Last updated on July 6, 2011

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE SOE AUTHENTICATOR TOKEN.

This SOE Authenticator Token Terms of Use (the “Agreement”) (not to be confused with the SOE Terms of Service that is found on SOE websites and referenced as SOE Terms of Service throughout this Agreement), along with the SOE Terms of Service and Privacy Policy located at www.soe.com (the “Site”) and each applicable End User License Agreement governing access to SOE’s games, including any and all features, assets or services associated therewith (each a “Game”), describes the terms by which Sony Online Entertainment LLC (“SOE”) offers you, the customer (“You”), the right to use the SOE Authenticator Token (the “Authenticator”) in connection with Your registered SOE Station account (“Account”).

By purchasing, installing, downloading, copying or otherwise using the Authenticator, You represent that You are of legal age in your jurisdiction and are accepting this Agreement in its entirety either on behalf of Yourself or your minor child. If you do not affirmatively accept this Agreement, You decline SOE’s offer and You are not permitted to use the Authenticator with your Account.If, by technical or other means, you bypass the Agreement, then by installing, adding the Authenticator to your Account, or otherwise using the Authenticator, You agree to be bound by the terms of the then-current Agreement and the Site.

1. License to Use the Token

The Authenticator is a device, either a physical token or a mobile software application, which you may use solely in connection with your Account for the purpose of additional Account security.SOE grants You, and You hereby accept, a non-exclusive, non-transferable, non-commercial, individual, revocable, limited license for You to use the Authenticator in accordance with the terms and conditions of this Agreement solely in connection with Your Account.

2. Authenticator Use Pre-requisites

In order to use the Authenticator, you must first create an Account.Accounts are only available to adults, or in their discretion, their minor child.The Account registration procedure is fully described in the SOE Terms of Service.Use of the Authenticator is contingent upon Your Account remaining active and in good standing.

3. Restrictions and Conditions of Use

a. You may use the Authenticator only for Your individual non-commercial purposes in connection with Your Account security.

b. All Authenticators for use with Accounts must only be obtained from SOE (or SOE’s authorized partners, as applicable).

c. SOE reserves, in its sole discretion, the right to deactivate Authenticators which have been obtained through any unauthorized means.

d. You must not:

•  use or copy the Authenticator software except as expressly permitted in this Agreement;
• translate, reverse engineer, decompile, unbundle, alter, break down or disassemble the Authenticator, except to the extent the foregoing restriction is expressly prohibited by applicable mandatory law;
• sell, rent, lease, assign or otherwise transfer the Authenticator to other parties in any way not expressly authorized herein;
• modify the Authenticator software or merge all or any part of the Authenticator software into another program;
• create, facilitate, or maintain any unauthorized connection between the Authenticator, the Account, and the Game;
• modify or delete any copyright, trademark, or other proprietary rights notice on any medium containing the Authenticator and/or related documentation, or copy (to the extent permitted by this Agreement or applicable law) any Authenticator or related documentation without reproducing SOE or its licensors copyright, trademark, or proprietary rights notices on each copy;
• use the Authenticator in connection with any form of internet gambling or other unlawful use; and/or
• modify the Authenticator or use it with another program other than Your Account unless approved by SOE in writing.

e. You acknowledge that SOE, ourselves or through our direct or indirect affiliates, parents, subsidiaries, related companies and/or licensors shall retain all rights, title, and interest relating to or residing in the Authenticator and all data in connection therewith including all intellectual property and proprietary rights over the Authenticator, in any part of the world and whether or not registered.You will not take any action that jeopardizes SOE’s or its licensors’ proprietary rights or acquire any right in the Authenticator except the limited use rights set forth in this Agreement.

4. Fees

In the event you elect to purchase the Authenticator, You agree to abide by the pricing, payment and billing policies applicable to such fees and charges available at the point of purchase or otherwise posted on the Site, including any applicable sub-site thereto.SOE may add new services for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion. All fees are stated in U.S. Dollars unless otherwise specified.All fees are prepaid, and unless otherwise expressly stated, non-refundable in whole or in part.You are responsible for paying all applicable taxes (including those that SOE is not required to collect).

5. Security of Your Account

It is important that you keep your Authenticator in a safe and secure location. By registering the Authenticator with your Account, you will no longer be able to log into your Account without use of the Authenticator.If you lose your Authenticator, you may not be able to access the Account materials and/or your Account. You are responsible for maintaining the confidentiality of your Account, your Authenticator, and for all activities that occur through the use of your Account.
You agree to: (i) immediately notify SOE of any unauthorized use of the Authenticator or any other breach of security, and (ii) ensure that you secure your Authenticator, your Account and computer from third party access. SOE will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or required to change your password from time to time.
We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your personal information in connection with your Account. Although we use reasonable efforts to safeguard the security of your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.

6. Term and Termination

SOE may terminate this Agreement (including your Game license and your Account) and/or suspend your Account immediately and without notice if: (i) you violate any provision of this Agreement; (ii) you infringe any third party intellectual property rights; (iii) we are unable to verify or authenticate any information you provide to us; (iv) upon game play, chat, or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; and/or (v) upon any violation of any of the SOE Terms of Service, Game End User License Agreements, or Privacy Policy.If we terminate this Agreement or suspend your Account under these circumstances, you will lose access to use your Authenticator for the duration of the suspension and/or the balance of any prepaid period without any refund.Fees paid for any Authenticator are paid in advance and are not refundable in whole or in part.We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game or Accounts.

You may terminate this Agreement, the Game, and/or your Account at any time (i) in accordance with the termination section of the SOE Terms of Service; and (ii) by removing the Authenticator from any and all of your Accounts (through deactivation procedures described in the Account management page) and permanently destroying or removing all copies of the Authenticator in your possession or control.

7. NO EXPRESS OR IMPLIED WARRANTIES; LIMITATION OF LIABILITY

    a. No Express or Implied Warranties

WE PROVIDE THE AUTHENTICATOR AND ALL OTHER SERVICES "AS IS." WE, OUR LICENSORS AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you. You may also have other legal rights which vary depending on your place of residence.

We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account and/or the Game whenever you want, and there may be extended periods of time when you cannot access your Account and/or the Game.

Risk of loss for the Authenticator passes to You upon purchase or transfer and SOE is not responsible for any loss or damage resulting from lost or stolen Authenticators or use without your permission.

WITHOUT LIMITING THE FOREGOING, WE DO NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE AUTHENTICATOR, ITS SOFTWARE, THE GAME, YOUR ACCOUNT OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER.

    b. Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE AUTHENTICATOR, THE GAME, YOUR ACCOUNT, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND — TO THE EXTENT PERMITTED BY APPLICABLE LAW — DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF SOE, OUR LICENSORS OR SUPPLIERS OF ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

8. Export Controls

You acknowledge that the Authenticator and any related technical information, documents, and materials are subject to U.S. Export Administration Regulations and other applicable laws.You acknowledge and agree that You shall (i) comply strictly with the legal requirements established under these controls and will not export any controlled technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required.All Authenticators are prohibited for export or re-export to Cuba, North Korea, Iran, Syria, and Sudan and to any country subject to relevant trade sanctions (You acknowledge that the list of such countries may change and that SOE is not responsible for providing updated lists of such countries).You hereby agree that you will not export or sell any Authenticator for use in connection with the proliferation of weapons of mass destruction.

9. Governing Law; Resolution of Disputes

This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. In order to expedite and control the cost of disputes, you and SOE agree that any legal or equitable claim relating to this Agreement will be resolved in accordance with the terms of Section (IX)(F) of the SOE Terms of Service.

Notwithstanding the foregoing, you acknowledge and agree that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy, and that SOE shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach, provided any such injunctive relief shall not be constructed as preventing SOE from pursuing any and all remedies available to it, including the recovery of monetary damages from you.

10. General

          a. Amendments to this Agreement

We may amend this Agreement at any time in our sole discretion. Please note that your right to continue to access or use the Authenticator will be contingent upon your acceptance of such amended Agreement.

          b. Compliance with Applicable Law(s)

You shall comply with all applicable laws regarding your use of the Authenticator, your access to your Account and your access to and use of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Authenticator except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States and the jurisdiction in which you reside.

          c. Notices; Contacting Us

SOE may give notice to you by means of a general notice on the Site, electronic mail to the e-mail address associated with your Account on record in SOE’s account information, or by written communication sent by first class mail, postage prepaid or overnight courier to the address associated with your Account on record in SOE’s account information. You may give notice to SOE by electronic mail to accounts@soe.sony.com, or by first class mail, postage prepaid or overnight courier to Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121, Attention: Accounts. If you need to contact SOE for any reason, you may send an e-mail or a letter to the foregoing e-mail or mailing address or you may contact us at the phone number listed below.

All services hereunder are offered by Sony Online Entertainment LLC, located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858) 790-5200. If you are a California resident, you may request that we e-mail this same information to you by sending a letter to the foregoing address and including your e-mail address.

Under California Civil Code Section 1789.3, California users of the Game received the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

The Authenticator and its documentation are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, or any succeeding or similar regulations, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer is Sony Online Entertainment LLC, 8928 Terman Court, San Diego, CA 92121. Attn: Accounts.

          d. Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties.