PHANTASY STAR ONLINE BLUE BURST
END USER LICENSE AGREEMENT

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT ("EULA") BEFORE USING PHANTASY STAR ONLINE BLUE BURST (THE "PROGRAM"). USE OF THE PROGRAM IS SUBJECT TO: 1) THE TERMS OF THIS EULA; 2) THE SUBSCRIBER AGREEMENT AND TERMS OF SERVICE (THE "SUBSCRIBER AGREEMENT"); AND 3) THE "RULES OF CONDUCT"), ALL SET FORTH AT http://www.sega.com/psobb, WHICH MAY BE MODIFIED THERE BY SEGA FROM TIME TO TIME. IN THE EVENT OF A CONFLICT BETWEEN THIS EULA AND EITHER THE SUBSCRIBER AGREEMENT OR THE RULES OF CONDUCT, THE LATTER TWO SHALL BE CONTROLLING. FOR PURPOSES OF THIS EULA, THE PROGRAM INCLUDES THE SOFTWARE INCLUDED WITH THIS EULA, THE ASSOCIATE D MEDIA, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE PROGRAM, ANY PRINTE D MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES AND DERIVATIVE WORKS OF SUCH SOFTWARE AN D MATERIALS. BY DOWNLOADING, INSTALLING, AND/OR USING THE PROGRAM, YOU ACCEPT THE TERMS OF THIS EULA WITH SEGA CORPORATION AND ITS AFFILATES (COLLECTIVELY, "SEGA").

LIMITED USE LICENSE

SEGA grants you the non-exclusive, non-transferable, limited right and license (the "License") to install and use one copy of the Program solely and exclusively for your personal use. All rights not specifically granted under this License are reserved by SEGA. The Program is licensed, not sold. The license does not give you any title or ownership in the Program and should not be construed as a sale or transfer of any intellectual property rights to the Program. All rights not specifically granted under this EULA are reserved by SEGA and, as applicable, its licensors.

OWNERSHIP

You agree and acknowledge that all title, ownership rights, and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by SEGA or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and SEGA's licensors may protect their rights in the event of any violation of this EULA.

YOU SHALL NOT

(a) Without written permission from SEGA, exploit the Program or any of its parts commercially, including but not limited to use at a cyber (Internet) cafe, computer gaming center or any other location-based site. SEGA may, at its sole discretion, offer a separate site-based license agreement to permit you to make the Program available for commercial use. See the contact information below;

(b) Without a separate, additional License, use the Program, or permit use of the Program, in a network, multi-user arrangement, or remote access arrangement, including any online use, except as otherwise explicitly permitted by SEGA in writing;

(c) Make copies of the Program or any part thereof, except for backup or archival purposes, or make copies of any of the materials accompanying the Program;

(d) Sell, rent, lease, license, distribute or otherwise transfer the Program, or any copies of the Program, in whole or in part, without the express prior written consent of SEGA;

(e) Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of this Program, in whole or in part;

(f) Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Program

(g) Export or re-export the Program or any copy or adaptation in violation of any applicable laws or regulations;

(h) Create data or executable programs that mimic data or functionality in the Program.

LIMITED WARRANTY

THE PROGRAM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SEGA SHALL HAVE NO LIABILITY TO YOU FOR ANY REASON 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 CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES OR JURISDICTIONS SEGA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION ON DAMAGES

IN NO EVENT WILL SEGA BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION 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 LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE PROGRAM. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS OF DAMAGES, AND IN SUCH STATES OR JURISDICTIONS SEGA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TERMINATION

Without prejudice to any other rights of SEGA, the License shall terminate automatically if you fail to comply with its terms and conditions of this EULA. 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.

INJUNCTION

Because SEGA would be irreparably damaged if the terms of this EULA 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 EULA, 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 EULA

MISCELLANEOUS

This EULA represents the complete agreement concerning the License between you and SEGA, and supersedes all prior agreements and representations between them regarding the same subject matter. It may be amended only by a writing executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected. This EULA shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.

If you have any questions concerning the License or EULA, you may contact SEGA at psobb@segaamerica.com.