any system software, firmware and Internet browser sof |
| > | tware and other application software included in your PS5 system and any patches | > | tware and other application software included in your PS5 system and any patches | ||
| > | , updates, upgrades or new versions of that system software, firmware and Intern | > | , updates, upgrades or new versions of that system software, firmware and Intern | ||
| > | et browser software and other application software provided to or made available | > | et browser software and other application software provided to or made available | ||
| > | for your PS5 system through any SIE Inc or Sony service or online network, Play | > | for your PS5 system through any SIE or Sony service or online network, PlayStat | ||
| > | Station services, SIE Inc website or PS5 game media. All software and firmware d | > | ion services, SIE website or PS5 game media. All software and firmware described | ||
| > | escribed in this paragraph is referred to collectively as "System Software" thro | > | in this paragraph is referred to collectively as "System Software" throughout t | ||
| > | ughout this Agreement. | > | his Agreement. | ||
| 12 | 12 | ||||
| n | 13 | If you are in Europe, Middle East, Africa, Australia, Oceania, India, the Russia | n | 13 | All games and other software made available for use with your PS5 system are lic |
| > | n Federation or Ukraine, all games and other software made available for use wit | > | ensed to you, not sold, pursuant to the PlayStation Software Application End Use | ||
| > | h your PS5 system are licensed to you, not sold, pursuant to the Software Usage | > | r License Agreement which can be found at https://www.playstation.com/legal/soft | ||
| > | Terms which can be found at https://www.playstation.com/legal/software-usage-ter | > | ware-eula- . | ||
| > | ms/ . | ||||
| 14 | 14 | ||||
| n | 15 | If you are in North America, South America or Central America, all games and oth | n | ||
| > | er software made available for use with your PS5 system are licensed to you, not | ||||
| > | sold, pursuant to the Software Product License Agreement which can be found at | ||||
| > | http://us.playstation.com/softwarelicense . | ||||
| 16 | |||||
| 17 | NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY IN NORTH, C | 15 | NOTE: IF YOU ARE A UNITED STATES RESIDENT OR A RESIDENT OF A COUNTRY IN NORTH, C | ||
| > | ENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT | > | ENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT | ||
| > | CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN S | > | CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN S | ||
| > | ECTION 8 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY " | > | ECTION 8.1 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY | ||
| > | DISPUTE" (AS DEFINED IN SECTION 8) BETWEEN YOU AND A "SONY ENTITY" (AS DEFINED I | > | "DISPUTE" (AS DEFINED IN SECTION 8.1) BETWEEN YOU AND A "SONY ENTITY" (AS DEFIN | ||
| > | N SECTION 8). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS A | > | ED IN SECTION 8.1). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND C | ||
| > | CTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 8. | > | LASS ACTION WAIVER PROVISIONS AS DESCRIBED IN SECTION 8.1. | ||
| 18 | 16 | ||||
| 19 | **1. LICENSE GRANT** | 17 | **1. LICENSE GRANT** | ||
| 20 | 18 | ||||
| n | 21 | Subject to this Agreement's terms, SIE Inc grants you a non-exclusive, non-comme | n | 19 | Subject to this Agreement's terms, SIE grants you a non-exclusive, non-commercia |
| > | rcial right to use System Software solely on your PS5 system. Your rights to use | > | l right to use System Software solely on your PS5 system. Your rights to use pre | ||
| > | previous versions of System Software other than the current version of System S | > | vious versions of System Software other than the current version of System Softw | ||
| > | oftware terminates as soon as you can receive or have the most current version o | > | are terminates as soon as you can receive or have the most current version of Sy | ||
| > | f System Software installed on your PS5 system. | > | stem Software installed on your PS5 system. | ||
| 22 | 20 | ||||
| n | 23 | Certain license terms for SIE Inc-licensed, third-party software or service may | n | 21 | Certain license terms for SIE-licensed, third-party software or service may requ |
| > | require that SIE Inc provide you with notices and license terms for that third-p | > | ire that SIE provide you with notices and license terms for that third-party sof | ||
| > | arty software or service. These notices and license terms are available to you a | > | tware or service. These notices and license terms are available to you at https: | ||
| > | t https://doc.dl.playstation.net/doc/ps5-oss/ or any other place which SIE Inc t | > | //doc.dl.playstation.net/doc/ps5-oss/ or any other place which SIE thinks approp | ||
| > | hinks appropriate. | > | riate. | ||
| 24 | 22 | ||||
| n | 25 | All rights to use System Software are granted by license only, and you are not g | n | 23 | All rights to use System Software are granted by license only, and you are not g |
| > | ranted any ownership rights or interests in System Software. SIE Inc and its lic | > | ranted any ownership rights or interests in System Software. SIE and its licenso | ||
| > | ensors retain all intellectual property rights in System Software. All use of or | > | rs retain all intellectual property rights in System Software. All use of or acc | ||
| > | access to System Software is subject to this Agreement's terms and applicable i | > | ess to System Software is subject to this Agreement's terms and applicable intel | ||
| > | ntellectual property laws. Except as this Agreement expressly grants, SIE Inc an | > | lectual property laws. Except as this Agreement expressly grants, SIE and its li | ||
| > | d its licensors reserve all rights in System Software. | > | censors reserve all rights in System Software. | ||
| 26 | 24 | ||||
| 27 | **2. RESTRICTIONS** | 25 | **2. RESTRICTIONS** | ||
| 28 | 26 | ||||
| n | 29 | You may not lease, rent, sublicense, publish, modify, patch, adapt or translate | n | 27 | You may not lease, rent, sublicense, publish, modify, patch, adapt or translate |
| > | System Software. You may not reverse engineer, decompile or disassemble System S | > | System Software. You may not reverse engineer, decompile or disassemble System S | ||
| > | oftware, create System Software derivative works, or attempt to create System So | > | oftware, create System Software derivative works, or attempt to create System So | ||
| > | ftware source code from its object code. You may not (i) use any unauthorized, i | > | ftware source code from its object code. You may not (i) use any unauthorized, i | ||
| > | llegal, counterfeit or modified hardware or software with System Software; (ii) | > | llegal, counterfeit or modified hardware or software with System Software; (ii) | ||
| > | use tools to bypass, disable or circumvent any PS5 system encryption, security o | > | use tools to bypass, disable or circumvent any PS5 system encryption, security o | ||
| > | r authentication mechanism; (iii) reinstall earlier versions of the System Softw | > | r authentication mechanism; (iii) reinstall earlier versions of the System Softw | ||
| > | are ("downgrading"); (iv) violate any laws, regulations or statutes or rights of | > | are ("downgrading"); (iv) violate any laws, regulations or statutes or rights of | ||
| > | SIE Inc or third parties in connection with your access to or use of System Sof | > | SIE or third parties in connection with your access to or use of System Softwar | ||
| > | tware; (v) use any hardware or software to cause System Software to accept or us | > | e; (v) use any hardware or software to cause System Software to accept or use un | ||
| > | e unauthorized, illegal or pirated software or hardware; (vi) obtain System Soft | > | authorized, illegal or pirated software or hardware; (vi) obtain System Software | ||
| > | ware in any manner other than through SIE Inc's authorized distribution methods; | > | in any manner other than through SIE's authorized distribution methods; or (vii | ||
| > | or (vii) exploit System Software in any manner other than to use it with your P | > | ) exploit System Software in any manner other than to use it with your PS5 syste | ||
| > | S5 system according to the accompanying documentation and with authorized softwa | > | m according to the accompanying documentation and with authorized software or ha | ||
| > | re or hardware, including use of System Software to design, develop, update or d | > | rdware, including use of System Software to design, develop, update or distribut | ||
| > | istribute unauthorized software or hardware for use in connection with your PS5 | > | e unauthorized software or hardware for use in connection with your PS5 system. | ||
| > | system. | ||||
| 30 | 28 | ||||
| 31 | These restrictions will be construed to apply to the greatest extent permitted b | 29 | These restrictions will be construed to apply to the greatest extent permitted b | ||
| > | y the law in your jurisdiction. | > | y the law in your jurisdiction. | ||
| 32 | 30 | ||||
| 33 | **3. SERVICES AND UPDATES; THIRD PARTY AGREEMENTS AND CONTENT** | 31 | **3. SERVICES AND UPDATES; THIRD PARTY AGREEMENTS AND CONTENT** | ||
| 34 | 32 | ||||
| n | 35 | SIE Inc may provide you with certain System Software updates, upgrades or servic | n | 33 | SIE may provide you with certain System Software updates, upgrades or services. |
| > | es. Some updates, upgrades or services may be provided automatically when you si | > | Some updates, upgrades or services may be provided automatically when you sign i | ||
| > | gn in with your Account and others may be available to you through SIE Inc's web | > | n with your Account and others may be available to you through SIE's website or | ||
| > | site or authorized channels. You consent to SIE Inc providing you these automati | > | authorized channels. You consent to SIE providing you these automatic updates, u | ||
| > | c updates, upgrades and services. Services may include the latest update or down | > | pgrades and services. Services may include the latest update or download of a ne | ||
| > | load of a new release of System Software containing security patches, new techno | > | w release of System Software containing security patches, new technology or revi | ||
| > | logy or revised settings and features that may prevent access to unauthorized or | > | sed settings and features that may prevent access to unauthorized or pirated con | ||
| > | pirated content or prevent use of unauthorized hardware or software in connecti | > | tent or prevent use of unauthorized hardware or software in connection with your | ||
| > | on with your PS5 system. These updates, upgrades and services may have effects o | > | PS5 system. These updates, upgrades and services may have effects on the functi | ||
| > | n the functionality of your PS5 system, and SIE Inc is not responsible to you fo | > | onality of your PS5 system, and SIE is not responsible to you for any such effec | ||
| > | r any such effects or any harm caused by the installation process. | > | ts or any harm caused by the installation process. | ||
| 36 | 34 | ||||
| n | 37 | You must install or have installed the most current version of System Software a | n | 35 | You must install or have installed the most current version of System Software a |
| > | s soon as you reasonably can. Some updates, upgrades or services may change your | > | s soon as you reasonably can. Some updates, upgrades or services may change your | ||
| > | current settings, cause a loss of data or content or cause functionality or fea | > | current settings, cause a loss of data or content or cause functionality or fea | ||
| > | ture loss. SIE Inc recommends that you regularly back up all data that you can. | > | ture loss. SIE recommends that you regularly back up all data that you can. | ||
| 38 | 36 | ||||
| 39 | Third parties may make other services or content available to you, and they may | 37 | Third parties may make other services or content available to you, and they may | ||
| > | require you to accept their separate terms and conditions and privacy policy. Sy | > | require you to accept their separate terms and conditions and privacy policy. Sy | ||
| > | stem Software may refer to, display or provide you with links to websites or con | > | stem Software may refer to, display or provide you with links to websites or con | ||
| > | tent that third parties independently operate or maintain ("Third Party Content | > | tent that third parties independently operate or maintain ("Third Party Content | ||
| > | and Links"). | > | and Links"). | ||
| 40 | 38 | ||||
| n | 41 | SIE Inc and its affiliated companies do not control or direct Third Party Conten | n | 39 | SIE and its affiliated companies do not control or direct Third Party Content an |
| > | t and Links nor do SIE Inc and its affiliated companies monitor, approve, endors | > | d Links nor do SIE and its affiliated companies monitor, approve, endorse, warra | ||
| > | e, warrant or sponsor any Third Party Content and Links. SIE Inc and its affilia | > | nt or sponsor any Third Party Content and Links. SIE and its affiliated companie | ||
| > | ted companies have no liability to you for any Third Party Content and Links. Yo | > | s have no liability to you for any Third Party Content and Links. Your reliance | ||
| > | ur reliance on any Third Party Content and Links is at your own risk, and you as | > | on any Third Party Content and Links is at your own risk, and you assume all res | ||
| > | sume all responsibilities and consequences resulting from your reliance. | > | ponsibilities and consequences resulting from your reliance. | ||
| 42 | 40 | ||||
| n | 43 | Please see your PS5 system documentation for information on possible access cont | n | 41 | Please see your PS5 system documentation for information on possible access cont |
| > | rols to Third Party Content and Links via your PS5 system's or PlayStation's par | > | rols to Third Party Content and Links via your PS5 system's or PlayStation’s par | ||
| > | ental controls. | > | ental controls. | ||
| 44 | 42 | ||||
| 45 | **4. COLLECTION OF INFORMATION/ AUTHENTICATION** | 43 | **4. COLLECTION OF INFORMATION/ AUTHENTICATION** | ||
| 46 | 44 | ||||
| n | 47 | All data collected from this PS5 system is processed in accordance with the SIE | n | 45 | All data collected from this PS5 system is processed in accordance with the SIE |
| > | Privacy Policy for your region. For more information about what personal informa | > | Privacy Policy for your region. For more information about what personal informa | ||
| > | tion is collected, why it is collected, where and how it is processed, who it is | > | tion is collected, why it is collected, where and how it is processed, who it is | ||
| > | shared with, and your legal rights, please see the SIE Privacy Policy for your | > | shared with, and your legal rights, please see the SIE Privacy Policy for your | ||
| > | account country, which can be accessed from your device settings or by visiting | > | account country, which can be accessed from your device settings or by visiting | ||
| > | www.playstation.com/legal/privacy-policy . | > | www.playstation.com/legal/privacy-policy . For residents in the European Union, | ||
| > | for more information regarding the data generated by your connected product(s) a | ||||
| > | nd related service(s) and to learn more about how to request that data, please s | ||||
| > | ee the SIE Pre-Contractual Notice by visiting https://www.playstation.com/legal/ | ||||
| > | eu-data-act/ . | ||||
| 48 | 46 | ||||
| 49 | To the fullest extent permitted by law, residents of the United States, countrie | 47 | To the fullest extent permitted by law, residents of the United States, countrie | ||
| > | s in North, Central, or South America, Japan or country/area located in East Asi | > | s in North, Central, or South America, Japan or country/area located in East Asi | ||
| > | a or Southeast Asia, you hereby waive any rights or expectation of privacy, conf | > | a or Southeast Asia, you hereby waive any rights or expectation of privacy, conf | ||
| > | identiality, or publicity for any information in your gameplay or communications | > | identiality, or publicity for any information in your gameplay or communications | ||
| > | via your PS5 system, except as described in the PS5 User's Guide and Privacy Po | > | via your PS5 system, except as described in the PS5 User's Guide and Privacy Po | ||
| > | licy for your region. | > | licy for your region. | ||
| 50 | 48 | ||||
| 51 | **5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY** | 49 | **5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY** | ||
| 52 | 50 | ||||
| n | 53 | System Software is provided "AS IS" without any express or implied warranties, e | n | 51 | System Software is provided "AS IS" without any express or implied warranties, e |
| > | xcept as provided for under your statutory consumer rights under applicable loca | > | xcept as provided for under your statutory consumer rights under applicable loca | ||
| > | l laws. SIE Inc, its affiliated companies and licensors expressly disclaim any i | > | l laws. SIE, its affiliated companies and licensors expressly disclaim any impli | ||
| > | mplied warranty of merchantability, warranty of fitness for a particular purpose | > | ed warranty of merchantability, warranty of fitness for a particular purpose and | ||
| > | and warranty of non-infringement. | > | warranty of non-infringement. | ||
| 54 | 52 | ||||
| n | 55 | IN NO EVENT ARE SIE INC, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY LOSS OF DAT | n | 53 | IN NO EVENT ARE SIE, ITS AFFILIATES AND LICENSORS LIABLE FOR ANY LOSS OF DATA, L |
| > | A, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, | > | OSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPEC | ||
| > | SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYS | > | IAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING SYSTEM | ||
| > | TEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE | > | SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOR | ||
| > | FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT P | > | EGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMI | ||
| > | ERMITTED BY LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIE | > | TTED BY LAW EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES DO | ||
| > | S DO NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND | > | NOT ALLOW FOR THE ABOVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXC | ||
| > | EXCLUSIONS MAY NOT APPLY TO YOU. | > | LUSIONS MAY NOT APPLY TO YOU. | ||
| 56 | 54 | ||||
| n | 57 | IF YOU RESIDE IN JAPAN OR COUNTRY/AREA LOCATED IN EAST ASIA OR SOUTHEAST ASIA AN | n | 55 | IF YOU RESIDE IN JAPAN OR COUNTRY/AREA LOCATED IN EAST ASIA OR SOUTHEAST ASIA AN |
| > | D IN CASE SIE INC, ITS AFFILIATES AND LICENSORS ARE LIABLE, REGARDLESS OF WHETHE | > | D IN CASE SIE, ITS AFFILIATES AND LICENSORS ARE LIABLE, REGARDLESS OF WHETHER TH | ||
| > | R THE LIABILITY IS ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHET | > | E LIABILITY IS ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY LOSS OR DAMAGE, WHETHER | ||
| > | HER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS | > | DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, HOWEVER ARISING, AS A RE | ||
| > | A RESULT OF ACCESSING OR USING SYSTEM SOFTWARE, NOTWITHSTANDING ANY OTHER PROVIS | > | SULT OF ACCESSING OR USING SYSTEM SOFTWARE, NOTWITHSTANDING ANY OTHER PROVISION | ||
| > | ION OF THIS AGREEMENT, THEIR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES SUFFERE | > | OF THIS AGREEMENT, THEIR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES SUFFERED BY | ||
| > | D BY YOU UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR PS5, UNLESS SIE INC, ITS AFFI | > | YOU UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR PS5, UNLESS SIE, ITS AFFILIATES A | ||
| > | LIATES AND LICENSORS HAVE BEEN WILLFULLY OR GROSSLY NEGLIGENT. SO LONG AS THIS P | > | ND LICENSORS HAVE BEEN WILLFULLY OR GROSSLY NEGLIGENT. SO LONG AS THIS PROVISION | ||
| > | ROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSI | > | IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND | ||
| > | ONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REM | > | DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY REMEDY FAIL | ||
| > | EDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES/AREAS DO NOT ALLOW FOR THE AB | > | S OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES/AREAS DO NOT ALLOW FOR THE ABOVE EXCL | ||
| > | OVE EXCLUSIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY | > | USIONS OR LIMITATIONS, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. | ||
| > | TO YOU. | ||||
| 58 | 56 | ||||
| 59 | If you are in Europe, Middle East, Africa, Australia, Oceania, India, the Russia | 57 | If you are in Europe, Middle East, Africa, Australia, Oceania, India, the Russia | ||
| > | n Federation or Ukraine the following applies to you: | > | n Federation or Ukraine the following applies to you: | ||
| 60 | 58 | ||||
| 72 | 70 | ||||
| 73 | 5.3. Subject to clause 5.1 and 5.2, our liability to you is limited to the price | 71 | 5.3. Subject to clause 5.1 and 5.2, our liability to you is limited to the price | ||
| > | you paid for the hardware associated with the System Software that gave rise to | > | you paid for the hardware associated with the System Software that gave rise to | ||
| > | the liability. | > | the liability. | ||
| 74 | 72 | ||||
| n | 75 | **6. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND SIE INC REMEDIES** | n | 73 | **6. VIOLATION OF AGREEMENT; TERMINATION OF RIGHTS AND SIE REMEDIES** |
| 76 | 74 | ||||
| n | 77 | If SIE Inc determines that you have violated this Agreement's terms, SIE Inc may | n | 75 | If SIE determines that you have violated this Agreement's terms, SIE may itself |
| > | itself or may procure the taking of any action to protect its interests such as | > | or may procure the taking of any action to protect its interests such as disabli | ||
| > | disabling access to or use of some or all System Software, disabling use of thi | > | ng access to or use of some or all System Software, disabling use of this PS5 sy | ||
| > | s PS5 system online or offline, termination of your access to PlayStation servic | > | stem online or offline, termination of your access to PlayStation services, deni | ||
| > | es, denial of any warranty, repair or other services provided for your PS5 syste | > | al of any warranty, repair or other services provided for your PS5 system, imple | ||
| > | m, implementation of automatic or mandatory updates or devices intended to disco | > | mentation of automatic or mandatory updates or devices intended to discontinue u | ||
| > | ntinue unauthorized use, or reliance on any other remedial efforts as reasonably | > | nauthorized use, or reliance on any other remedial efforts as reasonably necessa | ||
| > | necessary to prevent the use of modified or unpermitted use of System Software. | > | ry to prevent the use of modified or unpermitted use of System Software. | ||
| 78 | 76 | ||||
| n | 79 | SIE Inc, its affiliates and licensors reserve the right to bring legal action in | n | 77 | SIE, its affiliates and licensors reserve the right to bring legal action in the |
| > | the event of a violation of this Agreement. SIE Inc may participate in governme | > | event of a violation of this Agreement. SIE may participate in governmental or | ||
| > | ntal or private legal action or investigation relating to your use of System Sof | > | private legal action or investigation relating to your use of System Software. | ||
| > | tware. | ||||
| 80 | 78 | ||||
| 81 | **7. EXPORT CONTROL AND COMPLIANCE WITH LAWS** | 79 | **7. EXPORT CONTROL AND COMPLIANCE WITH LAWS** | ||
| 82 | 80 | ||||
| 83 | System Software may contain technology that is subject to certain restrictions u | 81 | System Software may contain technology that is subject to certain restrictions u | ||
| > | nder export-control laws and regulations. As such, your PS5 system may not be ex | > | nder export-control laws and regulations. As such, your PS5 system may not be ex | ||
| > | ported or re-exported to persons and entities in violation of these laws and reg | > | ported or re-exported to persons and entities in violation of these laws and reg | ||
| > | ulations. You must comply with these laws when using System Software. | > | ulations. You must comply with these laws when using System Software. | ||
| 84 | 82 | ||||
| n | 85 | **8. BINDING INDIVIDUAL ARBITRATION FOR RESIDENTS OF THE UNITED STATES OR COUNTR | n | 83 | **8. BINDING ARBITRATION FOR CERTAIN RESIDENTS** |
| > | IES IN NORTH, CENTRAL, OR SOUTH AMERICA** | ||||
| 86 | 84 | ||||
| n | 87 | The following terms in this Section 8, to the fullest extent permitted under law | n | 85 | 8.1. Residents of Americas Region |
| > | , apply to you if you are a resident of the United States or a country in North, | ||||
| > | Central or South America. | ||||
| 88 | 86 | ||||
| n | 89 | The term "Dispute" means any dispute, claim, or controversy between you and SIE | n | 87 | The following terms in this Section 8, to the fullest extent permitted under app |
| > | Inc, Sony Interactive Entertainment LLC, any of their current or former affiliat | > | licable local law and except where prohibited for individuals resident in the Pr | ||
| > | es, or any predecessor or successor entity to any of the foregoing, including So | > | ovince of Quebec, only apply to you if you are a resident of the United States o | ||
| > | ny Computer Entertainment Inc., Sony Computer Entertainment America LLC, and Son | > | r a country in North, Central, or South America. | ||
| > | y Interactive Entertainment America LLC ("Sony Entity") regarding any and all us | ||||
| > | es of System Software, including but not limited to, the collection, use, storag | ||||
| > | e or disclosure of data resulting from any use of System Software, whether based | ||||
| > | in contract, statute, regulation, ordinance, tort (including fraud, misrepresen | ||||
| > | tation, fraudulent inducement or negligence), or any other legal or equitable th | ||||
| > | eory, and includes the validity, enforceability or scope of this Section 8 (with | ||||
| > | the exception of the enforceability of the Class Action Waiver clause below). " | ||||
| > | Dispute" has the broadest possible meaning that will be enforced. | ||||
| 90 | 88 | ||||
| n | 91 | If you have a Dispute (other than one described as excluded from arbitration bel | n | 89 | 8.1.1. Purpose. |
| > | ow) with any Sony Entity or a Sony Entity's officers, directors, employees and a | ||||
| > | gents ("Adverse Sony Entity") that cannot be resolved through negotiation as req | ||||
| > | uired below, you and the Adverse Sony Entity must seek resolution of the Dispute | ||||
| > | only through arbitration of that Dispute according to Section 8's terms and not | ||||
| > | litigate that Dispute in court. Arbitration means that the Dispute will be reso | ||||
| > | lved by a neutral arbitrator instead of in a court by a judge or jury. | ||||
| 92 | 90 | ||||
| n | 93 | YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY | n | 91 | The term "Dispute" means any dispute, claim, or controversy between you and SIE, |
| > | IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS | > | Sony Interactive Entertainment LLC, or any of its current or former affiliates, | ||
| > | SECTION 8. | > | including parents or subsidiaries, and any predecessor or successor entity to a | ||
| > | ny of the foregoing, (collectively, "Sony Entities") regarding any and all uses | ||||
| > | of System Software, including but not limited to, the collection, use, storage o | ||||
| > | r disclosure of data resulting from any use of System Software, whether based in | ||||
| > | contract, statute, regulation, ordinance, tort (including fraud, misrepresentat | ||||
| > | ion, fraudulent inducement, or negligence), or any other legal or equitable theo | ||||
| > | ry, and includes the validity, enforceability or scope of this "BINDING INDIVIDU | ||||
| > | AL ARBITRATION" section (with the exception of the enforceability of the Class A | ||||
| > | ction Waiver clause below). "Dispute" is to be given the broadest possible meani | ||||
| > | ng that will be enforced. If you have a Dispute with any Sony Entity or any of a | ||||
| > | Sony Entity’s officers, directors, employees and agents that cannot be resolved | ||||
| > | through negotiation within the time frame described in the "Notice of Dispute" | ||||
| > | clause below, you and the Sony Entity that you have a Dispute with agree to seek | ||||
| > | resolution of the Dispute only through arbitration of that Dispute in accordanc | ||||
| > | e with the terms of this section, and not litigate any Dispute in court, except | ||||
| > | for those matters listed in the Exclusions from Arbitration clause. Arbitration | ||||
| > | means that the Dispute will be resolved by a neutral arbitrator instead of in a | ||||
| > | court by a judge or jury. | ||||
| 94 | 92 | ||||
| n | 95 | IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVE | n | 93 | 8.1.2. Exclusions from Arbitration. |
| > | R IN THIS SECTION 8, YOU MUST NOTIFY SIE INC IN WRITING WITHIN 30 DAYS OF THE DA | ||||
| > | TE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO S | ||||
| > | ONY INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2 | ||||
| > | 207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT – WAIVER A | ||||
| > | ND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR SIGN-IN ID, IF YOU HA | ||||
| > | VE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH | ||||
| > | ANY SONY ENTITY THROUGH ARBITRATION. | ||||
| 96 | 94 | ||||
| n | 97 | IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO SONY | n | 95 | You or any Sony Entity can bring claims in your local small claims court, if the |
| > | INTERACTIVE ENTERTAINMENT INC. CARE OF SONY INTERACTIVE ENTERTAINMENT LLC, 2207 | > | rules of that court allow it. Additionally, if the claims asserted in any reque | ||
| > | BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT - DISPUTE RES | > | st or demand for arbitration could have been brought in small claims court, then | ||
| > | OLUTION TO GIVE THE ADVERSE SONY ENTITY AN OPPORTUNITY TO RESOLVE THE DISPUTE IN | > | either your or the Sony Entity you have a dispute with may elect to have the cl | ||
| > | FORMALLY THROUGH NEGOTIATION. | > | aims heard in small claims court, instead of in arbitration, at any time before | ||
| > | the arbitrator is appointed, by notifying the other party of that election in wr | ||||
| > | iting. Any dispute about whether a claim qualifies for small claims court will b | ||||
| > | e resolved by that court, not by an arbitrator. In the event of any such dispute | ||||
| > | , the arbitration proceeding will remain closed unless and until a decision by t | ||||
| > | he small claims court that the claim should proceed in arbitration. | ||||
| 98 | 96 | ||||
| n | 99 | You agree to negotiate resolution of the Dispute in good faith for no fewer than | n | 97 | To the extent you or a Sony Entity seeks public injunctive relief (i.e., injunct |
| > | 60 days after you provide notice of the Dispute. If the Adverse Sony Entity doe | > | ive relief that has the primary purpose and effect of prohibiting acts that thre | ||
| > | s not resolve your Dispute within 60 days from its receipt of notice of the Disp | > | aten future injury to the public), the entitlement to and extent of such relief | ||
| > | ute, you or the Adverse Sony Entity may pursue your claim in arbitration pursuan | > | must be litigated in court and not in arbitration. All parties agree that the li | ||
| > | t to the terms in this Section 8. | > | tigation of any issues of public injunctive relief shall be stayed pending the o | ||
| > | utcome of the merits of any individual claims in arbitration. | ||||
| 100 | 98 | ||||
| n | 101 | ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CON | n | 99 | 8.1.3. Opt-Out Right. |
| > | DUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION O | ||||
| > | R AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVA | ||||
| > | TE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE ADVERSE SONY ENTITY SPECIFIC | ||||
| > | ALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. | ||||
| 102 | 100 | ||||
| n | 103 | If you or the Adverse Sony Entity elect to resolve your Dispute through arbitrat | n | 101 | YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WIT |
| > | ion, the party initiating the arbitration proceeding may initiate it with the Am | > | HIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS | ||
| > | erican Arbitration Association ("AAA"), www.adr.org , or JAMS www.jamsadr.com . | > | ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF | ||
| > | This Section 8's terms govern if they conflict with the rules of the arbitration | > | THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY AP | ||
| > | organization that the parties select. | > | PLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 2207 BRIDGEPOINTE PARK | ||
| > | WAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: ( | ||||
| > | 1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PLAYSTATION SERVICES ONLINE ID, IF YOU | ||||
| > | HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WIT | ||||
| > | H ANY SONY ENTITY THROUGH ARBITRATION. | ||||
| 104 | 102 | ||||
| n | 105 | You and the Sony Entities agree that this arbitration agreement evidences a tran | n | 103 | If you opt out in accordance with the provisions of this section, it will not af |
| > | saction in interstate commerce and thus the substantive and procedural provision | > | fect the validity of any other agreement to arbitrate between you and any Sony E | ||
| > | s of the Federal Arbitration Act and the AAA rules identified below govern the i | > | ntity. Thus, if you opt out of this agreement and at the time of your opt out y | ||
| > | nterpretation and enforcement of this Section 8. For claims of less than $75,000 | > | ou were bound by an existing agreement to arbitrate Disputes between you and any | ||
| > | , the AAA Supplementary Procedures for Consumer–Related Disputes (“Supplementary | > | Sony Entity, that existing arbitration agreement will remain in full force and | ||
| > | Procedures”) will apply, including the schedule of arbitration fees set forth i | > | effect. | ||
| > | n section C-8 of the Supplementary Procedures. For claims exceeding $75,000, the | ||||
| > | AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class act | ||||
| > | ion proceedings will apply. | ||||
| 106 | 104 | ||||
| n | 107 | The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further | n | 105 | 8.1.4. Notice of Dispute. |
| > | , if your claims do not exceed $75,000 and you provided notice to and negotiated | ||||
| > | in good faith with the Adverse Sony Entity as described above, if the arbitrato | ||||
| > | r finds that you are the prevailing party in the arbitration, you will be entitl | ||||
| > | ed to recover reasonable attorneys' fees and costs as determined by the arbitrat | ||||
| > | or, in addition to any rights to recover the same under controlling state or fed | ||||
| > | eral law afforded to the Adverse Sony Entity or you. | ||||
| 108 | 106 | ||||
| n | 109 | The arbitrator will make any award in writing but need not provide a statement o | n | 107 | IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE T |
| > | f reasons unless requested by a party. The arbitrator's award will be binding an | > | O 2207 BRIDGEPOINTE PARKWAY, SAN MATEO, CA 94404, ATTN: LEGAL DEPARTMENT – DISPU | ||
| > | d final, except for any right of appeal provided by the FAA, and may be entered | > | TE RESOLUTION, TO GIVE THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY T | ||
| > | in any court having jurisdiction over the parties for purposes of enforcement. | > | O RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. This written notice must c | ||
| > | ontain: (1) your name; (2) your PlayStation Services online ID; (3) a descriptio | ||||
| > | n of the problem, including relevant documents and supporting information; and ( | ||||
| > | 4) a description of the relief you are seeking, including a good-faith estimate | ||||
| > | of any damages suffered. You and the Sony Entity you have a Dispute with agree t | ||||
| > | o negotiate resolution of the Dispute in good faith for no less than 60 days aft | ||||
| > | er you provide notice of the Dispute with the required information. If the Dispu | ||||
| > | te is not resolved within 60 days from receipt of the notice of the Dispute, you | ||||
| > | or the Sony Entity you have a Dispute with may pursue your claim in arbitration | ||||
| > | or small-claims court pursuant to the terms in this section. | ||||
| 110 | 108 | ||||
| n | 111 | You or the Adverse Sony Entity may initiate arbitration in either San Mateo Coun | n | 109 | 8.1.5. Class Action Waiver. |
| > | ty, California or the county in which you reside. If you select the county of yo | ||||
| > | ur residence, the Adverse Sony Entity may transfer the arbitration to San Mateo | ||||
| > | County if it agrees to pay any additional fees or costs you incur as a result of | ||||
| > | the change in location as determined by the arbitrator. | ||||
| 112 | 110 | ||||
| n | 113 | If any clause within this Section 8 (other than the Class Action Waiver clause a | n | 111 | YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE AGREE THAT ARBITRATION WIL |
| > | bove) is illegal or unenforceable, that clause will be severed from this Section | > | L BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE | ||
| > | 8, and the remainder of this Section 8 will be given full effect. If the Class | > | ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS OR REPRESENTATIVE ACTION, UNLE | ||
| > | Action Waiver clause is found to be illegal or unenforceable, this entire Sectio | > | SS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE | ||
| > | n 8 will be unenforceable, and the Dispute will be decided by a court. | > | TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. | ||
| 114 | 112 | ||||
| n | 115 | This Section 8 survives this Agreement's termination. | n | 113 | 8.1.6. Initiation of Arbitration/Selection of Arbitrator. |
| 114 | |||||
| 115 | If you or the Sony Entity you have a Dispute with elect to resolve your Dispute | ||||
| > | through arbitration, the party initiating the arbitration proceeding may initiat | ||||
| > | e it with the American Arbitration Association ("AAA"), www.adr.org . The terms | ||||
| > | of this section govern in the event they conflict with the rules of the arbitrat | ||||
| > | ion organization selected by the parties. | ||||
| 116 | |||||
| 117 | 8.1.7. Arbitration Procedures. | ||||
| 118 | |||||
| 119 | Because the software and/or service provided to you by the Sony Entity you have | ||||
| > | a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") | ||||
| > | governs the arbitrability of all Disputes. However, applicable federal or state | ||||
| > | law may also apply to the substance of any Disputes. For claims of less than $75 | ||||
| > | ,000, the AAA’s Consumer Arbitration Rules shall apply, except to the extent any | ||||
| > | of those rules conflict with the terms of this Agreement; for claims seeking ov | ||||
| > | er $75,000, the AAA's Commercial Arbitration Rules shall apply, except to the ex | ||||
| > | tent any of those rules conflict with the terms of this Agreement. The AAA rules | ||||
| > | are available at www.adr.org or by calling 1-800-778-7879. | ||||
| 120 | |||||
| 121 | The parties agree that an administrative conference with the AAA shall be conduc | ||||
| > | ted in each arbitration proceeding, and you and a representative of the Sony Ent | ||||
| > | ity you have a dispute with shall appear at the administrative conference via vi | ||||
| > | deo conference or telephone. If you fail to appear at the administrative confere | ||||
| > | nce, regardless of whether your counsel attends, the AAA will administratively c | ||||
| > | lose the arbitration proceeding without prejudice, unless you show good cause as | ||||
| > | to why you were not able to attend the conference. | ||||
| 122 | |||||
| 123 | Payment of all filing, administrative, and arbitrator fees will be governed by t | ||||
| > | he AAA Rules. The party initiating the arbitration is required to pay an initial | ||||
| > | filing fee, but if you are the party who initiates arbitration, then the Sony E | ||||
| > | ntity you have a dispute with will reimburse you for the filing fee at the concl | ||||
| > | usion of the arbitration to the extent it exceeds the fee for filing a complaint | ||||
| > | in federal or state court in your county of residence. Further, if your claims | ||||
| > | do not exceed $75,000 and you provided notice to and negotiated in good faith wi | ||||
| > | th the Sony Entity you had a Dispute with as described above, if the arbitrator | ||||
| > | finds that you are the prevailing party in the arbitration, you will be entitled | ||||
| > | to recover reasonable attorneys’ fees and costs as determined by the arbitrator | ||||
| > | , in addition to any rights to recover the same under controlling state or feder | ||||
| > | al law afforded to the Sony Entity you have a Dispute with or you. The arbitrato | ||||
| > | r will make any award in writing but need not provide a statement of reasons unl | ||||
| > | ess requested by a party. The award will be binding and final, except for any ri | ||||
| > | ght of appeal provided by the FAA, and may be entered in any court having jurisd | ||||
| > | iction over the parties for purposes of enforcement. | ||||
| 124 | |||||
| 125 | 8.1.8. Batch Arbitration. | ||||
| 126 | |||||
| 127 | The parties mutually agree to abide by the following Batch Arbitration procedure | ||||
| > | in the event that 50 or more similar individual arbitration demands are filed a | ||||
| > | gainst the same Sony Entity with the assistance of the same law firm(s). Under t | ||||
| > | he Batch Arbitration procedure, the AAA will (i) administer the arbitration dema | ||||
| > | nds in batches of 50; (ii) provide for the administration of each batch as a sin | ||||
| > | gle consolidated arbitration with one set of filing and administrative fees per | ||||
| > | side per batch; and (iii) appoint a single, different arbitrator for each batch, | ||||
| > | subject to any applicable disclosure and disqualification procedures available | ||||
| > | under applicable law. Arbitrators appointed pursuant to this Batch Arbitration p | ||||
| > | rocedure will issue separate awards for each individual claimant. Arbitrations a | ||||
| > | dministered pursuant to this Batch Arbitration procedure may be administered and | ||||
| > | proceed concurrently to the extent administratively feasible. You and the Sony | ||||
| > | Entity you have a dispute with agree to work in good faith throughout the Batch | ||||
| > | Arbitration process to streamline procedures, increase efficiencies, and seek to | ||||
| > | resolve Disputes. | ||||
| 128 | |||||
| 129 | 8.1.9. Arbitration Location. | ||||
| 130 | |||||
| 131 | You or the applicable Sony Entity may initiate arbitration in either San Mateo C | ||||
| > | ounty, California or the United States county in which you reside. In the event | ||||
| > | that you select the county of your United States residence, the Sony Entity may | ||||
| > | transfer the arbitration to San Mateo, County in the event that it agrees to pay | ||||
| > | any additional fees or costs you incur as a result of the change in location as | ||||
| > | determined by the arbitrator. | ||||
| 132 | |||||
| 133 | 8.1.10. Severability. | ||||
| 134 | |||||
| 135 | If any clause within this arbitration agreement (other than the Class Action Wai | ||||
| > | ver clause above) is found to be illegal or unenforceable, that clause will be s | ||||
| > | evered from this section, and the remainder of this arbitration agreement will b | ||||
| > | e given full force and effect. If the Class Action Waiver clause is found to be | ||||
| > | illegal or unenforceable in its entirety, this entire arbitration agreement will | ||||
| > | be unenforceable, and the Dispute will be decided by a court. | ||||
| 136 | |||||
| 137 | 8.2 Residents of Mainland China, Macau, and Hong Kong | ||||
| 138 | |||||
| 139 | If you reside in Mainland China, Macau, or Hong Kong, you agree to refer any Dis | ||||
| > | pute to final binding arbitration administered by the Hong Kong International Ar | ||||
| > | bitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the | ||||
| > | Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the | ||||
| > | Administration of Arbitration under the UNCITRAL Arbitration Rules. The law of t | ||||
| > | his arbitration clause shall be Hong Kong law. The seat of arbitration shall be | ||||
| > | Hong Kong. The number of arbitrators shall be one. The arbitration proceedings s | ||||
| > | hall be conducted in English. | ||||
| 116 | 140 | ||||
| 117 | **9. GOVERNING LAW AND VENUE** | 141 | **9. GOVERNING LAW AND VENUE** | ||
| 118 | 142 | ||||
| n | 119 | If you reside in Japan or country/area located in East Asia or Southeast Asia, t | n | 143 | If you reside in Japan or country/area located in East Asia or Southeast Asia (A |
| > | his Agreement is governed by, construed and interpreted in accordance with the l | > | PAC Region), this Agreement is governed by, construed and interpreted in accorda | ||
| > | aws of Japan except for its conflict of law rules. Any dispute arising under or | > | nce with the laws of Japan except for its conflict of law rules. Except as descr | ||
| > | in relation to this Agreement shall be exclusively submitted to the Tokyo Distri | > | ibed in Section 8, any dispute arising under or in relation to this Agreement sh | ||
| > | ct Court in Tokyo, Japan. | > | all be exclusively submitted to the Tokyo District Court in Tokyo, Japan. | ||
| 120 | 144 | ||||
| n | 121 | If you reside in Europe, Africa, Australia and Oceania, Middle East, India, Ukra | n | 145 | If you reside in Europe, Africa, Asia (except APAC Region), Australia/Oceania, a |
| > | ine or the Russian Federation, this Agreement is governed by, construed and inte | > | nd the Middle East, this Agreement is governed by, construed and interpreted in | ||
| > | rpreted in accordance with English Law but you will have the additional protecti | > | accordance with English Law but you will have the additional protection of the m | ||
| > | on of the mandatory laws of the country you live in. | > | andatory laws of the country you live in. | ||
| 122 | 146 | ||||
| 123 | If you reside elsewhere, this Agreement is governed by, construed and interprete | 147 | If you reside elsewhere, this Agreement is governed by, construed and interprete | ||
| > | d in accordance with the laws of the State of California except for its conflict | > | d in accordance with the laws of the State of California except for its conflict | ||
| > | of law rules. If you are a resident of the United States, any Dispute not subje | > | of law rules. If you are a resident of the United States, any Dispute not subje | ||
| > | ct to arbitration and not initiated in small claims court must be litigated in a | > | ct to arbitration and not initiated in small claims court must be litigated in a | ||
| > | court of competent jurisdiction in either the Superior Court for the State of C | > | court of competent jurisdiction in either the Superior Court for the State of C | ||
| > | alifornia in the County of San Mateo or in the United States District Court for | > | alifornia in the County of San Mateo or in the United States District Court for | ||
| > | the Northern District of California. | > | the Northern District of California. | ||
| 124 | 148 | ||||
| 126 | 150 | ||||
| 127 | You are bound by this Agreement's most current version. To access a printable, c | 151 | You are bound by this Agreement's most current version. To access a printable, c | ||
| > | urrent version of this Agreement, go to https://www.playstation.com/legal/ps5-ss | > | urrent version of this Agreement, go to https://www.playstation.com/legal/ps5-ss | ||
| > | la/ . Your continued access to or use of System Software will signify your accep | > | la/ . Your continued access to or use of System Software will signify your accep | ||
| > | tance of the latest version of this Agreement. | > | tance of the latest version of this Agreement. | ||
| 128 | 152 | ||||
| n | 129 | If any provision of this Agreement is held invalid, illegal or unenforceable, th | n | 153 | If any provision of this Agreement is held invalid, illegal or unenforceable, th |
| > | e validity, legality and enforceability of the remaining provisions of this Agre | > | e validity, legality and enforceability of the remaining provisions of this Agre | ||
| > | ement are not affected or impaired in any way. You acknowledge that your breach | > | ement are not affected or impaired in any way. You acknowledge that your breach | ||
| > | of this Agreement would cause irreparable injury to SIE Inc for which monetary d | > | of this Agreement would cause irreparable injury to SIE for which monetary damag | ||
| > | amages would not be an adequate remedy and that SIE Inc is entitled to equitable | > | es would not be an adequate remedy and that SIE is entitled to equitable relief | ||
| > | relief in addition to any other remedies it may have under law. | > | in addition to any other remedies it may have under law. | ||
| 130 | 154 | ||||
| t | t | 155 | Sections 2 and 4 through 10 will survive any termination of this Agreement. | ||
| 156 | |||||
| 131 | This Agreement constitutes the entire agreement between you and SIE Inc with res | 157 | This Agreement constitutes the entire agreement between you and SIE with respect | ||
| > | pect to System Software and supersedes all prior or contemporaneous understandin | > | to System Software and supersedes all prior or contemporaneous understandings r | ||
| > | gs regarding its subject matter. No failure to exercise and no delay in exercisi | > | egarding its subject matter. No failure to exercise and no delay in exercising a | ||
| > | ng any right under this Agreement operates as a waiver of that right. SIE Inc ma | > | ny right under this Agreement operates as a waiver of that right. SIE may assign | ||
| > | y assign any of its rights under this Agreement, including its rights to enforce | > | any of its rights under this Agreement, including its rights to enforce this Ag | ||
| > | this Agreement's terms, to any SIE Inc affiliate. | > | reement's terms, to any SIE affiliate. | ||
| 132 | 158 | ||||
| 133 | Back to PlayStation | 159 | Back to PlayStation | ||
| 134 | 160 | ||||