Beta Trial Agreement

Thank you for your interest in participating in beta trials for Home (the "Trials"). References to "Trialists" are to participants in the Trials.

Participation in the Trials is on the terms of this agreement ("Terms"), which apply in addition to the PLAYSTATION®Network Terms of Service and User Agreement ("ToSUA") you have already accepted. Notwithstanding the privacy policy referred to in the ToSUA, you acknowledge that as part of these Terms, you will be subject to the terms of the Home Beta Trial Privacy Policy available at www.homebetatrial.com. You will only be able to take part in the Trials if you accept these Terms. Acceptance of these Terms forms a binding contract between you and Sony Computer Entertainment Europe Limited of 10 Great Marlborough Street, London, W1F 7LP ("us", "we"). You must be over 18 years of age and a PSN Master Account Holder to participate in the Trials.

1. In keeping with the aim and spirit of the Trials, you must:
   1. keep the contents of the Trials confidential as between you and us and not discuss them with anyone beyond your close friends and family and other Trialists. In particular, neither you nor your friends and family shall discuss them with anyone linked to a competing format and/or any news and/or information services or on any chat-line (whether on television or radio, in newspaper or magazines, or via the Internet or any other medium).
   2. keep the Trial software secure and in good condition and recognize that the Trial 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 the Trials. The Trial software must not be copied, given or sold to anyone nor reverse engineered or used to create derivative works.
2. At all times during the Trials you must act lawfully and with respect towards other Trialists. In particular you must not:
   1. abuse or harass others, including but not limited to stalking or bullying;
   2. use offensive or vulgar language, images, or sounds in any forum, communication, public profile or other publicly viewable areas. This includes speech that is racially, ethnically, or religiously offensive, defamation, threats, bullying and stalking;
   3. organise hate groups or use or promote hate speech;
   4. cheat or engage in deceptive or misleading practices;
   5. use any unauthorised hardware or software to access or use Home or make, or distribute unauthorised software or hardware in conjunction with Home (including but not limited to cheat code, software or devices that circumvent any security features or limitations included on any software or devices);
   6. modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;
   7. cause disruption to any account, system, hardware, software, or network connected to Home for any reason, including to gain an unfair advantage;
   8. bypass or attempt to bypass any user authentication systems or security feature;
   9. attempt to hack or reverse engineer any code or equipment in connection with Home (unless permitted by applicable law);
   10. send excessive communications that are disruptive (spamming) to the normal process of the Trials or that are otherwise unsolicited;
   11. use Home in any way for commercial purposes, unless expressly authorised by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);
   12. introduce content that will be harmful to us, our licensors or other users, such as any code or virus that may damage any property or interfere with the use of Home, any content or the PSN;
   13. access, use, or distribute any content or material that you know or should have known to be infringing or pirated;
   14. impersonate any other person (famous or otherwise), including another user, our employees or employees of any third party company;
   15. provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
   16. engage in any activity to gain access to or interfere with any unauthorised account, system, hardware, software, or network connected to Home or the PSN;
   17. sell, buy, or trade your online ID, your personal access to the Trials or Home or any content or services accessed via Home, through any means or method, including use of web auction sites;
   18. conduct any activities that violate any applicable laws;
   19. use Home in any way that harms us or any of our affiliates, subsidiaries, licensors, service providers, partners or users; or
   20. otherwise misuse Home.

   You are responsible for any activity on Home conducted via your Master Account or any related sub-account.

3. We accept no liability to you for the activity of other Trialists on Home and no liability to you or others for your activity on Home. We give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Home or any content and services available via Home. We provide Home "AS IS" without any warranties and representations of any kind, whether expressed or implied, including but not limited to any warranties of merchantability or fitness for particular purpose, or non-infringement. We do not guarantee Home will always be available or error free. To the extent permitted by applicable law, we exclude all direct and indirect, special, consequential damages and liability, including liability for loss of data or unauthorised access to data and for damage caused to your software or hardware as a result of using or accessing Home. Your sole, exclusive remedy is to stop using the Trial software and cease participation in the Trials.
4. The content we provide on Home is solely for your non-commercial, personal use limited to viewing, game-playing, and communication during this Trial. Some content, including without limitation, game trailers, movie trailers, and User Materials (defined below) submitted by other Trialists may not be reproduced, modified, translated, distributed, displayed or retained or downloaded by you, or otherwise exploited for any purpose. Your access to or use of such content is limited solely to the rights granted in this section. Some content may be subject to additional notices or terms and conditions which you will have an opportunity to preview before you access the content. If you do not agree with such terms, you must not access the content.
5. From time to time during the Trials we will modify Home. Content, services and software may be modified automatically and without notice. Modifications may include automatic updates or upgrades which cause loss of data or content and loss of function or utility. You hereby authorise us to make all such modifications and agree that, to the extent permitted by applicable law, we are not liable for any loss of data, content, function or utility.
6. You may have the opportunity to post pictures, photographs, game-related materials, or other information through Home to share with the other Trialists ("User Material"). We do not claim ownership of any User Material you submit or make available for inclusion in Home. You authorise us, and other Trialists to use, distribute, copy, modify, display, perform and publish your User Material throughout Home and other associated services worldwide without payment to you or any third party, and you waive any moral rights you may have in your User Material. By posting User Material, you represent and warrant that (i) you have all rights, including licences from third parties, necessary to post such User Material and grant the rights required hereunder, and (ii) you have paid all third parties for any royalties and fees that you might owe as a result of use, display or distribution of such content. If you are not certain you have received all necessary rights from third parties, you may not use, post or transmit such content. We are not responsible for any User Material or communications of Trialists, may not have control over such content, and do not review any of User Materials prior to each Trialist's transmission or display of such content.

   You agree to cooperate with us and our affiliates and subsidiaries in resolving any dispute that may arise from your posting of User Material through Home. We reserve the right to refuse to post and/or to remove any User Material at our discretion.

7. During the Trial, you will provide us with your views and feedback on Home and may send us ideas for improvements, enhancements and other changes in connection with 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 any of our subsidiaries or affiliated companies, that we may contact you to solicit your Suggested Changes. You acknowledge that we may implement such Suggested Changes in whole or in part without any 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.
8. We reserve the right to monitor and record your online activity and communication via Home and to remove any content from Home at our sole discretion. We may appoint other companies to do this for us. By accepting these Terms, you expressly consent to this. However, we cannot monitor all of Home and we make no commitment to do so.
9. We reserve the right to suspend or cancel the Trials or your access to the Trials at any time in our absolute discretion.
10. If we believe that you are in breach of any of these Terms or any other terms of service or agreements connected with Home, we may take all actions to protect our interests, including terminating your participation in the Trials. We will not refund the cost of any purchased content or services.

    If you are in breach of any of these Terms or any other terms of service or agreements connected with Home, our affiliates and sub-contractors in the United States of America, Japan and Australia shall also have the right to enforce these Terms as though a party to them. Except as set out in this paragraph, no third party shall be entitled to rely on these Terms under the Contract (Rights of Third Parties) Act 1999. We may modify or rescind these Terms as set out below without the consent of our affiliates and sub-contractors.

11. We may modify these Terms at any time. Please check regularly to ensure that you are aware of any changes. You will be notified of material changes by a posting as you sign in to Home or by email to your current email address as registered on Home. Your continued use of Home after any changes signifies your acceptance of those changes. If you do not accept material changes to these Terms you must stop participating in the Trials.
12. We are based in the United Kingdom and any information you submit to us will be stored and used by us within the United Kingdom. We will only use the information you give us to operate the Trials, send you information about the Trials (by email) and to analyse the results. We will share your details with our affiliates and sub-contractors in the United Kingdom and elsewhere (including Australia, Japan and the United States of America), and they may use such information in their respective territories, but only for the same reasons. 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. If you want to change the details you have registered with us, please contact info@eu.homebetatrial.com.
14. To the extent permitted by applicable law, these Terms shall be construed and interpreted in accordance with the laws of England and the contract between you and us shall be deemed to have been formed and performed in England.

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