User Agreements


Public Beta Test Program Click License

Important: Please read this Public Beta Test Program Participation Agreement (“Participation Agreement”) carefully as it sets out the terms and conditions you must agree to in order to participate in the Public Beta Test Program. If after reading all of the terms and conditions set out below, you agree to be bound by them then click the “accept” button.


Terms and Conditions:

1. Participant Feedback. You agree to provide reasonable feedback to SCEA, about your experiences using features such as email applications, chat rooms, instant messaging, web-lobby or in-game communications, message boards and information about connectivity and usability of the Beta Test Materials. All of your feedback shall be the property of SCEA and may be used by SCEA for any purpose it sees fit.


2. Beta Test Materials. SCEA shall provide you with all the software and documentation (“Beta Test Materials”) required for participation in the Public Beta Test Program. You may be obligated to return some or all of the Beta Test Materials sent to you, if so, SCEA will supply you with the necessary shipping instructions.


3. Ownership of Beta Test Materials. You understand that SCEA or its affiliates shall own all of the Beta Test Materials, including without limitation all intellectual property rights therein. You shall keep the Beta Test Materials free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Beta Test Materials. You shall keep the Beta Test Materials in your possession, custody and control in your own home. You will be responsible for any loss or damage to the Beta Test Materials.


4. Confidential Nature of Beta Test Materials. You acknowledge and agree that:


( a ) the Beta Test Materials are the confidential information of SCEA;

( b ) the Beta Test Materials are pre-release materials and not intended for public release;

( c ) the Beta Test Materials may be serial numbered for tracking purposes and would be traceable to you;

( d ) disclosure of any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of SCEA, will cause significant and irreparable harm to SCEA, the extent of which may be difficult to ascertain. Accordingly, you agree SCEA shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.


5. Participant’s Warrants and Representations. You warrant and represent that you:


( a ) are at least 18 years of age;

( b ) have no physical condition, such as epilepsy, that would be aggravated or triggered by playing video games;

( c ) knowingly agree to assume the risk that any latent physical defects you may have could be aggravated by participation in this Public Beta Test Program;

( d ) own a computer, a PlayStation®2, a Memory Card (8 MB)(for PlayStation®2), a Network Adaptor (Ethernet/modem)(for PlayStation 2);

( e ) will continue to have access to the Internet through an Internet service provider (“ISP”) for the duration of the test;

( f ) will be respectful of others;

( g ) will not post any comments or other communications which may be offensive or threatening;

( h ) acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Public Beta Test Program or use of any of the Beta Test Materials;

( i ) agree that SCEA may remove any content created by you for any reason;

( j ) will not disclose any part of the Beta Test Materials to any third party, including but not limited to any trade or consumer press, news agency or any competitor of SCEA;

( k ) will only use the Beta Test Materials in your home with friends and family and you will not give any public exhibitions or displays using the Beta Test Materials;

( l ) agree that if you allow anyone else to use the Beta Test Materials in your home you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account;

( m ) will immediately notify SCEA if you find or become aware that the Beta Test Materials are in the possession of a third party, and you will use your best efforts to help recover the Beta Test Materials and to prevent any further loss.

( n ) will use the content and tools made available to you through the Public Beta Test Program only for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Public Beta Test Program;

( o ) will not misappropriate any of the intellectual property of SCEA or any other party as such misappropriation may result in legal prosecution;

( p ) will not engage in the unauthorized transfer, exhibition, export, import or transmission of programs and will not use any devices to circumvent any authentication schemes as such may be prohibited by law (for additional information see www.us.playstation.com/DNAS);

( q ) have read the manuals for your Network Adaptor, Network Adaptor Start-Up Disc, PlayStation®2 computer entertainment system;

( r ) will read and become familiar with the warnings and instructions for any Beta Test Materials that may be sent to you before any installation or setup of such Beta Test Materials; and

( s ) have read your ISP user agreement/terms and conditions.

IMPORTANT NOTE: some ISPs limit the number of devices that may be connected to the service. If you are unsure about your service terms, please contact your ISP. For all other questions concerning product installation and home network setup, contact SCEA Consumer Services at 1-800-345-7669.


6. Acknowledgment of Data Collection. Most of the Beta Test Materials that will be supplied to you contain software that uses “DNAS” (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. (“SCEI”). DNAS retrieves information about a user’s hardware and software for authentication, copy protection, account booking, system, rules, game management and other purposes. The information collected does not identify the user personally. However, a software publisher can combine this information with information from its records if the user were to provide the personally identifying information to that publisher. Before providing any personal identifying information to a publisher please be sure to review the publisher’s privacy policy and terms and conditions of use. Do not provide personally identifying information to a publisher unless you accept the conditions of use and terms of their privacy policy.


7. No Guarantee of Server Uptime/Disclaimer. SCEI, SCEA and their affiliates cannot guarantee the continuous operation of the DNAS servers. SCEA shall not be liable for any delay or failure of the DNAS servers to perform. If you receive a message during login identifying a DNAS authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning DNAS visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user’s affected game software, console, or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.


8. NO WARRANTEE. SOFTWARE AND HARDWARE ARE PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PROVIDED UNDER LAW, SCEA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SCEA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO PLAY THE GAME DEMOS OR BETAS PROVIDED UNDER THE PUBLIC BETA TEST PROGRAM AT ANY TIME YOU WANT. FROM TIME TO TIME, THERE MAY BE PROBLEMS RELATED TO ACCESS, DELAY OR FAILURE TO PERFORM THAT ARE BEYOND THE REASONABLE CONTROL OF SCEA. IN THE EVENT OF A DISPUTE REGARDING YOUR USE OF ANY HARDWARE OR SOFTWARE OTHER THAN A DISPUTE REGARDING DNAS, YOU AGREE THAT THE SOLE LIABILITY OF SCEA AND ITS AFFILIATED COMPANIES WILL BE LIMITED TO REPAIR OR REPLACEMENT OF THIS DISC AT SCEA’S OPTION (SEE PARAGRAPH 12 BELOW). FOR ALL BETA OR DEMO SOFTWARE PROVIDED AS PART OF THE PUBLIC BETA TEST PROGRAM, SCEA OR A PARTICIPATING PUBLISHER MAY EITHER DELIVER A SELF EXPIRING (“TIME BOMB”) VERSION OF THE SOFTWARE OR MAY DISCONTINUE HOSTING THE SOFTWARE AT ANY TIME. YOU AGREE THAT SCEA HAS NO LIABILITY FOR SUCH DISCONTINUANCE. ALL OTHER SOFTWARE IS THE RESPONSIBILITY OF THE NAMED PUBLISHER. CHECK THE TERMS AND CONDITIONS THAT MAY ACCOMPANY EACH SOFTWARE BETA OR DEMO GAME USER AGREEMENT BEFORE PLAYING.


9. LIMITATION OF LIABILITY AND REMEDIES. You agree that notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all direct or general damages), the entire liability of SCEA and any of its affiliates under any provision of this Participation Agreement and your exclusive remedy for all of the foregoing shall be limited to One Hundred dollars ($100 U.S.). 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. In no event shall SCEA or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever.


10. Term/Termination. This Participation Agreement will be effective from the time you click the “accept” button until terminated. You may terminate this Participation Agreement at any time by returning the materials sent to you and providing SCEA written notification of your termination by sending an email to beta_test@playstation.sony.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of the terms and conditions of this Participation Agreement or if you fail to provide reasonable feedback in a timely manner. SCEA also reserves the right to terminate your account or the Beta Test Program at any time with or without cause.


11. Governing Law and Venue. You agree that the laws of the State of California shall govern the terms of this Participation Agreement and your participation in the Public Beta Test Program.


12. Copy of Participation Agreement. Should you have any questions concerning this Participation Agreement please contact Sony Computer Entertainment America Inc., Legal Department, 919 East Hillsdale Boulevard, Foster City, CA 94402.


13. Acceptance. If you do not agree to be bound by the terms and conditions of this Agreement, do not continue any further. By clicking the “accept” button below you are once again representing that:


( a ) you are 18 years of age or older;

( b ) you wish to participate in the Public Beta Test Program;

( c ) you have read this entire Participation Agreement;

( d ) you have no physical disability, whether known or latent that would be aggravated by participating in the Public Beta Test Program or using any of the Beta Test Materials;

( e ) you acknowledge some people have experienced physical reactions to playing video games and accept the risk that you may experience an adverse physical reaction; and

( f ) you specifically agree to be bound by all of the above listed terms and conditions.