47
LIMITED WARRANTY:
THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WAR-
RANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
IS WITH YOU. SEGA.COM SHALL HAVE NO LIABILITY TO YOU FOR ANY REA-
SON BASED ON YOUR USE OF THE PROGRAM UNLESS SUCH WARRANTIES
ARE LEGALLY INCAPABLE OF EXCLUSION. SEGA'S ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE
PROVIDED OR USED BY SEGA SHALL BE THE REPLACEMENT OF ANY SEGA
SOFTWARE FOUND TO BE DEFECTIVE. SOME STATES AND JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CON-
SEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES OR JURISDIC-
TIONS SEGA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMIT-
TED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDIC-
TION.
LIMITATION ON DAMAGES:
IN NO EVENT WILL SEGA BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSE-
QUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNC-
TION OF THE PROGRAM, INCLUDING WITHOUT LIMITATION DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE
OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURIES, EVEN IF SEGA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEGA'S LIABILI-
TY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE
PROGRAM. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITA-
TIONS OF DAMAGES, AND IN SUCH STATES OR JURISDICTIONS SEGA'S LIA-
BILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. .
TERMINATION:
Without prejudice to any other rights of SEGA, this Agreement will terminate auto-
matically if you fail to comply with its terms and conditions. In such event, you must
destroy all copies of the Program and all of its component parts.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Program and documentation have been developed entirely at private expense
and are provided as "Commercial Computer Software" or "restricted computer
software." Use, duplication or disclosure by the U.S. Government or a U.S.
Government subcontractor is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS
252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial
Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The
Contractor/Manufacturer is Sega of America, Inc.
INJUNCTION:
Because SEGA would be irreparably damaged if the terms of this Agreement were
not specifically enforced, you agree that SEGA shall be entitled, without bond,
other security or proof of damages, to appropriate equitable remedies with
respect to breaches of this Agreement, including without limitation the right of
injunction, in addition to such other remedies as SEGA may otherwise have under
applicable laws.
INDEMNITY:
You agree to indemnify, defend and hold SEGA, its partners, affiliates, contractors,
officers, directors, employees and agents harmless from all damages, losses and
expenses arising directly or indirectly from your acts and omissions to act in using
the Product pursuant to the terms of this Agreement.
END USER LICENSE AGREEMENT
