Gog Eula
Gog Eula
Usage Data
Without prejudice to paragraph 4 above, we may from time to time during your gam
eplay collect non-personally identifiable information about your hardware system
including how you are using the Software Product. This information may also in
clude your internet protocol (I.P.) address (a numeric number assigned by your i
nternet service provider to identify your PC). This information may be used not
only to help you play the game on the Software Product over the Internet (where
the Software Product contains Online Features) but also to help us better under
stand how our customers are using the game, their behaviour and preferences, so
that we can improve our computer games and services in the future. This informa
tion will not, however, be used to personally identify you without you being awa
re of it and without your further, separate consent having been given.
6.
In-Game Advertising
The Software Product may incorporate technology (which may be provided by Square
Enix or third party service providers engaged by Square Enix (each a "Dynamic A
dvertising Provider")) which enables advertising to be uploaded into the Softwar
e Product on your PC, and changed while the Software Product is being played online. In order that the Dynamic Advertising Provider is able to direct advertis
ing appropriate to your Software Product and geographic region, as well as to th
e correct location within the computer game, certain non-personally identifiable
data and information may be retrieved and retained by the Dynamic Advertising P
rovider including your I.P. address, geographic location, in-game position, and
information concerning the appearance of advertising visible during your gamepla
y (for example, the length of time an item of advertising was visible, the dimen
sions of the advertisements). In addition, the Dynamic Advertising Provider may
assign a unique identification number which is stored on your PC and which is us
ed to monitor and calculate the number of views of dynamic advertising during ga
meplay. None of the information collected for this purpose including the identi
fication number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside
your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the techno
logy which serves the provision of dynamic in-game advertising is integrated wit
hin the Software Product. This means that if you do not want to receive dynamic
advertising, you should only play the game when you are not connected to the In
ternet.
7. Termination
Without prejudice to any other rights, Square Enix may terminate this EULA immed
iately without notice if you fail to comply with the terms and conditions of thi
s EULA. In the event of termination, you must destroy all copies of the Software
Product and all of its component parts including any Software Product stored on
the hard disk of any computer. All provisions of this EULA relating to disclai
mers or warranties, limitations of liability, remedies, or damages and Square En
ix s proprietary rights shall survive termination.
8. Ownership
You only own the media on which the Software Product is recorded. Square Enix an
d/or its licensors shall at all times retain ownership of the Software Product a
s recorded on the media and all subsequent copies regardless of form.
9. Limited Warranty and Exclusions
9.1 THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. T
O THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS LICENSORS
DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPR
ESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIO
NS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PR
OPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE
PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF
THE FOREGOING, SQUARE ENIX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-F
REE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SQUARE ENIX WILL REPA
IR ANY ERRORS IN THE SOFTWARE PRODUCT. SQUARE ENIX FURTHER DOES NOT WARRANT THAT
THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL
FOR MINIMUM TECHNICAL SPECIFICATIONS.
Miscellaneous
11.1
If you acquired this Software Product in the United States of America, y
ou will not export or re-export it except as authorised and permitted by the law
s and regulations of the United States of America.
11.2
Without prejudice to paragraph 9.4, this EULA constitutes the entire agr
eement between Square Enix and you with respect to the license and use of the So
ftware Product and supersedes all prior or contemporaneous understandings. No a
mendment or modification of this EULA will be binding unless made in writing and
signed by a duly authorised representative of Square Enix.
========================================
== GOG.com End-User License Agreement ==
========================================
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE PROGRAM.
This end user license agreement (this Agreement ) is a legal agreement between yo
u (an individual or a single entity You ) and GOG.com or GOG Limited ( Company ) for th
e accompanying software product which includes computer software and any associa
ted media, printed materials, and/or online or electronic documentation (collectiv
ely, the Program ). By installing, copying, or otherwise using the Program, you ac
knowledge that you have read this Agreement and agree to be bound by the terms.
If you do not accept or agree to the terms of this Agreement, do not install or
use the Program.
1.License. Company grants you a non-exclusive, non-transferable license to use
the Program, but retains all property rights in the Program and all copies there
of. This Program is licensed, not sold, for your personal, non-commercial use.
Your license confers no title or ownership in this Program and should not be co
nstrued as any sale of any rights in this Program. You may not transfer, distri
bute, rent, sub-license, or lease the Program or documentation, except as provid
ed herein; alter, modify, or adapt the Program or documentation, or portions the
reof including, but not limited to, translation, decompiling or disassembling.
You agree not to modify or attempt to reverse engineer, decompile, or disassembl
e the Program, except and only to the extent that such activity is expressly per
mitted under applicable law notwithstanding this limitation. All rights not exp
ressly granted under this Agreement are reserved by Company.
2.No Warranty. You are responsible for assessing your own computer and the resu
lts to be obtained therefrom. You expressly agree that use of the Program is at
your sole risk. The Program is provided on an as is, as available basis, unless su
ch warranties are legally incapable of exclusion. Company and its licensors dis
claim all warranties and conditions, whether oral or written, express, or implie
d, including without limitation any implied warranties or conditions of merchant
ability, fitness for a particular purpose, non-infringement of third party right
s, and those arising from a course of dealing or usage of trade, regarding the P
rogram. Company and its licensors assume no responsibility for any damages suff
ered by you, including, but not limited to, loss of data, items or other materia
ls from errors or other malfunctions caused by Company, its licensors, licensee
and/or subcontractors, or by your or any other participant s own errors and/or omi
ssions. Company and its licensors make no warranty with respect to any related
software or hardware used or provided by Company in connection with the Program
except as expressly set forth above.
3.Limitation of Liability. You acknowledge and agree that Company and its licen
sors shall not assume or have any liability for any action by Company or its con
tent providers, other participants, or other licensors with respect to conduct,
communication, or content of the Program. Company and its licensors shall not b
e liable for any indirect, incidental, special, punitive, exemplary, or conseque
ntial damages resulting hereunder in any manner, even if advised of the possibil
ity of such damages. Except as expressly provided herein, Company s and its licen
sors entire liability to you and your exclusive remedy for any breach of this Agr
eement is limited solely to the total amount paid by you for the Program, if any
. Because some states do not allow the exclusion or limitation of liability for
certain damages, in such states Company s and its licensors liability is limited t