PlayStation®Home Open Beta Agreement

effective December 11, 2008

Thank you for your interest in participating in the Open Beta phase for PlayStation®Home (the “Open Beta”). “Users” mean participants in the Open Beta.

Participation in the Open Beta is subject to the terms of this agreement (“Terms”), in addition to the PLAYSTATION®Network (“PSN”) Terms of Service and User Agreement (“ToSUA”) and Privacy Policy, which are available at http://www.us.playstation.com/support/useragreements. If you have participated in any previous phase of the beta trials for PlayStation®Home, you must accept these Terms in order to continue your participation in the Open Beta. You may not participate in Open Beta until you accept these Terms, and your acceptance of these Terms forms a binding contract between you and Sony Computer Entertainment America Inc. (“SCEA,” “we” or “us”).

You must be over 13 years of age and a PSN Account holder to participate in the Open Beta. If you are a Master Account holder, you may permit your Sub Accounts to participate in the Open Beta provided however that a) Sub Accounts who are under 13 years of age are expressly prohibited from participating in the Open Beta, and b) you must accept these Terms on the behalf of any eligible Sub Accounts who wish to participate in the Open Beta and be responsible for their actions throughout the Open Beta, including their compliance with these Terms, the ToSUA and Privacy Policy, as further described in Section 9 below.

1. As a condition of your participation in the Open Beta, you must:
   1. keep the Open Beta software secure and in good condition and recognize that the Open Beta software is licensed to you on a non-exclusive, revocable, non-transferable, limited basis and is not to be used for any other purpose than in connection with the Open Beta as permitted under these Terms. The Open Beta software must not be copied, transmitted, given or sold to anyone, nor reverse engineered or used to create any other work, including derivative works.
   2. abide by the Community Code of Conduct stated in the ToSUA.
   You are responsible for your and your Sub Account’s participation in PlayStation®Home, and you are also responsible for the activities of anyone using your Master Account to access the Open Beta.
2. We provide PlayStation®Home and any software, content and service provided in connection with PlayStation®Home or made available through PlayStation®Home (collectively, the “Home Service”) “AS IS” without any warranties and representations of any kind, whether express or implied, including any warranties of merchantability or fitness for particular purpose or non-infringement. We accept no liability to you or any third party for your conduct or the conduct of third parties, including other Users in PlayStation®Home. Without limiting the scope of this section, we give no warranty or representation about the quality, functionality, availability, completeness, accuracy or performance of the Home Service. To the extent permitted by applicable law, we exclude all direct and indirect, special and consequential damages and liability, including liability for loss of data or unauthorized access to data and for any harm or damage you may suffer as a result of using or accessing any portion of the Home Service. Your sole and exclusive remedy is to stop using the Open Beta software and cease participation in the Open Beta.
3. The Home Service is made available to you solely for your non-commercial, revocable, personal use and is limited to viewing, game-playing and communication during the Open Beta. Some portions of the Home Service, including game trailers and movie trailers, may not be reproduced, modified, translated, distributed, displayed, retained, downloaded or otherwise disclosed or exploited for any purpose without the express, prior written consent of SCEA. Your access to or use of these portions of the Home Service is limited solely to the rights granted in this section.
   
   Some content or services may be subject to additional notices or terms and conditions. You should review these additional notices or terms and conditions before accessing such content or services. For example, you may have the opportunity to interact with other Users from other countries in PlayStation®Home that are operated by one of SCEA’s affiliates. SCEA’s affiliate may have terms and conditions in addition to or different than these Terms and may require that you abide by such terms and conditions. If you do not agree with any of these additional terms and conditions, you are not licensed to access that portion of the Home Service and must not do so.
   
   From time-to-time, we may also conduct contests, sweepstakes or promotions and make available other offerings (“Offering(s)”). Additional rules, terms and conditions may apply to any Offering, including a requirement that participants be at least 18 years old. Please review all Offering terms carefully. If you do not agree with any of these additional terms and conditions, you should not and are not licensed to participate in the Offering and must not do so. We reserve the right to modify, change or cancel any Offering, and Offerings are void where prohibited.
4. The Home Service is in beta. From time to time, we will modify the Home Service without any notice to you. Modifications may include automatic software updates, upgrades or removal of content or services that may cause a loss of data, content, functionality or utility. You authorize us to make all the modifications we deem necessary or desirable. You agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
5. The Home Service may include tools that may give you the ability to communicate with other Users and to post, stream or transmit pictures, photographs, game-related materials, music, home video content and other information in some areas of PlayStation®Home (“User Material”). We may also provide you with certain content to use in creating your User Material. User Material created or delivered into PlayStation®Home by you will belong to you. Any and all content provided by us, however, will still belong to us or our licensors as applicable. Please refer to the ToSUA for further details.
   
   Your use of the tools or content provided by us must comply with the Terms, the ToSUA and Privacy Policy. In particular, you must adhere to the Community Code of Conduct (Section 3 of the ToSUA).
   
   While you will own any User Material created by you, you hereby authorize us, our affiliated companies and other Users, to use, distribute, copy, modify, display, and publish your User Material throughout PlayStation®Home. You also hereby authorize us and our affiliated companies, without payment, notification or attribution to you, to use your User Material in the promotion of PlayStation® products and services. You shall not commercially exploit your User Material without our consent. You waive any moral rights you may have in your User Material. By posting, streaming or transmitting User Material, you represent and warrant that you have all rights necessary to use, post, stream and transmit such User Material and to grant the rights set out in this paragraph.
6. During the Open Beta, you will provide us with your views and feedback on PlayStation®Home and may send us ideas for improvements, enhancements and other changes in connection with PlayStation®Home (“Suggested Changes”). You agree that, notwithstanding any selections you may have made previously to decline receipt of information or be contacted by us or our subsidiaries or affiliated companies, we may contact you regarding your Suggested Changes. You acknowledge that we may implement such Suggested Changes in whole or in part without any notice or attribution, payment or other compensation, to you or any third party and that such Suggested Changes will become our intellectual property to use for any purpose. If your submissions are not your original ideas, please do not submit them.
7. We cannot monitor the whole of PlayStation®Home and make no commitment to do so. We reserve the right, however, through any means we deem appropriate, to monitor and record your activity, interactions and communication in the Home Service (including in public spaces, club houses and apartments) and to remove any content from PlayStation®Home at our sole discretion and without notice to you. We reserve the right, but do not have any obligation, to moderate, filter, edit, block or inhibit your activities, interactions, User Materials and communications in the Home Service and to remove, block or edit any content from PlayStation®Home at our sole discretion. We may appoint SCEA affiliates or other companies to undertake any of these activities for us. Any data received in this way, including the content of your voice and text communications, the time and location of your activities, and your online ID and IP address may be processed to ensure your compliance (including the compliance by any Sub Accounts) with these Terms, the ToSUA, Privacy Policy and any applicable laws, and may be passed along to the appropriate authorities where deemed necessary by us. By accepting these Terms, you expressly consent to these terms for the duration of your use of the Home Services and for any additional period necessary for us to process your data, User Content or activities.
8. We reserve the right to suspend or cancel the Open Beta or your access to the Open Beta at any time at our sole discretion.
9. If we believe that you or any of your Sub Accounts are in breach of any of these Terms, the ToSUA, Privacy Policy or any other applicable governing agreement, or that the use of the Home Services by you or your Sub Accounts is in violation of state, federal or international law, we may take any and all actions to protect our interests, including terminating your participation in the Open Beta and your Master Account and any associated Sub Accounts and, in the case of suspected violation of laws, we may also report you to the appropriate agency. We will not refund the cost of any purchased content or services, whether delivered to you or not at time of suspension.
   
   If you are in breach of any of these Terms or any other terms of service or agreements connected with the Home Service, you agree that our affiliates, sub-contractors, providers and licensors are third-party beneficiaries to these Terms and have the rights to enforce these Terms against you.
10. The word “including,” as used in these Terms, shall mean “including but not limited to.”
11. We may modify these Terms at any time. You can view the current Terms at http://www.us.playstation.com/termsofuse. Please check regularly to ensure that you are aware of any changes. You will be notified of material changes by an onscreen posting as you sign onto PlayStation®Home or by email to your current email address as registered on PlayStation®Home or the PlayStation®Network. Your continued use of PlayStation®Home after any changes signifies your acceptance of the changes in the Terms. Acceptance of the Terms is a condition of your use of the Home Services; if you cannot accept the changes to these Terms, you will no longer be licensed to use the Home Service and you must immediately stop your participation in the Open Beta.
12. We will only use the information from the Open Beta to operate the Open Beta and provide Users with better information and services about PlayStation®Home and other offerings. We may share your details with our affiliates and sub-contractors, and they may use such information in their respective territories, but only for the same reasons that we use the information. We may assign our rights and obligations under these Terms to any of our affiliates and sub-contractors without your consent, provided that such assignment does not adversely affect your rights under these Terms.
13. These Terms, the ToSUA, Privacy Policy and any additional terms and conditions provided in connection with PlayStation®Home set forth the entire agreement between you and us and supersede all prior agreements and understandings, written or oral and between you and us relating to the subject matter of these agreements.
14. In the event that any provision of these Terms or portion thereof is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision or part thereof shall be enforced to the extent possible consistent with the stated intention of the parties, or if incapable of such enforcement, shall be deemed to be deleted from these Terms, while the reminder of these Terms shall continue in full force and remain in effect according to its stated terms and conditions.
15. These Terms shall be governed by and construed under the laws of the State of California. Any action or proceeding brought to enforce these Terms or adjudicate any dispute arising out of this Agreement shall be heard in the County of San Mateo, State of California (if under State law) or the Northern District of California (if under Federal law). Each of the parties submits to the exclusive jurisdiction and venue of such courts for purposes of such action.