In order to use this Nintendo video game system, you must read and accept this agreement. This is an agreement (the “Agreement”) between you and Nintendo Co., Ltd (together with its subsidiaries and affiliates, collectively “Nintendo” or “we” or “our”) and provides you with important information about this Nintendo video game system. Please read all of the provisions in this Agreement carefully and accept them before using this Nintendo video game system. You are deemed to have agreed to this Agreement by using this Nintendo video game system for the first time. If you are under the age of 18, you must get your parent or legal guardian to read and accept all the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, you must not activate or use this Nintendo video game system. The terms and conditions of this Agreement shall be applicable to all of the users of this Nintendo video game system, and your usage of this Nintendo video game system is deemed to be an acceptance of the provisions of this Agreement.
Article 1 License Grant
Subject to compliance with this Agreement, except as otherwise expressly provided, you will be granted the right to use software, contents and data which belong to this Nintendo video game system, or which are compatible with this Nintendo video game system and licensed lawfully and separately (together with items which are, or will be, provided by Nintendo or a third party authorized by Nintendo, collectively, the “Software”) on this Nintendo video game system in Malaysia. In connection with such license, you shall agree to the following items.
- （1）The Software is licensed, not transferred to you.
- （2）The License of the Software is a non-exclusive and may be withdrawn by Nintendo at any time.
- （3）You may not use the Software for commercial purpose.
- （4）You may not copy, duplicate, publish, transmit publicly, lease, modify or reverse engineer the Software.
- （5）You may not illegally modify this Nintendo video game system itself, its peripheral equipment or the Software, or may not use any peripheral equipment of this Nintendo video game system or any software which are not authorized by Nintendo.
- （6）Without notice to you, update programs, patches and system updates (collectively, the “Updates”) may be provided to you in order to add or improve the controls, security and function of this Nintendo video game system itself, its peripheral equipment, the Software and any services available using this Nintendo video game system (collectively, the “System”).
- （7）You may have to accept the Updates of the System in order to use a part or all of the System.
- （8）In connection with an Update, the System may not be rolled back to the state before the Update.
- （9）In connection with an Update, without notice to you, the System itself or the information on the System, in whole or in part, may be suspended for use, changed or deleted.
- （10）In connection with an Update, without notice to you, the System with an unauthorized modification or an unauthorized System may become unusable.
- （11）You may not use the System in an illegal manner.
- （12）In connection with the System, you may not perform any action which causes any troubles to or diminishes Nintendo’s or a third party’s intellectual property rights and any other right, title and interest (including Personality rights, such as moral rights).
- （13）You may not access Nintendo’s or a third party’s system, equipment, account or data without permission.
Article 2 Use of Your Information
Article 3 Reservation of Rights
Neither the sale, transfer, license, nor your use of the System shall transfer any title or ownership (including the Software) of any and all intellectual property (namely, intellectual property rights, hardware, software, software code, documents and any other information such as know-how) owned by Nintendo or any third party. We reserve all rights that we have not expressly granted to you in this Agreement.
Article 4 Amendment, Termination and Cancellation of this Agreement
Nintendo may amend from time to time the contents of this Agreement by publicizing the amendments on its website. If you use the Software after the amendment of this Agreement, you are deemed to have agreed to such amended Agreement. If you perform disposition (including assignment to a third party) of this Nintendo video game system, you must cease to use all the Software and initialize this Nintendo video game system. Initialization of this Nintendo video game system shall terminate this Agreement between you and Nintendo, and you shall inform the next user that this Agreement shall bind the next user of this Nintendo video game system. If you do not comply with this Agreement or notifications for usage or guideline issued by Nintendo from time to time (the updated version at the time), Nintendo may, without a prior notice, suspend the usage of a part or all of the Software and cancel this Agreement. Even if this Agreement is terminated or cancelled in accordance with the provisions herein, the provision from Article 2 to Article 8 in this Agreement shall remain in effect.
Article 5 Disclaimer and Limitation of Liability
You shall use the System at your sole risk. No Information or advice provided by Nintendo creates a warranty. The System is provided on an “as is” basis without warranty of any kind. To the greatest extent permitted by law, Nintendo disclaims any and all warranties with respect to the System, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Nintendo shall assume liability for damages caused by reasons attributable to Nintendo (except for any incidental, special, consequential, exemplary, indirect or punitive damages); provided, however, that except in cases of willful misconduct or gross negligence by Nintendo and to the greatest extent permitted by law, Nintendo will not be liable for any damages incurred by you or a third party beyond the extent normally expected in connection to your access, use, misuse, or inability to use the System or data on the System, or termination or cancellation of this Agreement, even if Nintendo has expected the possibility of such disadvantage or damages. In any event, Nintendo’s aggregate liability to you in connection with any claims arising out of or relating to the system is limited to the amount you actually paid for the System, except in cases of willful misconduct or gross negligence by Nintendo and to the greatest extent permitted by law. If a law restricts our ability to limit liability or disclaim warranties, the limitations listed above may not apply to you. In that case, we limit our liability and disclaim warranties to the greatest extent permitted by law. For the avoidance of doubt, nothing in this Agreement shall exclude or restrict Nintendo’s liability for death or personal injury resulting from Nintendo’s negligence.
Article 6 Prohibition of Transfer of Rights
Except as otherwise provided by this Agreement, whatever the reason may be or whether with or without consideration, you may not transfer, lend or otherwise dispose of your contractual status or your rights and duties hereunder, or sublicense the software.
Article 7 Severability
If any provisions of this Agreement should be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Article 8 Court of Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan. Any dispute between you and Nintendo arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Kyoto District Court as the court of first instance.