Nintendo of America

This is the same End User License Agreement (EULA) that must be accepted when a Wii console is powered on for the first time. It is provided here for your convenience should you need to review it.

Wii End User License Agreement

Article: Grant of License

Nintendo grants you a personal, limited, non-exclusive, revocable license to use the Wii Network Service, in accordance with this agreement. Specifically:

• The Wii Network Service is solely for your own personal recreational use, however, you are responsible for your use and for anyone elses use of the Wii Network Service through your Wii Console, whether or not you give them permission to do so. You are responsible for ensuring that all those using the Wii Network Service through your Wii Console understand and agree to the terms of this agreement.
• You may not transfer or assign this license to another person or entity, and any attempt to transfer or assign this license will be void.
• You may not use or attempt to use the Wii Network Service for any commercial purpose, any illegal purpose, in a way that may harm another person or company, or in an unauthorized or otherwise improper manner as we may specify from time to time.
• You are responsible for clearing all Content, and any personal data, and all other stored sensitive information that is resident on your Wii Console prior to selling or otherwise transferring your Wii Console to any third party. If you acquire a used Wii console, you are also responsible for clearing all Content, personal data, and all other stored sensitive information that may be resident on your Wii Console at the time you acquire it. You do not have any right to use any of that Content, personal data, or information stored on a used Wii console.
• The Wii Network Service is licensed to you for use on your Wii Console only in the United States, Canada, or Latin America.
• This license, or any portion thereof, may be revoked by Nintendo at any time, for any reason whatsoever.

Chapter: Unauthorized Devices or Accessories.

Your Wii Console and the Wii Network Service are not designed for use with any unauthorized device or any non-licensed accessory. You may not use any such device in connection with your Wii Console or Wii Network Service. Such use may be illegal, voids any warranty and is a breach by you of this agreement. Nintendo may take steps to disable any unauthorized device installed in your Wii Console, including, but not limited to detecting and disabling your Wii Console through the Wii Network Service and/or game software. If a modification is detected, your access to the Wii Network Service may be disabled and/or games may be unplayable until the modification is removed. Further, such use may lead to injury to yourself or others and may cause performance issues and/or damage to your Wii Console and the Wii Network Service. Nintendo (as well as any Nintendo licensee or distributor) is not responsible for any damage or loss caused by the use of such device or non-licensed accessory.

 

Chapter: Wii Console System Updates.

You understand that the Wii Console system specifications are constantly evolving. In an effort to provide you with the latest system enhancements and features, we may either send a systems update to your Wii Console without notice to you, or ask you to accept a systems update for your Wii Console. Such systems update may need to be accepted in order to play new Wii games or continue to access the Wii Network Service.

Article: Content

Nintendo may upgrade, change or terminate the Wii Network Services, and/or the Content and Products offered as part of the Wii Network Service, at our own discretion at any time with or without notice to you.

 

Chapter: Wii Shop Channel Services.

Article: Wii Shop Channel Account.

Your Wii Console includes a Wii Shop Channel Account that allows you to use the Wii Shop Channel Services. A Wii Shop Channel Account is personal to you. You may not sell or transfer your Wii Shop Channel Account or any Content or Product associated with your Wii Shop Channel Account to any other person.

You are responsible for monitoring your Wii Shop Channel Account and setting up appropriate parental controls functions and measures to limit access to your Wii Shop Channel Account. You are responsible for anyone using your Wii Shop Channel Account, whether with or without your permission.

Article: Points.

The Wii Shop Channel Services allow you to use Points you have purchased to license Content or purchase Products. Points are not your personal property. Points have no cash or monetary value and are non-refundable.

Points are for your own personal use. Once Points are placed into your Wii Shop Channel Account, you may not withdraw, sell or transfer them to another person. You may only use Points to license Content or purchase Product for your Wii console unless we expressly permit you to use Points for another purpose. You are responsible for your use of Points placed into your Wii Shop Channel Account, and for anyone elses use of those Points, whether or not you give them permission to do so.

If we suspect fraudulent or unlawful activity concerning the Points in your Wii Shop Channel Account or your use of those Points, we may cancel, suspend or otherwise limit your access to the Wii Network Service, or any portion thereof, and your right to use the Wii Shop Channel Services, including your Points, will immediately end. If, as a result, Points are deleted from your Wii Shop Channel Account, they will only be reinstated at Nintendos sole discretion.

Article: Credit Card Charges and Your Billing Account.

You may use your credit card to purchase Points on-line. You represent to us that you are authorized to use the credit card and you agree that you are responsible for all charges to that credit card. Unless otherwise required by law, all charges to the credit card used to purchase Points are nonrefundable.

Article: Account History.

Each time you purchase Points on-line through the Wii Shop Channel Services, and each time you use Points to license Content or purchase Products, the transaction will be reflected in your account history. You may obtain your account history through the Wii Shop Channel Services. Account history information will be available for transactions conducted within the last calendar year.

 

Chapter: WiiConnect24

By registering for the Wii Network Service, you agree that Nintendo may provide you with WiiConnect24.

Article: Upgrades and Changes.

Nintendo may upgrade any software distributed through WiiConnect24 or change the Internet content of WiiConnect24, in part or in whole, at any time.

 

Chapter: Other

Article: Third Party Providers.

Nintendo may offer third party services and/or material to you, including Content and Products, through the Wii Network Service, so that you may license Content or purchase Product from Nintendo using Points. Nintendo may also allow third parties to directly provide services and/or material to you for the Wii Network Service.

Article: Intellectual Property.

Nintendo owns all right, title and interest in, or has the right to use and sublicense, the Wii Network Service and the Nintendo Intellectual Property. We do not provide you with any interest in the Wii Network Service or the Nintendo Intellectual Property. Nintendo reserves all other rights.

Article: Prohibition of Duplication, Modification and Reverse-Engineering.

Only Nintendo has the right to host the Wii Network Service. Accordingly, you may not host, intercept, emulate, reverse engineer or redirect the communication protocols used by Nintendo as part of the Wii Network Service, regardless of the method used to do so. Prohibited methods include, but are not limited to, protocol emulation, reverse engineering, modifying, adding components to, or using a utility program to host, the Wii Network Service, the Wii Console, the Nintendo Intellectual Property, or any portion of any of these. You may not create works based on the Nintendo Intellectual Property, or adapt, distribute or make the Nintendo Intellectual Property transmittable to the public. If you do not abide by these requirements, Nintendo shall own all right, title and interest in any such works created, adapted, distributed or transmitted.

Article: Parental Controls Function.

We provide the ability to limit access to certain features of the Wii Console and the Wii Network Service through a parental controls function. You may use the parental controls function to limit access to certain features, if you believe that certain features or material are not appropriate. However, you are responsible for any features or material that any person gains access to through your Wii Console or Wii Network Service even if you use the parental controls function. Please see the Wii Channel manual for instructions on how to set up the parental controls function.

Article: Code of Conduct.

Your use of the Wii Network Service is subject to the Wii Network Service Code of Conduct ("Wii Code of Conduct"), which prohibits all harmful, illegal or otherwise offensive conduct. The Wii Code of Conduct is contained at the end of this agreement. The most current version of the Wii Code of Conduct, which may be revised by us from time to time, will always be posted at http://support.nintendo.com. If you do not have Internet access, you may contact Nintendos Customer Service Department at any time and we will mail you a current version of the Wii Code of Conduct, free of charge.

Article: Submissions.

Please do not send us any creative or original materials such as ideas for toys, games or other products, or any creative suggestions, ideas, notes, drawings, concepts or other information. Any unsolicited submissions become the sole and exclusive property of Nintendo and may be used by us with no obligation of confidentiality, payment or attribution.

Article: Protection of Personal Information.

Nintendo is committed to protecting the privacy and security of your personal information. The Wii Network Service Privacy Policy is contained at the end of this agreement, and applies to information submitted or collected through the Wii Network Service ("Wii Privacy Policy"). The most current version of the Wii Privacy Policy, which may be revised by us from time to time, will always be posted at http://support.nintendo.com. If you do not have Internet access, you may contact Nintendos Customer Service Department at any time and we will mail you a current version of the Wii Privacy Policy, free of charge.

Article: Warranties.

Although we stand behind Nintendo's SERVICE, CONTENT AND products, Nintendo and Nintendo's licensees, licensors and third party suppliers are providing the Wii Network Service, including THE content, PRODUCTS, THE use of points, and related services, "as is" and "as available," without warranty of any kind (including any implied warranty of merchantability, non-infringement, or fitness for a particular purpose), to the extent permitted by law. This means, for example, that we do not guarantee that the Wii Network Service will always work properly. This also means we do not guarantee that the Wii Network Service, CONTENT or Products will be free from viruses, hacks, or other potentially harmful intrusions. Please note that some states do not allow such warranty limitations, so these limitations may not apply to you. PLEASE SEE THE WII OPERATIONS MANUAL SYSTEMS SET UP FOR ANY WARRANTIES THAT APPLY TO THE WII CONSOLE.

Article: Limitation on Claims.

If you think you have a claim against Nintendo related to the Wii Console or the Wii Network Service, you must take legal action within one (1) year after the date of the alleged incident. After the one-year period expires, you may never raise that claim.

Article: Change, Suspension or Discontinuance of Wii Network Service.

We may change, suspend, or discontinue the Wii Network Service, or any feature or aspect of the Wii Network Service, at any time, with or without notice to you and without liability to Nintendo. This includes, but is not limited to the availability of the Wii Network Service, Content, Products, Points, and the number of Points required to redeem a particular Product.

Article: Limited Responsibilities and Indemnification.

You agree to waive any and all rights to claim any damages or losses caused to you or relating to your inability to use the Wii Network Service. You understand that you might never be fully compensated for your loss if we (or one of Nintendos licensors) somehow harm you. This is because we limit Nintendos liability to you (and to others) in several ways:

• Your ability to recover damages from us and our licensors is limited: you may recover only direct damages, up to the total amount you have ever paid for Points. Generally, direct damages are losses you (or anyone else) suffer as the immediate result of something someone has done wrong.
• You may not recover any other types of damages (such as punitive, special, consequential, or incidental), no matter the reason. For example, sometimes a court will award a special amount of damages to punish the person at fault. Or sometimes, a person might have to pay for damages where the person did not directly cause harm. You agree that we (and our licensees and licensors) will never have to pay these types of damages to you.
• We (and Nintendos licensees and licensors) are also not liable to anyone else, or for the actions or inactions of anyone else. For example, if your friend is somehow harmed from using the Wii Network Service or the Wii Console, we are not responsible to you or your friend, or to anyone else. If another person somehow harms you while using your Wii Console or Wii Network Service, we are not liable to you for that other persons actions.

These limitations on Nintendos liability apply to all matters relating to the Wii Network Service and the Wii Console, including your use of the Wii Network Service and your use of Products that do not specify other limitations on liability. These limitations also apply to any legal theory, including breach of contract, breach of warranty, strict liability, negligence or other tort. Please note, however, that some states do not permit certain limitations like these, so these limits on other damages may not fully apply to you.

If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify Nintendo and its licensors and licensees from all of the losses and costs related to your breach.

Article: Expiration and Termination of Agreement.

You may cancel your Wii Shop Channel Account by contacting Nintendos Customer Service Department, or by following the instructions set forth in the Wii Shop Channel. Upon cancellation or termination of your Wii Shop Channel Account, you will no longer be able to use the Wii Shop Channel Services. You will lose all downloaded Content and will forfeit any rights to any unused Points, which become the property of Nintendo.

We may terminate this agreement, or any portion thereof, at any time, for any reason whatsoever. Such termination will void any licenses granted in accordance with this agreement and may prevent your use of the Wii Network Service.You may terminate this agreement by removing Content and Products from the Wii Console and forfeiting any rights to Points in your Wii Shop Channel Account. Termination of this agreement will prevent your use of the Wii Network Service.

We have no obligation to return Points in your Wii Shop Channel Account or Content or Products at any time, including upon any termination.

In the event this agreement is terminated or cancelled, the following Articles will remain in effect: (i) Unauthorized Devices or Accessories; (ii) Credit Card Charges and Your Billing Account; (iii) Prohibition of Duplication, Modification, and Reverse- Engineering; (iv) Submissions; (v) Intellectual Property; (vi) Warranties; (vii) Limitation on Claims; (viii) Change, Suspension or Discontinuance of the Wii Network Service; (ix) Limited Responsibilities and Indemnification; (x) Governing Law and Legal Jurisdiction; and (xi) Agreement Interpretation.

Article: Current Agreement and Updates.

Nintendo may change the terms and conditions of this agreement, including the Wii Code of Conduct and Wii Privacy Policy which are both made a part of this agreement, at any time. A current version of this agreement will always be available on the Internet at http://support.nintendo.com. If you do not have Internet access, please contact Nintendos Customer Service Department and we will mail you a current version of this agreement, free of charge. We will post notice on http://support.nintendo.com of any changes to the agreement at least 5 days before the changes become legally binding on you. If you do not agree to these changes, it is your responsibility to cancel your Wii Network Service in accordance with this agreement. If you do not have Internet access, you should also periodically contact Customer Service Department, and ask whether there have been any changes to the agreement since the last version you obtained.

Article: Non-Assignability.

You are responsible for use of your Wii Console and the Wii Network Service by your friends and family. You may not assign this agreement to a third party. Any attempt by you to assign this agreement, or any part of this agreement, is void.

Article: Notices.

To contact Nintendos Customer Service Department, you may either: (i)Send an email to useragreement@noa.nintendo.com; (ii)Send a letter to Nintendo of America Inc., attn: User Agreement, 4820 150th Ave NE, Redmond, WA 98052; or (iii) call, toll free, 1-888-977-7627.

For all legal matters, such as to file a claim against us or to notify us of an alleged violation under the Digital Millennium Copyright Act, you must contact or notify us in writing to: Nintendo of America Inc. Attn: General Counsel, 4820 150th Ave NE, Redmond, WA 98052.

Article: Governing Law and Legal Jurisdiction.

You agree that this agreement and any claims arising under it will be governed by the laws of the State of Washington, without reference to conflict of laws principles. If you want to sue us with respect to a claim related to this agreement, your lawsuit must be brought in King County, Washington and you consent to the jurisdiction of courts located there.

Article: Definitions.

"Content" means the software and content, which Nintendo owns, or has obtained the right to use, distribute or sublicense, and which is availableon the Wii console to download, is sent by Nintendo through the the Wii Shop Channel Services, or is available for download as one or more channels on the Wii Network Service.

"Nintendo Intellectual Property" means all intellectual property associated with the Wii Console and the Wii Network Service, including but not limited to trademarks, service marks, logos, designs, copyrights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which Nintendo developed, owns or is granted a license to use.

"Points" means the points, which you purchase from Nintendo through the Wii Shop Channel Services, or through points cards sold or distributed by Nintendo or Nintendo's promotional partners, and which may be used by you in exchange for a license to Content or to purchase Products.

"Products" means any goods other than Content which are made available for purchase through the Wii Shop Channel Services.

"WiiConnect24" means the service whereby Nintendo can distribute software, material, email and other data to your Wii Console at anytime and whereby you can send and receive emails, photographs and other material using your Wii Console.

"Wii Console" means Nintendo's system (including the Wii Remote) sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.

"Wii Network Service" means the Wii Shop Channel Services, WiiConnect24, and any related services and material delivered to your Wii Console over the Internet, including but not limited to Content, Products and Points.

"Wii Shop Channel Account" means an account on your Wii Console and which you use in connection with the Wii Shop Channel Services.

"Wii Shop Channel Services" means the services related to the Wii Shop Channel Account, Points, Content, Products, online store, and download service, all of which Nintendo directly or indirectly operates, as outlined in this agreement.