Oct.03.2023
Important Announcement
End User License Agreement
- PlayStation®5
- PlayStation®4
BEFORE USING THIS GAME SOFTWARE PROGRAM (the “Program”), BE SURE TO READ ALL OF THIS END USER LICENSE AGREEMENT (this “Agreement”).
THIS AGREEMENT SHALL COME INTO EFFECT BETWEEN Capcom Co., Ltd. (“Capcom”) AND USER(S) UPON CLICKING OF THE “Agree” , "Accept" , OR SIMILAR OR EQUIVALENT BUTTON, CHECKING ON A CHECK BOX, OR OTHERWISE EXPRESSING CONSENT BY THE USER.
Those users between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) or a person with limited capacity shall use the Program only after obtaining approval from its parent or legal guardian who agrees to be bound by these provisions of this Agreement and agreeing to this Agreement.
1. Limited license
1.1 Capcom grants a non-exclusive license to the user only for the purpose of installing the Program on a game console or personal computer that is owned by the user and that Capcom has stated is compatible with the Program, and for the purpose of personal gameplay, under the condition that the user complies with the provisions of this Agreement.
1.2 The user may not sub-license the rights granted in the preceding Paragraph to a third party.
1.3 The rights under Paragraph 1.1 of this Article are particular to the user that purchased the rights to use the Program, and the user may not assign or transfer those rights to a third party.
2. Providing additional or modified Programs
2.1 Capcom may provide additional or modified Programs for the purpose such as modifying the Program’s content, expanding functionality, adding content, fixing bugs. The provisions of this Agreement will apply also to those additional or modified Programs.
2.2 In principle, additional or modified Programs are provided for no additional fee, but if Capcom decides to provide an additional or modified Program for a fee, then it will be provided for a fee.
2.3 Providing additional or modified Programs is carried out at the discretion of Capcom. Capcom bears no obligation to provide any additional or modified Programs to the user.
3. Use of the account service
(1) When using the Program, the user may be required to, or be able to, use the account service provided by Capcom.
(2) When using the account service, the user shall abide by the terms of use of the account service as prescribed by Capcom.
4. Authentication
4.1 When the Program is first activated and each time it is activated thereafter, the user may need to log into a game platform provided by a third party other than Capcom (a “Third Party Platform”).
4.2 In the case described in the preceding Paragraph, the user shall use the Third Party Platform in accordance with the terms of use and any other compliance matters stipulated by that third party.
4.3 Excluding when directly related to the Program, Capcom is not concerned with, and bears no liability at all for, use of the Third Party Platform by the user. If the user has an inquiry related to a Third Party Platform, then the user shall contact the service provider that provides that platform.
4.4 In the event logging in to a Third Party Platform is required to use the Program, the user may be unable to activate the Program in countries or regions other than those specified by the Third Party Platform. In such cases, the user shall use the Program in such specified countries or regions.
5. Paid services and content
5.1 The user may purchase a service or content that is provided for a fee and related to the Program (”Paid Content”) in accordance with the terms of use and other conditions stipulated by the Third Party Platform, either from the Third Party Platform or with a payment method separately stipulated by Capcom.
5.2 Capcom grants the user non-exclusive rights to use Paid Content only for the purpose of personal gameplay, and the user may not sub-license, assign or transfer those rights to a third party.
5.3 If Capcom has taken a measure under Paragraph 7.2, or if provision of a service related to the Program ends, or if the expiration date determined for the Paid Content has passed, the Paid Content becomes invalid.
5.4 EXCLUDING CASES IN WHICH CAPCOM OR A THIRD PARTY PLATFORM HAS DECIDED TO PROVIDE A REFUND AT ITS SOLE AND REASONABLE DISCRETION OR CASES APPROVED UNDER A LAW, ORDINANCE, OR THE LIKE, CAPCOM WILL NOT, REGARDLESS OF THE GROUNDS AND INCLUDING CASES IN WHICH PROVISION OF A SERVICE RELATED TO THE PROGRAM ENDS, REFUND MONEY PAID FOR PAID CONTENT, OR CONVERT SUCH MONEY INTO DIGITAL CURRENCY, ETC. FOR USE IN ANOTHER GAME OR SERVICE.
5.5 If the user is a resident of North America, Central America, or South America (“Americas”), then the following sub-Paragraph (i) applies, and if the user is a resident of a region other than Americas and Asia, then sub-Paragraph (ii) applies:
(i) Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America.
(ii) Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
5.6 The Paid Content that is displayed as a prepaid payment instrument on the page separately titled "Labeling under the Payment Services Act" (including similar labeling) is treated as a prepaid payment instrument in accordance with the Payment Services Act. Content other than such prepaid payment instruments (including Content purchased with such prepaid payment instruments) shall be deemed to have been provided upon acquisition of such content and shall not constitute a prepaid payment instrument.
5.7 IF THE USER IS A RESIDENT OF A MEMBER STATE OF THE EUROPEAN UNION, THE USER HAS THE CERTAIN RIGHT TO RESCIND THE PURCHASE OF PAID CONTENT. HOWEVER, IT SHALL BE DEEMED THAT THE USER HAS EXPRESSLY WAIVED THE RIGHT TO RESCIND WHEN THE ACCESS RIGHT TO PAID CONTENT IS GRANTED TO THE USER’S ACCOUNT AND THE SERVICE BEGINS. THE USER HEREBY ACKNOWLEDGES AND AGREES THAT (I) DOWNLOADING OF PAID CONTENT WILL START IMMEDIATELY AFTER THE PURCHASE, AND (II) THE RIGHT TO RESCIND WILL BE WAIVED AT THE TIME THE PURCHASE IS DONE.
6. Intellectual property rights
6.1 Intellectual property rights related to the Program belong to Capcom or a legitimate third party and are protected by laws and agreements such as the Copyright Act of Japan and international treaties and agreements. IF A USER DOES NOT COMPLY WITH THIS AGREEMENT AND INFRINGES ON THE PROGRAM’S INTELLECTUAL PROPERTY RIGHTS, THEN THE OWNER OF THOSE INTELLECTUAL PROPERTY RIGHTS MAY, TO PROTECT THOSE RIGHTS, TAKE LEGAL MEASURES SUCH AS INJUNCTION TO STOP THE USE OF SUCH RIGHTS, SEEKING COMPENSATION FOR DAMAGE.
6.2 This Agreement grants permission from Capcom for the user to use the Program. This Agreement does not transfer the Program’s intellectual property rights, either in whole or in part, to the user.
7. Prohibited matters
7.1 When using the Program, users shall not carry out any of the following acts:
(i) Infringing on Capcom’s intellectual property rights, such as reproducing (however, excluding reproduction for the purpose of installing the Program), modifying, altering, translating, analyzing, reverse engineering, or extracting the code from all or a part of the Program;
(ii) analyzing communication protocols or any other data used in the Program or using any of those for any other purpose;
(iii) using all or part of the Program for a commercial purpose at an internet cafe, an arcade, or any other venue, without Capcom’s prior written permission;
(iv) using all or part of the Program to host or arrange (excluding personal use within a limited scope, such as within the user’s family or between the user’s friends) an event, tournament, or the like with a commercial purpose, without Capcom’s prior written permission;
(v) intentionally using a defect in the Program, if such a defect arises;
(vi) interfering with the content or functions that the Program provides or with services provided by the Program (e.g., a player-versus-player service between the Program’s users)(including an act to abuse the Program or a service related to the Program by means of BOTs, cheat tools, or other technical measures; to cause discomfort to a third party by means of sexual, discriminatory, violent, or other expressions; or while using a player-versus-player service between the Program’s users, to impose problems for opponents, to collaborate with opponents, not to cooperate with other users, to act in a lethargic manner, or otherwise not to play the game in a sincere manner, to abandon the game deliberately, or to interrupt the game-play by means such as disconnecting the line intentionally);
(vii) infringing on a copyright, a trademark, a patent right or any other intellectual property rights, a portrait right or privacy right of Capcom or a third party, or any other rights of Capcom or a third party under a law or ordinance or under an agreement;
(viii) an act that is prohibited in the terms of use, code of conduct or any other applicable rules of the account service or of a Third Party Platform that the user uses in relation to use of the Program; or
(ix) an act that is equivalent or similar to anything in an above sub-Paragraphs that is disadvantageous to Capcom or a third party.
7.2 If Capcom reasonably determines that the user has carried out an act described in a sub-Paragraph of the preceding Paragraph, then Capcom may take any or all measures stipulated below. The period for the measure in sub-Paragraph (ii) below is determined at Capcom’s discretion.
(i) Request improvement with measures such as a reminder or a warning;
(ii) stop the user from using the Program or limit the user’s use of the Program or take any other measures that Capcom determines to be reasonable; or
(iii) delete text, images, and other content posted, published, disclosed, or otherwise shared by the user in the Program.
8. Termination
8.1 The user may, at any time, terminate this Agreement by un-installing the Program from the user’s own game console or personal computer.
8.2 Capcom may end this Agreement if a user breaches any provision stipulated in this Agreement. In that case, the user shall immediately stop using the Program and un-install the Program from the user’s own game console or personal computer.
9. Export restrictions
The user shall comply with the laws and regulations of Japan and of other countries, and users shall not export, transmit using the Internet, or use any other method to export the Program to any country with which trade is suspended by Japan pursuant to Japan’s Foreign Exchange and Foreign Trade Act or Export Trade Control Order.
10. DISCLAIMER
10.1 CAPCOM PROVIDES THE PROGRAM ONLY ON AN AS-IS BASIS, AND CAPCOM DOES NOT GUARANTEE THE PROGRAM’S COMPLETENESS, OPERATIONAL STABILITY, SUITABILITY TO THE USER’S USE PURPOSE, OR ANY OTHER MATTER RELATED TO THE PROGRAM.
10.2 EXCEPT IN CASES OF WILLFUL MISCONDUCT OR NEGLIGENCE BY CAPCOM, IN NO EVENT SHALL CAPCOM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND CAUSED FROM USING THE PROGRAM.
10.3 IF CAPCOM IS FOUND TO BE LIABLE TO THE USERS FOR DAMAGES IN CONNECTION WITH THE PROGRAM WHICH ARISES OUT OF NEGLIGENCE (EXCLUDING GROSS NEGLIGENCE) BY CAPCOM, CAPCOM SHALL ONLY BE LIABLE FOR DIRECT AND ORDINARY DAMAGES ACTUALLY INCURRED BY THE USERS, REGARDLESS OF DEFAULT, TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPCOM EXCEED THE AMOUNT PAID BY THE USERS TO PURCHASE THE PROGRAM.
10.4 IF APPLYING ANY OF THE PRECEDING PARAGRAPHS IN THIS ARTICLE 10 IS RESTRICTED BY APPLICABLE LAWS OR ORDINANCES, THEN THE LIABILITY BORNE BY CAPCOM TO COMPENSATE THE USER SHALL BE REDUCED OR WAIVED TO THE MAXIMUM DEGREE ALLOWED BY THAT LAW OR ORDINANCE.
11. Amendments to this Agreement
Capcom may, at its sole discretion, amend the provisions of this Agreement by posting the amended content of this Agreement on a Third Party Platform, the website, or on the Program’s game screen. The amended provisions shall come into effect fourteen (14) days after such posting or on a date separately stipulated by Capcom after such posting.
12. Miscellaneous
12.1 This Agreement is governed by and is to be interpreted in accordance with the laws of Japan.
12.2 Any legal dispute arising out of this Agreement will be resolved in a court, and in that case, the Tokyo District Court or the Osaka District Court will be the exclusively agreed court of jurisdiction in the first instance.
12.3 If any provision under this Agreement becomes invalid pursuant to an applicable law or ordinance, only that provision shall become invalid, and other provisions under this Agreement shall remain in full effect and force.
13. Disclaimer for Platformer
This Clause supplements and accompanies the terms of this Agreement for customers who use the Program in products or services provided by Sony Interactive Entertainment Inc., Sony Interactive Entertainment America LLC or Sony Interactive Entertainment Europe Ltd. (collectively, the "SIE Group Companies"). In the event of any conflict between the following provisions and the provisions of this Agreement, the following provisions shall prevail to the extent of such conflict.
(i) This Agreement is between Capcom and you and is not between SIE Group companies and you.
(ii) Capcom assumes full responsibility for this Program.
(iii) The rights granted in Section 1.1 are limited to your use of the Program on any console or other system provided by PlayStation™Network that you own or control.
(iv) You agree that each SIE Group Company is a third-party beneficiary of this Agreement and that by your acceptance of this Agreement, each SIE Group Companies shall have the right to enforce this Agreement against you as a third-party beneficiary.
14. How to contact Capcom
Any communication from the customer to Capcom regarding this Program shall be made by sending an inquiry form to be placed at the appropriate location within this Program or on the website operated by Capcom, or by any other method designated by Capcom.
15. The original of this Agreement is in English. Any and all translated versions are provided only for reference purposes. You agree to waive any rights under the law of the country/region of your residence to have this Agreement executed, written or construed by any other language.
Effective as of October 1st, 2023