LICENSE AGREEMENT FOR THE GUIDELINE OF THEME AND THE DEVELOPMENT TOOL OF THEME FOR PLAYSTATION® PORTABLE

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
Version 1.0 (September 11, 2007)

ANY USE OF OR ACCESS TO SONY COMPUTER ENTERTAINMENT INC. ("SCE")'S GUIDELINE OF THEME FOR PLAYSTATION® PORTABLE ("PSP®") OR THE DEVELOPMENT TOOL OF THEME FOR PSP® IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. This Agreement is a contract between you and SCE. This Agreement applies to the Guideline of Theme for PSP®, the Development Tool of Theme for PSP®, any updates, upgrades, new versions, and any information or support provided in connection thereof (collectively, the "Tools").

1. LICENSE GRANT
Subject to the terms and conditions of this Agreement, the Tools are licensed to you solely for personal, non-commercial use for your development, use and distribution of Themes (as defined below) solely for and on the PSP® and in accordance with the Tools. "Themes" are customized depictions or images created by users to personalize the Xross Media Bar on the PSP® on such items including wall papers, icons and thumbnails. All intellectual property rights in the Tools belong to SCE, and any use of the Tools shall be subject to the terms of this Agreement and all applicable copyright and intellectual property laws. Except as expressly granted in this Agreement, SCE reserves all rights, interests and remedies. This license may be revoked by SCE at any time upon notice to you.

2. RESTRICTIONS

2.1 You may not do any of the following acts in accessing or using any of the Tools:

  1. modify, reverse engineer, decompile or disassemble any portion of the Tools, to the fullest extent permitted by law;
  2. interfere with any system, hardware, software, or network;
  3. conduct any activities that may violate any local, state or federal regulations or laws;
  4. create or introduce any content or sound that may be harmful to SCE, its subsidiaries, affiliates, licensors, or users such as any code or virus that may damage any property or interfere with the use of any system, hardware, software or network; and
  5. exploit the Tools in any manner other than to use it in accordance with the accompanying documentation and this Agreement.

2.2 You may not do any of the following acts in creating or distributing any Themes:
(i) use any language, image, or sound that may be offensive, vulgar, hateful, defaming, threatening, libelous, bully, or racially, ethnically, religiously, or sexually offensive or objectionable;
(ii) use any of SCE's or any of its subsidiaries' trademarks, service marks, or logos;

  1. use any language, image, or sound that may dilute, disparage or undermine any of SCE's or any of its subsidiaries', publisher's, licensor's, affiliate's, trademarks, service marks, goodwill or reputation;
  2. use any language, image, or sound that may be commercial in nature such as advertisements, solicitations, marketing or promotions; and
  3. use any image or sound or intellectual property that belongs to any party with whom you have not received the proper expressed consent to use, modify, reproduce, and distribute.

Without limiting any of SCE's remedies, you irrevocably agree that you shall immediately cease use and distribution of Themes upon notice from SCE. You also agree that you will cooperate with SCE, at your sole expense, to remove the Themes from any website or resources and mitigate any damages to SCE.

3. DISTRIBUTION REQUIREMENTS
Should you choose to distribute the Themes to any third party, you must provide notice with the Themes that you are providing the Themes "AS IS" without any representations or warranties from SCE, and that SCE has not endorsed or is in any way associated or affiliated with your Themes.

4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
Your use of the Tools and your development, use and distribution of Themes are at your sole risk. No warranty is given about the quality, usability, or functionality of the Tools. The Tools are provided "AS IS". SCE expressly disclaims any express or implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCE EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF DOWNLOAD OR USE OF THE TOOLS OR ANY DEVELOPMENT, USE OR DISTRIBUTION OF THE THEMES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5.　INDEMNITY
You agree to indemnify and hold SCE, its affiliates, subsidiaries, and licensees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Tools or your development, use or distribution of the Themes.

6. GENERAL LEGAL
To access a printable, current copy of this Agreement, go to http://www.us.playstation.com on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time. Your continued use of the Tools or development or distribution of the Themes will signify your acceptance of any changes to this Agreement.

Agree and Download.

I do not agree.