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Program License Agreement

This software (hereinafter referred to as the "Program") is to be run on an Internet browser for the "MLB Manager Online Closed Beta Test" (hereinafter referred to as the "CBT"). If you agree to the terms and conditions of this Program License Agreement (hereinafter referred to as this "Agreement"), please run the Program and participate in the CBT. If you do not agree, please do not run the Program and cancel your participation in the CBT. If a participant to the Program (hereinafter referred to as the "Participant") is a minor, he/she shall obtain the consent of his/her parents (or legal representative such as person with parental authority) before consenting to this Agreement. If the Participant runs the Program and participates in the CBT, he/she shall be deemed to understand and agree to the terms and conditions of this Agreement.

  1. The copyright and other intellectual property rights concerning the Program shall belong to Sega Corporation (hereinafter referred to as the "Company") or a duly authorized third party. The copyright and other intellectual property rights of the Program are protected by the Copyright Act and other laws and ordinances of the United States and international treaties.
  2. The license to use the Program shall be granted to the Participant from the Company solely for the purpose of participating in the CBT, and it shall not be sold, traded or transferred.
  3. The license granted under this Agreement shall be a non-exclusive, non-transferable and non-sublicensable license.
  4. The Participant may not reproduce, lend, make transmittable form of, publicly transmit, adapt, alter, sell or otherwise distribute the Program without obtaining approval from the Company and other authorized right holders.
  5. The Participant may not decompile, disassemble, reverse engineer, or otherwise analyze or adapt the Program.
  6. The Program may not be available for use in all circumstances. THEREFORE, THE COMPANY DOES NOT WARRANT THAT THE PROGRAM IS AVAILABLE FOR USE IN ANY AND ALL CIRCUMSTANCES.
  7. The Program is under development, and therefore, it is highly probable that any bug or defect exists and any error occurs due to the nature thereof. The Participant shall fully consider such probability and select the terminal on which he/she will run the Program, and take precautions including backup of data stored in such terminal before running the Program at his/her responsibility.
  8. The Program is provided free of charge for the purpose of participating in a demonstration test in the current status on the condition that it may contain any defect in completeness, availability, correctness, reliability or harmlessness. Therefore, THE COMPANY DOES NOT WARRANT AS TO THE COMPLETENESS, AVAILABILITY, CORRECTNESS, RELIABILITY OR HARMLESSNESS OF THE PROGRAM AND RESULT OF USE THEREOF.
  9. The Company shall have no obligation for any damage suffered by the Participant arising out of or in relation to his/her running and use of the Program, except for a case where such damage is recognized to arise due to any fault or negligence of the Company even taking into consideration that the Program is designed for a test purpose and under development. Further, if the Company is recognized liable for damage, unless the Company is intentional or grossly negligent, the scope of the compensation shall be limited to the direct and actual damages suffered by the Participant as a result of his/her use of the Program and IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGE ARISING OUT OF SPECIAL CIRCUMSTANCES, LOSS OF PROFITS, INDIRECT DAMAGE OR OTHER DAMAGES, WHETHER THE COMPANY CAN FORSEE SUCH DAMAGES OR NOT.
  10. The Participant may not use the Program after he/she terminates participation in the CBT.
  11. If the Participant violates any provision of this Agreement or Closed Beta Test Subscription Terms the Company may immediately terminate this Agreement. In this case, the Participant shall be subject to the measures chosen by the Company at its discretion, including, but not limited to, prohibition of use of the Program.
  12. This Agreement, including the execution, effect, interpretation and implementation hereof, shall be governed by the laws and ordinances of the State of California, and any matter not stipulated in this Agreement shall be complied with the laws of the State of California.
  13. Even if a part of this Agreement is held to be invalid by any forcible provision of the consumer protection laws and ordinances and other forcible provisions, the remaining parts shall remain effective to the maximum extent they do not violate.
  14. Any dispute arising between the Participant and the Company in relation to this Agreement shall be submitted to the exclusive jurisdiction of the State of California in the first instance.

Sega Corporation
1-2-12 Haneda, Ohta-ku, Tokyo, Japan

Revised on January 6, 2011

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