eula
eula
This limited software warranty and license agreement (this "Agreement") may be
periodically updated and the current version will be posted at
www.take2games.com/eula (the "Website"). Your continued use of the Software
after a revised Agreement has been posted constitutes your acceptance of its
terms.
THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE
ACCOMPANYING MANUAL(S), PACKAGING, AND OTHER WRITTEN FILES, ELECTRONIC OR ON-
LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND
ITS MATERIALS.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS OF
THIS AGREEMENT, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, COPY, OR USE
THE SOFTWARE.
### LICENSE/h3>
Subject to this Agreement and its terms and conditions, Licensor hereby grants
you a nonexclusive, non-transferable, limited, and revocable right and license
to use one copy of the Software for your personal, non-commercial use for
gameplay on a single Game Platform (e.g. computer, mobile device, or gaming
console) as intended by Licensor unless otherwise expressly specified in the
Software documentation. Your license rights are subject to your compliance
with this Agreement. The term of your license under this Agreement shall
commence on the date that you install or otherwise use the Software and ends
on the earlier date of either your disposal of the Software or the termination
of this Agreement (see below).
The Software is licensed, not sold, to you, and you hereby acknowledge that no
title or ownership in the Software is being transferred or assigned and this
Agreement should not be construed as a sale of any rights in the Software.
Licensor retains all right, title, and interest to the Software, including,
but not limited to, all copyrights, trademarks, trade secrets, trade names,
proprietary rights, patents, titles, computer codes, audiovisual effects,
themes, characters, character names, stories, dialog, settings, artwork,
sounds effects, musical works, and moral rights. The Software is protected by
U.S. copyright and trademark law and applicable laws and treaties throughout
the world. The Software may not be copied, reproduced, altered, modified, or
distributed in any manner or medium, in whole or in part, without prior
written consent from Licensor. Any persons copying, reproducing, or
distributing all or any portion of the Software in any manner or medium, will
be willfully violating the copyright laws and may be subject to civil and
criminal penalties in the U.S. or their local country. Be advised that U.S.
copyright violations are subject to statutory penalties of up to $150,000 per
violation. The Software contains certain licensed materials and Licensor's
licensors may also protect their rights in the event of any violation of this
Agreement. All rights not expressly granted under this Agreement are reserved
by Licensor and, as applicable, its licensors.
You agree not to, and not to provide guidance or instruction to any other
individual or entity on how to:
USER CREATED CONTENT: The Software may allow you to create content, including,
but not limited to, a gameplay map, scenario, screenshot, car design,
character, item, or video of your game play. In exchange for use of the
Software, and to the extent that your contributions through use of the
Software give rise to any copyright interest, you hereby grant Licensor an
exclusive, perpetual, irrevocable, fully transferable, and sub-licensable
worldwide right and license to use your contributions in any way and for any
purpose in connection with the Software and related goods and services,
including, but not limited to, the rights to reproduce, copy, adapt, modify,
perform, display, publish, broadcast, transmit, or otherwise communicate to
the public by any means whether now known or unknown and distribute your
contributions without any further notice or compensation to you of any kind
for the whole duration of protection granted to intellectual property rights
by applicable laws and international conventions. You hereby waive and agree
never to assert any moral rights of paternity, publication, reputation, or
attribution with respect to Licensor's and other players' use and enjoyment of
such assets in connection with the Software and related goods and services
under applicable law. This license grant to Licensor, and terms above
regarding any applicable moral rights, will survive any termination of this
Agreement.
If the Software allows you to purchase and/or earn through play a license to
use Virtual Currency and Virtual Goods, the following additional terms and
conditions apply.
VIRTUAL CURRENCY & VIRTUAL GOODS : The Software may enable users to (i) use
fictional virtual currency as a medium of exchange exclusively within the
Software ("Virtual Currency" or "VC") and (ii) gain access to (and certain
limited rights to use) virtual goods within the Software ("Virtual Goods" or
"VG"). Regardless of the terminology used, VC and VG represent a limited
license right governed by this Agreement. Subject to the terms of and
compliance with this Agreement, Licensor hereby grants you the nonexclusive,
non-transferable, non-sublicensable, limited right and license to use VC and
VG obtained by you for your personal, non-commercial gameplay exclusively
within the Software. Except as otherwise prohibited by applicable law, VC and
VG obtained by you are licensed to you, and you hereby acknowledge that no
title or ownership in or to VC and VG is being transferred or assigned
hereunder. This Agreement should not be construed as a sale of any rights in
VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a
substitute for real currency. You acknowledge and agree that Licensor may
revise or take action that impacts the perceived value of or purchase price
for any VC and/or VG at any time except as prohibited by applicable law. VC
and VG do not incur fees for non-use; provided, however, that the license
granted hereunder to VC and VG will terminate in accordance with the terms and
conditions of this Agreement and the Software documentation, when Licensor
ceases providing the Software, or this Agreement is otherwise terminated.
Licensor, in its sole discretion, reserves the right to charge fees for the
right to access or use VC or VG and/or may distribute VC or VG with or without
charge.
EARNING & PURCHASING VIRTUAL CURRENCY & VIRTUAL GOODS: You may have the
ability to purchase VC or to earn VC from Licensor for the completion of
certain activities or accomplishments in the Software. For example, Licensor
may provide VC or VG upon the completion of an in-game activity, such as
attaining a new level, completing a task, or creating user content. Once
obtained, VC and/or VG will be credited to your User Account. You may purchase
VC and VG only within the Software, or through a platform, participating
third-party online store, application store, or other store authorized by
Licensor (all referred to herein as "Software Store"). Purchase and use of in-
game items or currency through a Software Store are subject to the Software
Store's governing documents, including but not limited to, the Terms of
Service and User Agreement. This online service has been sublicensed to you by
the Software Store. Licensor may offer discounts or promotions on the purchase
of VC, and such discounts and promotions may be modified or discontinued by
Licensor at any time without notice to you. Upon completing an authorized
purchase of VC from an Application Store, the amount of purchased VC will be
credited to your User Account. The Licensor shall establish a maximum amount
you may spend to purchase VC per transaction and/or per day, which may vary
depending on the associated Software. Licensor, in its sole discretion, may
impose additional limits on the amount of VC you may purchase or use, how you
may use VC, and the maximum balance of VC that may be credited to your User
Account. You are solely responsible for all VC purchases made through your
User Account regardless of whether or not authorized by you.
BALANCE CALCULATION: You can access and view your available VC and VG in your
User Account when logged into your User Account. Licensor reserves the right,
in its sole discretion, to make all calculations regarding the available VC
and VG in your User Account. Licensor further reserves the right, in its sole
discretion, to determine the amount of and manner in which VC is credited and
debited from your User Account in connection with your purchase of VG or for
other purposes. While Licensor strives to make all such calculations on a
consistent and reasonable basis, you hereby acknowledge and agree that
Licensor's determination of the available VC and VG in your User Account is
final, unless you can provide documentation to Licensor that such calculation
was or is intentionally incorrect.
USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased in-game Virtual
Currency and/or Virtual Goods may be consumed or lost by players in the course
of gameplay according to the game's rules applicable to currency and goods,
which may vary depending on the associated Software. VC and VG may only be
used within the Software, and Licensor, in its sole discretion, may limit use
of VC and/or VG to a single game. The authorized uses and purposes of VC and
VG may change at any time. Your available VC and/or VG as shown in your User
Account will be reduced each time you use VC and/or VG within the Software.
The use of any VC and/or VG constitutes a demand against and withdrawal from
your available VC and/or VG in your User Account. You must have sufficient
available VC and/or VG in your User Account in order to complete a transaction
within the Software. VC and/or VG in your User Account may be reduced without
notice upon the occurrence of certain events related to your use of the
Software: For example, you may lose VC or VG upon the loss of a game or the
death of your character. You are responsible for all uses of VC and/or VG made
through your User Account, regardless of whether or not authorized by you. You
must notify Licensor immediately upon discovering the unauthorized use of any
VC and/or VG made through your User Account by submitting a support request at
www.take2games.com/support.
NON-REDEEMABLE: VC and VG may only be redeemed for in-game goods and services.
You may not sell, lease, license, or rent VC or VG, convert them into
convertible VC. VC and VG may only be redeemed for in-game goods or services
and are not redeemable for any sum of money or monetary value or other goods
from Licensor or any other person or entity at any time, except as expressly
provided herein or otherwise required by applicable law. VC and VG have no
cash value, and neither Licensor nor any other person or entity has any
obligation to exchange your VC or VG for anything of value, including, but not
limited to, real currency.
This Agreement and the provision of the Software through any Software Store
(including the purchase of VC or VG) is subject to the additional terms and
conditions set forth on or in or required by the applicable Software Store and
all such applicable terms and conditions are incorporated herein by this
reference. Licensor is not responsible or liable to you for any credit card or
bank-related charges or other charges or fees related to your purchase
transactions within the Software or through a Software Store. All such
transactions are administered by the Software Store, not Licensor. Licensor
expressly disclaims any liability for any such transactions, and you agree
that your sole remedy regarding all transactions is from or through such
Software Store.
This Agreement is solely between you and Licensor, and not with any Software
Store. You acknowledge that the Software Store has no obligation to furnish
any maintenance or support services to you in connection with the Software.
Except for the foregoing, to the maximum extent permitted by applicable law,
the Software Store will have no other warranty obligation whatsoever with
respect to the Software. Any claim in connection with the Software related to
product liability, a failure to conform to applicable legal or regulatory
requirements, claims under consumer protection or similar legislation or
intellectual property infringement are governed by this Agreement, and the
Software Store is not responsible for such claims. You must comply with the
Software Store Terms of Service and any other Software Store applicable rules
or policies. The license to the Software is a non-transferable license to use
the Software only on an applicable device that you own or control. You
represent that you are not located in any U.S.-embargoed countries or other
geographical areas or on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person's list
or Entity List. The Software Store is a third-party beneficiary to this
Agreement and may enforce this Agreement against you.
For the purposes all data privacy issues, including the collection, use,
disclosure, and transfer of your personal information and other information,
the Privacy Policy located at www.take2games.com/privacy, as amended from time
to time, takes precedence over any other statement in this Agreement.
### WARRANTY/h3>
LIMITED WARRANTY: Licensor warrants to you (if you are the initial and
original purchaser of the Software but not if you obtain the pre-recorded
Software and accompanying documentation as a transfer from the original
purchaser) that the original storage medium holding the Software is free from
defects in material and workmanship under normal use and service for 90 days
from the date of purchase. Licensor warrants to you that the Software is
compatible with a personal computer meeting the minimum system requirements
listed in the Software documentation or that it has been certified by the
gaming unit producer as compatible with the gaming unit for which it has been
published. However, due to variations in hardware, software, internet
connections, and individual usage, Licensor does not warrant the performance
of the Software on your specific computer or gaming unit. Licensor does not
warrant against interference with your enjoyment of the Software; that the
Software will meet your requirements; that operation of the Software will be
uninterrupted or error-free; or that the Software will be compatible with
third-party software or hardware or that any errors in the Software will be
corrected. No oral or written statement or advice provided by Licensor or any
authorized representative shall create a warranty. Because some jurisdictions
do not allow the exclusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer, some or all of
the above exclusions and limitations may not apply to you.
If for any reason you find a defect in the storage medium or Software during
the warranty period, Licensor agrees to replace, free of charge, any Software
discovered to be defective within the warranty period as long as the Software
is currently being manufactured by Licensor. If the Software is no longer
available, Licensor retains the right to substitute a similar piece of
Software of equal or greater value. This warranty is limited to the storage
medium and the Software as originally provided by Licensor and is not
applicable to normal wear and tear. This warranty shall not be applicable and
shall be void if the defect has arisen through abuse, mistreatment, or
neglect. Any implied warranties prescribed by statute are expressly limited to
the 90-day period described above.
Except as set forth above, and provided that if you are a resident of an EU
member state Licensor warrants that the Software will be fit for purpose and
of satisfactory quality, this warranty is in lieu of all other warranties,
whether oral or written, express or implied, including any other warranty of
merchantability, fitness for a particular purpose, or non-infringement, and no
other representations or warranties of any kind shall be binding on Licensor.
When returning the Software subject to the limited warranty above, please send
the original Software only to Licensor address specified below and include:
your name and return address; a photocopy of your dated sales receipt; and a
brief note describing the defect and the system on which you are running the
Software.
TO THE FULLEST EXTENT OF APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE,
OR MALFUNCTION OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO
PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, AND, TO THE
EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR
LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR
RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, WHETHER OR NOT LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT OF
APPLICABLE LAW, LICENSOR'S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY
APPLICABLE LAW) SHALL NOT EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE
SOFTWARE.
WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER
PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS.
SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND
WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS
OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO
THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT
SUCH EVENTS WILL NOT OCCUR. TO THE FULLEST EXTENT OF APPLICABLE LAW, WE
DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY
ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET,
WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE SOFTWARE AND RELATED
SERVICES AND PRODUCTS.
### TERMINATION/h3>
The Software 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 Licensor at the
location listed below.
You hereby agree that if the terms of this Agreement are not specifically
enforced, Licensor will be irreparably damaged, and therefore you agree that
Licensor shall be entitled, without bond, other security, or proof of damages,
to appropriate equitable remedies with respect any of this Agreement,
including temporary and permanent injunctive relief, in addition to any other
available remedies.
You shall be responsible and liable to Licensor and any and all of its
affiliates, officers, directors, and employees for all taxes, duties, and
levies of any kind imposed by any governmental entity with respect to the
transactions contemplated under this Agreement, including interest and
penalties thereon (exclusive of taxes on Licensor's net income), irrespective
of whether included in any invoice sent to you at any time by Licensor. You
shall provide copies of any and all exemption certificates to Licensor if you
are entitled to any exemption. All expenses and costs incurred by you in
connection with your activities hereunder, if any, are your sole
responsibility. You are not entitled to reimbursement from Licensor for any
expenses, and will hold Licensor harmless therefrom.
All access to and use of the Software is subject to this Agreement, the
applicable Software documentation, Licensor's Terms of Service, and Licensor's
Privacy Policy, and all terms and conditions of the Terms of Service are
hereby incorporated into this Agreement by this reference. These agreements
represent the complete agreement between you and Licensor relating to use of
the Software and related services and products and supersede and replace any
prior agreements between you and Licensor, whether written or oral. To the
extent there is a conflict between this Agreement and the Terms of Service,
this Agreement shall control.
### MISCELLANEOUS/h3>
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT US IN
WRITING AT: TAKE-TWO INTERACTIVE SOFTWARE, INC., 622 BROADWAY, NEW YORK, NY
10012.
These license terms are in addition to all other terms of the Limited Software
Warranty; License Agreement, and Information Use Disclosures. If any Software
is provided to you through the Apple Inc. ("Apple") App Store, then the
following additional terms and conditions in this paragraph apply. This
Agreement is solely between you and Licensor, and not with Apple. You
acknowledge that Apple has no obligation to furnish any maintenance or support
services to you in connection with the Software. In the event of any failure
of the Software to conform to the Limited Warranty in this Agreement, you may
notify Apple, and Apple will refund the purchase price for the Software.
Except for the foregoing, to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the
Software. Any claim in connection with the Software related to product
liability, a failure to conform to applicable legal or regulatory
requirements, claims under consumer protection or similar legislation or
intellectual property infringement are governed by this Agreement, and Apple
is not responsible for such claims. You must comply with the App Store Terms
of Service, including the Usage Rules. The license to the Software is a non-
transferable license to use the Software only on an iPhone or iPod touch that
you own or control. You represent that you are not located in any U.S.
embargoed countries or on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person's list
or Entity List. Apple is a third party beneficiary to this Agreement and may
enforce this Agreement against you.
All other terms and conditions of the EULA apply to your use of the Software.
-------------------------------
1.1 This Agreement is a contract between you and GOG sp. z o.o., ul.
Jagiellonska 74, 03-301 Warsaw, Poland (we will further call ourselves "GOG")
and applies to www.GOG.com, your GOG user account, the GOG Downloader, GOG
Galaxy, any games or videos or other content which you purchase or access via
us, the GOG web forums, GOG customer and technical support and other services
we provide to you (we'll just call all this "GOG services" for short).
1.2 Also, when we're talking about games, in-game content, virtual items or
currency or GOG videos or other content which you can purchase or access via
GOG services, we�ll just call them "GOG games" or "GOG videos" respectively
and when we talk about them all together they are "GOG content". Simple, eh?
Oh, and one more thing � what we say in this Agreement covers our Privacy
Policy too (you can read it
[here](https://support.gog.com/hc/articles/212632109-Privacy-Policy)), so the
Privacy Policy is part of this Agreement.
1.3 GOG works with trusted partners, including our related company CD PROJEKT
S.A., developers and publishers, payment providers, customer service software
providers and others (�Partners") � more on them later in this Agreement.
1.4 If you're over 18, then welcome to GOG.com! If you're between 13 and 18
(or whatever is the age of adulthood in your country), before we extend an
equally warm welcome, please ask your parent or guardian to review and approve
this Agreement on your behalf (because in some countries people under a
certain age cannot legally enter into contracts like this Agreement). Legally,
children below 13 cannot have a GOG account (but their parents/guardians are
welcome to sign up themselves).
2.1 We give you and other GOG users the personal right (known legally as a
'licence') to use GOG services and to download and/or stream (depending on the
content) and use GOG content. This licence is for your personal use. We can
stop or suspend this licence in some situations, which are explained later on.
2.2 When you buy or install GOG games, you might have to agree to additional
contract terms with the developer/publisher of the game (e.g. they might ask
you to agree to a game specific End User Licence Agreement). If there is any
inconsistency or dispute between those �EULAs� and this Agreement, then this
Agreement wins.
2.3 With GOG videos, you can also stream purchased video content or download
it to watch the way you want.
2.4 Using certain third party scripts is recommended for your full use of
GOG.com functionality and, although that usage is optional, we cannot promise
full service performance without them.
2.5 A quick word about GOG Galaxy, which is our (optional) online service
which not only allows you to buy and access GOG content but also provides
online multiplayer and other cool game features like achievements, chat and
game-time tracking. You can learn more about it
[here](https://www.gog.com/galaxy).
3.1 To buy GOG content from GOG services, and in some cases to play/use GOG
content where our partners require use of a GOG account, you will need to set
up a GOG account. This will involve creating a password (which is encrypted so
we can�t access it) and a username, plus giving us (for identification
purposes) your email address. Please make sure your login credentials are kept
secure and your account is used properly. In your GOG Account settings you can
also optionally set your country of residence, birthday and avatar. Our
Privacy Policy gives more detail about the information we collect from you and
how we use it and protect it. It's at [Privacy
Policy](https://support.gog.com/hc/articles/212632109-Privacy-Policy).
3.2 You can use your GOG account to set up a public profile accessible by
other people. You can also use your GOG account to connect with other GOG
users. Please act sensibly and remember you are responsible for your own
actions
3.3 Your GOG account and GOG content are personal to you and cannot be shared
with, sold, gifted or transferred to anyone else. Your access to and use of
them is subject to GOG�s rules which are set out
[here](https://support.gog.com/hc/sections/202834565-FAQ-What-is-GOG-com-), as
updated or amended when necessary.
### 4\. SYSTEM REQUIREMENTS
4.1 Because GOG.com gives you access to many different games created at
different times, we cannot give you one set of system requirements for all GOG
services or GOG content.
4.2 What we can tell you is that using any GOG game will require an
appropriate operating system (please refer to the relevant GOG product page)
with all service packs and important updates installed on it. All GOG games
should be natively installed on a computer that meets or exceeds the minimum
hardware and software specifications shown on the GOG product page. GOG games
are not tested on virtual machine software and therefore we do not support
playing through them.
4.3 For GOG videos, please make sure your video player supports the videos�
format specified in the GOG product page.
5.1 As GOG.com develops, we may offer you optional access to 'beta' versions
of GOG software or services (e.g. new versions of the GOG Galaxy client made
available prior to its general release) or GOG content (more on that later)
6.1 Surprise surprise, after you decide that you like a GOG game, GOG video or
other GOG content, you usually will need to pay for it before you can access
it (though we do have some free content too!) You can pay in different ways:
(i) using a valid debit or credit card; or (ii) using PayPal or any other
authorised payment providers. Keep your payment details secure.
6.2 When you use a payment method to buy GOG content, we're relying on your
promise that you're able to use that method. You are responsible for any
purchases made using your GOG account or payment method and you agree to the
pricing, payment and billing policies applicable to them, as notified to you
at the time of purchase. All payments are non-refundable and non-transferable
except as expressly provided in this Agreement. Kids � your parent or guardian
needs to approve any purchase you make.
6.3 You can always pay for GOG content in US Dollars. However if you happen to
live in countries where your local currency is supported (see our Support
section [here](https://support.gog.com/hc/sections/202834625-FAQ-Payments-
pricing-and-promos) for details), you will be able to pay in your local
currency. You might have to pay a currency conversion charge if you are not
paying in your home currency and some banks might also add other kinds of
transaction fees.
6.4. All prices are visible in the product catalogue page. They�re inclusive
of legally applicable sales taxes/VAT.
**GOG Wallet**
6.5 GOG offers users a digital account balance called the "GOG Wallet" in
connection with your user account, which you can use to make purchases of GOG
content. Funds can be added to it in two ways: (i) using your chosen payment
method; or (ii) by us as part of our �Free Wallet� program (see below). The
GOG Wallet is made available subject to rules which are set out on our GOG
Wallet page [here](https://support.gog.com/hc/sections/202834605-FAQ-GOG-
Wallet).
6.6 In some situations we may be able to offer you a credit to your GOG
account which you can redeem against GOG purchases (we�ll call this "Free
Wallet"). For example, as we explain in section 6.9 we may offer GOG Wallet
funds in connection with our Fair Pricing policy in some situations. We may
also issue time-limited bonus codes which give you free or reduced price
access to GOG content (we�ll call them "Bonus Codes").
6.7 If you receive Free Wallet or Bonus Codes when you buy GOG content but
later decide to return that GOG content, then we think it�s fair for you to
return the Free Wallet or Bonus Codes too. Therefore, we will: (i) remove from
your GOG account any unused Free Wallet which you received because of that GOG
content; (ii) if you have used any of that Free Wallet to purchase other GOG
content, then we will deduct the amount of that used Free Wallet from your
refund; and (iii) for Bonus Codes, we will terminate it or, if it has been
redeemed for a GOG game, that game will be removed from your account.
6.8 Free Wallet and Bonus Codes are subject to our GOG Wallet rules (see
section 6.5 above). Free Wallet is valid for one year unless it is mixed with
any GOG Wallet funds obtained with real money, in which case the total balance
will not have any expiry date until that total balance is reduced to zero (at
which point the process resets again).
**Fair Pricing**
6.9. We stand by the simple truth that $1 does not equal 1� - we are trying to
apply fair conversion rates. In a perfect world we would apply the same method
of pricing to all of the games we offer. However, things are a little bit more
complicated, and there are some games in our catalogue that follow a different
region-based pricing scheme. However, we wouldn't be GOG.com if we didn't find
a way to make it right by the users who end up paying relatively more for such
titles. Here's where the Fair Price Package comes in!
6.10. The Fair Price Package applies to all of the titles which we couldn't
include in our standard pricing scheme. If you end up paying more for a game
in your local currency than its US price, we'll refund you the difference out
of our own pocket. The refunded value will be added to your GOG Wallet in the
currency of your purchase. You'll be getting GOG Wallet funds that you can use
to purchase anything on GOG.com or partially pay for an item that's more
expensive. GOG Wallet funds will be credited to your GOG account in the
currency in which you bought the relevant GOG content (e.g. if you bought a
game in US Dollars, any GOG Wallet funds regarding it will be in US Dollars).
These GOG wallet funds will be subject to our �Free Wallet� special rule on
duration (see section 6.7).
6.11. Please treat this system sensibly and don't exploit it (for example by
using VPNs or other methods to manipulate how your location appears) � that's
not cool.
7.2. Neither this nor any other part of this User Agreement affects your
statutory rights.
7.3. We understand that sometimes a purchase doesn't turn out how you expected
and we want to be fair to GOG users. So here's our deal with you:
* a) **Preorders Refund:** if you preorder and pay for a GOG game, you can cancel
the preorder and get a full refund as long as we receive a valid request before the
game's full release date on GOG.com.
* b) **Early Exchange:** you can exchange validly purchased GOG content for a
replacement GOG game or video of equal or lower value if your request is made
within 30 days of the original purchase, provided the original GOG content has not
been downloaded, used or streamed. (For GOG content purchased during discount
periods, the discounted price applies.) You can exchange specific GOG content once
only. You can�t exchange GOG content you received as an exchange for other GOG
content.
* c) **Money back guarantee:** if you buy any GOG content and have significant
technical issues with it (e.g. there is a major show stopper bug in a game that
prevents you from finishing it), we will give you a full refund if all the
following requirements are met:
* (i) You must have genuine significant technical issues with the GOG content.
* (ii) You need to contact GOG Customer Support to request the refund within 30
days of the original purchase (if you received it from a GOG-authorised exchange
for another product, then the 30 day period starts running from the date of
exchange).
* (iii) GOG Customer Support must have a reasonable time period in which to try
to resolve the issue before they process the refund to you.
* d) **Withdrawal Right:** we give you the right to withdraw from a purchase of
GOG content without charge and for any reason within 30 days after you bought that
GOG content, IF it has not been downloaded, streamed, activated or used in any way
before then. If any of those things happen then your withdrawal right is lost.
* 7.4 **Final sale:** a sale is considered final either 30 days after purchase or
when you try to download the GOG content or any additional/bonus content. Once
either of those happens, you no longer will have any return, exchange or refund
options unless you have technical issues covered by paragraph (c) above. Virtual
items/currency and GOG Wallet funds are not covered by this section 7 and we cannot
therefore offer refund, early exchange, money back guarantee or withdrawal rights
regarding them.
**Games in Development**
7.5 GOG is releasing games that are still in development (such games are
referred to herein as �games in development�). This gives you the opportunity
to try out new and carefully selected games while they are still unfinished.
For more information, see the [games in development
FAQ](https://support.gog.com/hc/sections/115000157529-FAQ-Games-in-
development).
7.6 Just to be clear, these really are games in development: there may well be
incomplete features or gameplay bugs, errors and other problems. These games
might also never be finished. Ultimately, you have to accept them �as is�
without any liability or additional promises from us or the developer. They
are classed as �betas� under this User Agreement (see section 5 above).
7.7 To help out, we have a special return/refund policy for you: we will
refund any game in development that you want to return, for any reason, within
14 days of its respective purchase. A few additional points: (a) You will be
refunded the original purchase price at the time of your purchase. (b) If you
have gifted the game to someone else, you will still be able to obtain a
refund BUT the gifted game copy will be disabled. (c) This refund program will
be subject to a fair use policy: as long as you use it reasonably, you should
be fine. However, if we believe that you are acting unreasonably or are
abusing the program, then we reserve the right to refuse to grant you further
refunds. (d) This refund replaces all other refund rights which you might
otherwise have (e.g. our �30 day money back guarantee�), excluding any legally
required remedies. (e) A game that comes out of development within 14 days of
your purchase shall become subject to our regular �30 day money back
guarantee�, counting from the date of purchase.
8.1 With certain GOG content you may be able to purchase or acquire virtual
items and/or virtual currency (we�ll call them "Virtual Goods" for short).
Virtual Goods are subject to this Agreement and in particular the following
default rules, unless there are specific rules for that GOG content (which
will prevail over these rules).
8.2 Virtual Goods are digital items only with no cash-value or real world
existence and cannot be �bought�, �sold�, gifted, transferred or redeemed,
whether or not for other Virtual Goods, �real world� money, goods, services or
items of monetary value. Trading Virtual Goods is prohibited (unless you are
specifically permitted to do so). Your right to use any Virtual Goods is
limited to a limited, nonexclusive, non-assignable, non-transferable, non-
sublicensable, revocable licence to use them solely for your personal
entertainment and non-commercial use in the applicable GOG content. You have
no property interest or right or title in any Virtual Goods, which remains the
appropriate publisher�s property. Virtual Goods may be changed, amended or
reversed if necessary, including to enforce this Agreement. If necessary,
limits may be placed on the use of Virtual Goods (including transaction limits
and balance amounts).
8.3 The existence of a particular offer for Virtual Goods is not a commitment
by us to maintain or continue to make the Virtual Goods or that offer
available in the future. The scope, variety and type of Virtual Goods that you
may obtain can change and we have the right to manage, modify and remove
Virtual Goods if we consider necessary for the ongoing operation of GOG.com or
GOG content or for other legitimate reasons, in which case we will have no
liability to you or anyone for the exercise of such rights. We will make
reasonable efforts to notify you of any such change and to explain the reason
for such change.
9.1 Occasionally we may need to patch or update GOG services or GOG content
(for example to add or remove features or to resolve software bugs). We need
these rights in order to keep GOG.com running efficiently. Our Partners may
use GOG services to roll out patches or updates for applicable GOG content.
10.1 GOG services including (but not limited to) their graphics, computer
code, user interface, look and feel, audio, video, text, layout, databases,
data and all other content, and all legal and exploitation rights regarding
them are either owned by us or we license them from third parties. GOG content
is owned by its developers/publishers and licensed by us. All rights are
reserved except as we have explained in this Agreement. You may not use or
exploit any part of the GOG services or GOG content except as explained in
this Agreement.
10.2. GOG respects the intellectual property rights of others. Please read
more at [here](https://support.gog.com/hc/en-us/sections/115000136785).
11.1 Please follow these rules regarding the GOG services and GOG content.
Please read these rules carefully since failure to follow them (particularly
those in relation to cheating) will be considered a material breach of this
Agreement, which could lead to suspension or cancellation of your access to
GOG Services. Here are the rules:
* (a) Only use GOG services or GOG content for your personal enjoyment (for
example, don't use them to make money or for political purposes).
* (b) Regarding GOG content, what you can do practically (which includes to
modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or
create derivative works of it) depends on what the GOG content rights holder allows
you to do (GOG can�t grant such rights), so please check this with the rights
holder directly (the first thing you should do though is to check if they have a
EULA and if so what it says). We also ask that you make only genuine attempts to
improve the GOG content.
* (c) Regarding GOG services (which includes GOG software), unless you have prior
GOG permission please don�t modify, merge, distribute, translate, reverse engineer,
decompile, disassemble, or create derivative works of them � unless you�re allowed
in this Agreement or by the law in your country. We�d like to emphasise that you
are free to contact us for permission to do these things and we will review and
respond to those requests in good faith. More generally, at some point in the
future we want to open client protocols to make it easier for users to work with
GOG data/software without any need for reverse engineering or similar techniques.
* (d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content,
GOG Users or GOG personnel or use them for any similar purpose.
* (e) Do not create, use, make available and/or distribute cheats, exploits,
automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts,
trainers, extraction tools or other software that interact with or affect GOG
services in any way (including, without limitation, any unauthorised third party
programs that intercept, emulate, or redirect any communication between GOG or its
partners and GOG services and/or any unauthorised third party programs that collect
information about GOG Services).
* (f) Don't interfere with the GOG or third party network software or other
software including via tunnelling, code injection, modifying or changing GOG
software, using any other similar software together with GOG services or GOG
content, through protocol emulation, or through creation or use of private servers
regarding GOG services or GOG content. Do not access or attempt to access areas of
GOG.com or GOG servers that have not been made available to the public.
* (g) Don't do or say anything which is or may be considered racist, xenophobic,
sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!
* (h) Don�t share, �buy�, �sell�, transfer, gift, lend, steal or misappropriate
GOG accounts. GOG keys/codes can only be gifted or transferred or used in the ways
permitted by GOG.com. If you have any questions or problems, contact customer
support.
* (i) We ask you to follow any applicable geographic or regional, language or
location-based restrictions, requirements or rules regarding GOG.
* (j) We ask you not to do anything in connection with GOG that infringes any
copyright, trademark, patent, trade secret, privacy, publicity, or other right of
others, such as images, photographs, sound files, text files, graphics files, and
any other material or information.
12.1 This section is about content (e.g. text, photos or links) which you make
available either to us or to other GOG users via GOG services (for example
through your profile picture or through messages to other GOG users). We'll
call this "User Generated Content".
12.2 As far as we and you are concerned, you own any User Generated Content
but we need you to give us some limited rights over it so that we can actually
transmit it through GOG services. So, we ask you to give us a non-exclusive,
irrevocable licence to use, modify, reproduce, create derivative works from,
distribute, transmit, communicate and publicly display/perform your User
Generated Content in connection with GOG services.
12.3 It is your responsibility to make sure that you have all necessary legal
rights before you use User Generated Content and for checking they are safe to
use � we can't know that ourselves, and we can't check it for you, so we have
to rely on you.
12.4. However, we have the right (but not the obligation) to review and if
appropriate or legally necessary to remove any User Generated Content which is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic. If
you find that any such content has been posted on GOG services, please let us
know by contacting us at [legal@gog.com](mailto:legal@gog.com).
14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages,
'Let's Play' or other videos or artwork), you need to check with the content
owner (e.g. the developer or publisher) if they are OK with it and if so you
should get permission from them. The reason is simple � the GOG content is the
property of the respective owner, not GOG�s.
15.1 You might get links to third party websites or content through GOG
services. Using them is up to you � we can't promise they will work, what
they'll be like or if they're free.
15.2 You can also use your GOG account to get easy access to some external,
GOG approved partner services, e.g. The Witcher games and sites from our
related company CD PROJEKT. They will have their own terms and conditions
which you will need to agree and follow. Just to be clear: using these
services is all optional and up to you. You have the power!
15.3 A quick word about GOG Connect (which you can read more about
[here](https://www.gog.com/connect))This (optional) feature is provided
subject to Valve�s [Steam Web API Terms of
Use](https://steamcommunity.com/dev/apiterms) and therefore access to this
feature and how it works may change if necessary to reflect those Terms of
Use. Please also see section 9.3 of our Privacy Policy, which explains how we
use �Steam Data� and contains important liability provisions regarding it.
Please also see our GOG Connect FAQs which contain further information about
GOG Connect and how to use it.
16.1 We warrant that: (i) we have the right to enter this Agreement and to
grant you the licence to use GOG services in section 2.1; and (ii) we will
take reasonable care with the GOG services and your use of them; and (iii) we
will use reasonable endeavours to comply with applicable laws in performing
our obligations to you under this Agreement.
16.2. Your representations and warranties. You represent and warrant that you
have the full power and ability to enter into this Agreement and will follow
fully its terms. You also represent and warrant that any User Generated
Content, which you transmit via GOG services does not infringe upon the
intellectual property rights of any third party. You further represent and
warrant that you will not use or contribute User Generated Content that is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic.
16.3. We work hard to try to make GOG content work on your systems but we only
have limited time to carry out tests and we don't always get everything right.
Therefore, we can't accept any liability or responsibility for GOG content. We
are also not responsible for anything that happens to GOG.com or GOG services
which is outside of our control. However, don't forget you may be entitled to
GOG content return and refund if it has technical issues see section 7.3 (c).
17.1 Your right to terminate the Agreement. You may terminate this Agreement
at any time and without giving any reason by completely ceasing to use GOG
Services. If you would like us to delete your account please contact our
Support Team [here](https://support.gog.com/hc/requests/new?category=info).
Termination will not affect already existing rights or obligations of us or
you.
17.2. Our right to terminate the Agreement. If you materially breach this
Agreement, we reserve the right to suspend or cancel your access to GOG
services and GOG content. By material breach of the Agreement we mean a
serious breach which could cause significant harm to GOG, GOG users, as well
as, in particular breach of the provisions of section 11 above. If we suspend
or cancel your access to GOG services or GOG conent we'll take reasonable
steps to contact you to explain why we've done this and what (if anything) you
can do as a result.
17.3 It seems very unlikely, but if we have to stop providing access to GOG
services and GOG content permanently (not because of any breach by you), we
will try to give you at least sixty (60) days advance notice by posting a note
on www.gog.com and sending an email to every registered users � during that
time you should be able to download any GOG content you purchased.
18.1 Neither you nor us will be liable for any failure to perform any
obligation under this Agreement or to provide access to GOG services and GOG
content if that failure is caused by the happening of any unforeseen event
beyond your or our reasonable control including without limitation, Internet
outages, communications outages, fire, flood, war or act of God.
**For users resident in the European Union and elsewhere in the world (but not
the USA):**
19.1 You and we agree that your use of GOG services and GOG content and this
Agreement will be governed by and interpreted according to the laws of the
Republic of Poland and that any dispute regarding this Agreement will be heard
non-exclusively by the courts of the Republic of Poland. In any legal claim
under this Agreement, the side which wins will be entitled to its legal fees
and expenses
19.2. The above choice of governing law and jurisdiction is subject to any
mandatorily applicable principles of consumer protection or other law in your
jurisdiction of residence which would not otherwise be available.
**For users in the USA only:**
19.3 You and we agree that your use of GOG services and GOG content, and this
Agreement, will be deemed to be entered into in Los Angeles, California and
governed by and interpreted according to the laws of the State of California,
USA (and, if applicable, US Federal law). Any legal claim by you against
GOG.com will be made exclusively in any state or federal court located in Los
Angeles, California, which will have subject matter jurisdiction regarding the
dispute between you and us and therefore we both consent to the exclusive
jurisdiction of those courts. In any legal claim under this Agreement, the
side which wins will be entitled to its legal fees and expenses.
20.1 If you have concerns, claims or issues with us, we hope we can resolve
them quickly and amicably at
[here](https://support.gog.com/hc/requests/new?category=info). We will make
reasonable and good faith efforts to resolve any dispute between us
informally. We undertake to answer to any claim within 14 days.
20.2 If it is not resolved during this time, the next steps depend on where
you live. If you live within the EU you may submit your legal claims to the
online dispute resolution platform operated and provided by the European
Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in
order to reach an out of court settlement or initiate a lawsuit
20.3. If you live in the USA or the rest of the world (but not the EU) then
please contact us at [legal@gog.com](mailto:legal@gog.com).
21.2 This Agreement and the GOG Privacy Policy constitute the entire agreement
between you and us and supersede any earlier oral or written agreements. If
you disagree with this, please contact us as soon as possible after you start
using GOG services at [legal@gog.com](mailto:legal@gog.com) since otherwise
this will be binding on you after a reasonable time period (usually 30 days).
21.3 This Agreement governs our relationship with you (and vice versa). It
does not create any rights for anyone else.
21.4 Please remember we are subject to various laws and we may be required to
comply with law enforcement or other legal requirements.
21.6 You and we agree that the UN Convention on Contracts for the
International Sale of Goods does not apply this Agreement.
22.2 Any changes to the Agreement will come into force within 30 days of their
announcement online. In the meantime, you're welcome to contact us at
[legal@gog.com](mailto:legal@gog.com) if you have specific questions about the
changes.
22.3 If you don't agree to those changes (regardless of whether you email us),
then unfortunately we must ask you to cease using GOG services and GOG
content. We're sorry we have to say that, but we hope you'll appreciate that
for GOG.com to work properly we need to have everyone using it under the same
rules instead of different people having different rules. That's why we
encourage you to get in contact if you have queries or concerns.
22.4 Just so you know, we'll never just make a bunch of changes to this
Agreement, not tell you what they are and force you to agree to changes you
don't understand before you can use GOG.com!
23.1. If you have any complaint concerning your purchase, or simply you would
like to contact us, here are our contact details:
Registered at the District Court for Warsaw, 13th Commercial Division of the
National Court Register
E-mail: https://support.gog.com/hc/requests/new?category=info or
support@gog.com
-------------------------------
?
========================================
=== MICROSOFT SOFTWARE LICENSE TERMS ===
========================================
-------------------------------
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1\. INSTALLATION AND USE RIGHTS.
You may install and use any number of copies of the software.
2\. TERMS FOR SPECIFIC COMPONENTS.
a. Utilities. The software may contain some items on the Utilities List at .
You may copy and install these Utilities, if included with the software, onto
devices to debug and deploy your applications and databases you developed with
the software. Please note that Utilities are designed for temporary use, that
Microsoft may not be able to patch or update Utilities separately from the
rest of the software, and that some Utilities by their nature may make it
possible for others to access devices on which the Utilities are installed. As
a result, you should delete all Utilities you have installed after you finish
debugging or deploying your applications and databases. Microsoft is not
responsible for any third party use or access of Utilities you install on any
device.
b. Microsoft Platforms. The software may include components from Microsoft
Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange;
Microsoft Office; and Microsoft SharePoint. These components are governed by
separate agreements and their own product support policies, as described in
the Microsoft 'Licenses' folder accompanying the software, except that, if
license terms for those components are also included in the associated
installation directory, those license terms control.
c. Third Party Components. The software may include third party components
with separate legal notices or governed by other agreements, as may be
described in the ThirdPartyNotices file(s) accompanying the software. Even if
such components are governed by other agreements, the disclaimers and the
limitations on and exclusions of damages below also apply.
The software may also include components licensed under open source licenses
with source code availability obligations. Copies of those licenses, if
applicable, are included in the ThirdPartyNotices file(s). You may obtain this
source code from us, if and as required under the relevant open source
licenses, as set forth in the ThirdPartyNotices file(s). You may also find a
copy of the source code available at /.
3\. DATA. The software may collect information about you and your use of the
software, and send that to Microsoft. Microsoft may use this information to
provide services and improve our products and services. You may opt-out of
many of these scenarios, but not all, as described in the product
documentation. There are also some features in the software that may enable
you and Microsoft to collect data from users of your applications. If you use
these features, you must comply with applicable law, including providing
appropriate notices to users of your applications and you should provide a
copy of Microsoft's privacy statement to your users. The Microsoft privacy
statement is located here . You can learn more about data collection and use
in the help documentation and our privacy statement. Your use of the software
operates as your consent to these practices.
4\. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only
gives you some rights to use the software. Microsoft reserves all other
rights. Unless applicable law gives you more rights despite this limitation,
you may use the software only as expressly permitted in this agreement. In
doing so, you must comply with any technical limitations in the software that
only allow you to use it in certain ways. You may not
\- work around any technical limitations in the software;
\- reverse engineer, decompile or disassemble the software, or otherwise
attempt to derive the source code for the software except, and only to the
extent required by third party licensing terms governing the use of certain
open source components that may be included in the software;
\- remove, minimize, block or modify any notices of Microsoft or its suppliers
in the software;
\- use the software in any way that is against the law; or
\- share, publish, rent or lease the software, or provide the software as a
stand-alone hosted as solution for others to use, or transfer the software or
this agreement to any third party.
5\. EXPORT RESTRICTIONS. You must comply with all domestic and international
export laws and regulations that apply to the software, which include
restrictions on destinations, end users, and end use. For further information
on export restrictions, visit www.microsoft.com/exporting .
6\. SUPPORT SERVICES. Because this software is 'as is', we may not provide
support services for it.
7\. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire
agreement for the software and support services.
8\. APPLICABLE LAW. If you acquired the software in the United States,
Washington law applies to interpretation of and claims for breach of this
agreement, and the laws of the state where you live apply to all other claims.
If you acquired the software in any other country, its laws apply.
9\. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain
legal rights. You may have other rights, including consumer rights, under the
laws of your state or country. Separate and apart from your relationship with
Microsoft, you may also have rights with respect to the party from which you
acquired the software. This agreement does not change those other rights if
the laws of your state or country do not permit it to do so. For example, if
you acquired the software in one of the below regions, or mandatory country
law applies, then the following provisions apply to you:
a. Australia. You have statutory guarantees under the Australian Consumer Law
and nothing in this agreement is intended to affect those rights.
b. Canada. If you acquired this software in Canada, you may stop receiving
updates by turning off the automatic update feature, disconnecting your device
from the Internet (if and when you re-connect to the Internet, however, the
software will resume checking for and installing updates), or uninstalling the
software. The product documentation, if any, may also specify how to turn off
updates for your specific device or software.
c. Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. However,
Microsoft gives no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross
negligence, claims based on the Product Liability Act, as well as, in case of
death or personal or physical injury, Microsoft is liable according to the
statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight
negligence if Microsoft is in breach of such material contractual obligations,
the fulfillment of which facilitate the due performance of this agreement, the
breach of which would endanger the purpose of this agreement and the
compliance with which a party may constantly trust in (so-called "cardinal
obligations"). In other cases of slight negligence, Microsoft will not be
liable for slight negligence.
10\. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED 'AS-IS'. YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
11\. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY
OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR
INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services,
content (including code) on third party Internet sites, or third party
applications; and (b) claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the
possibility of the damages. The above limitation or exclusion may not apply to
you because your country may not allow the exclusion or limitation of
incidental, consequential or other damages.
-------------------------------
?NVIDIA CORPORATION
NVIDIA PhysX DRIVER END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is a legal agreement between
you (either individually or an entity) ("You" or "Your") and NVIDIA
Corporation ("NVIDIA") regarding the use of the NVIDIA PhysX Driver and any
accompanying documentation (collectively, the "Software").
YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN
BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS
AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE,
NOT INSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT
YOU HAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO
DOWNLOAD OR INSTALL OR USE SOFTWARE.
NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. ANY USE OF
THE PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED TERMS. A CURRENT VERSION OF THIS
AGREEMENT IS POSTED ON NVIDIA'S DEVELOPER WEBSITE:
www.developer.nvidia.com/object/physx_eula.html
This license is only granted to and only may be used by You. NVIDIA grants You
a limited, non-exclusive, non-transferable license to use the provided
Software for evaluation, testing and non-commercial production purposes
according to the terms set forth below:
2\. Ownership. This license is not a sale. Title, copyrights and all other
rights to the Software and any copy made by You remain with NVIDIA and its
suppliers and licensors. Unauthorized copying of the Software, or failure to
comply with the license restrictions set forth in Section 1(b) above, will
result in automatic termination of this license and will make available to
NVIDIA other legal remedies.
3\. Termination. This license is effective once You click the "AGREE" button
of this Agreement, or install or use the Software, and will continue until
terminated. Unauthorized copying of the Software, Your failure to comply with
the above restrictions or Your failure to comply with any terms of this
Agreement will result in automatic termination of this Agreement and will make
available to NVIDIA other legal remedies. Upon termination of this license for
any reason You will destroy all copies of the Software. Any use of the
Software after termination is unlawful. Upon termination of this Agreement,
all rights granted to You in this Agreement shall immediately terminate.
NVIDIA's rights and Your obligations under this Agreement shall survive any
termination of this Agreement.
4\. Trademarks. Certain of the product names used in this Agreement and the
Software constitute trademarks, trade names, trade dress, or service marks
("Trademarks") of NVIDIA or other third parties. You are not authorized to use
any such Trademarks for any purpose.
5\. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND NVIDIA
MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. NVIDIA AND ITS
SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION
WITH YOU, AND NVIDIA ANDITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA DOSE NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
7\. Indemnity. You agree to indemnify and hold NVIDIA, its successors,
assigns, subsidiaries, affiliates, officers, directors, agents, and employees
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Your failure to comply with this
Agreement or Your violation of any law or the rights of any third party.
8\. Legal Compliance. You agree that You shall fully comply with all
applicable laws, statutes, ordinances and regulations regarding Your use of
the Software.
9\. Governing Law and General Provisions. This Agreement shall not be governed
by the 1980 U.N. Convention on Contracts for the International Sale of Goods;
rather, this Agreement and the performance of the parties hereunder shall be
construed in accordance with and governed by the laws of the State of
California, U.S.A., except for its conflict of law rules. The exclusive
jurisdiction and venue of any action arising out of or related to this
Agreement will be either the state or federal courts in Santa Clara County,
California, U.S.A., and the parties agree and submit to the personal and
exclusive jurisdiction and venue of these courts. This Agreement is the entire
agreement between You and NVIDIA and supersedes any other communications,
representations or advertising with respect to the Software. If any provision
of this Agreement is held invalid or unenforceable, such provision shall be
revised to the extent necessary to cure the invalidity or unenforceability,
and the remainder of the Agreement shall continue in full force and effect.
Failure to prosecute a party's rights with respect to a default hereunder will
not constitute a waiver of the right to enforce rights with respect to the
same or any other breach. If You are acquiring the Software on behalf of any
part of the U.S. Government, the following provisions apply. The Software
programs and documentation are deemed to be "Commercial computer software" and
"Commercial computer software documentation" respectively, pursuant to DFAR
Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification,
reproduction, release, performance, display or disclosure of the Software
programs and/or documentation by the U.S. Government or any of its agencies
shall be governed solely by the terms of this Agreement and shall be
prohibited except to the extent expressly permitted by the terms of this
Agreement. Any technical data provided that is not covered by the above
provisions is deemed to be "Technical data-commercial items" pursuant to DFAR
Section 227.7015(a). Any use, modification, reproduction, release,
performance, display or disclosure of such technical data shall be governed by
the terms of DFAR Section 227.7015(b).
10\. Questions. Should You have any questions relating to this Agreement, or
if You desire to contact NVIDIA for any reason, please contact
PhysXLicensing@NVIDIA.com.
-------------------------------
?NVIDIA CORPORATION
NVIDIA PhysX DRIVER END USER LICENSE AGREEMENT
This End User License Agreement (the "Agreement") is a legal agreement between
you (either individually or an entity) ("You" or "Your") and NVIDIA
Corporation ("NVIDIA") regarding the use of the NVIDIA PhysX Driver and any
accompanying documentation (collectively, the "Software").
YOU MUST READ AND AGREE TO THE TERMS OF THIS AGREEMENT BEFORE ANY SOFTWARE CAN
BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "AGREE" BUTTON OF THIS
AGREEMENT, OR INSTALLING SOFTWARE, OR USING SOFTWARE, YOU ARE AGREEING TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH
THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE,
NOT INSTALL OR USE ANY SOFTWARE, AND DESTROY ALL COPIES OF THE SOFTWARE THAT
YOU HAVE DOWNLOADED. BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO
DOWNLOAD OR INSTALL OR USE SOFTWARE.
NVIDIA MAY MODIFY THE TERMS OF THIS AGREEMENT FROM TIME TO TIME. ANY USE OF
THE PHYSX SDK WILL BE SUBJECT TO SUCH UPDATED TERMS. A CURRENT VERSION OF THIS
AGREEMENT IS POSTED ON NVIDIA'S DEVELOPER WEBSITE:
www.developer.nvidia.com/object/physx_eula.html
This license is only granted to and only may be used by You. NVIDIA grants You
a limited, non-exclusive, non-transferable license to use the provided
Software for evaluation, testing and non-commercial production purposes
according to the terms set forth below:
2\. Ownership. This license is not a sale. Title, copyrights and all other
rights to the Software and any copy made by You remain with NVIDIA and its
suppliers and licensors. Unauthorized copying of the Software, or failure to
comply with the license restrictions set forth in Section 1(b) above, will
result in automatic termination of this license and will make available to
NVIDIA other legal remedies.
3\. Termination. This license is effective once You click the "AGREE" button
of this Agreement, or install or use the Software, and will continue until
terminated. Unauthorized copying of the Software, Your failure to comply with
the above restrictions or Your failure to comply with any terms of this
Agreement will result in automatic termination of this Agreement and will make
available to NVIDIA other legal remedies. Upon termination of this license for
any reason You will destroy all copies of the Software. Any use of the
Software after termination is unlawful. Upon termination of this Agreement,
all rights granted to You in this Agreement shall immediately terminate.
NVIDIA's rights and Your obligations under this Agreement shall survive any
termination of this Agreement.
4\. Trademarks. Certain of the product names used in this Agreement and the
Software constitute trademarks, trade names, trade dress, or service marks
("Trademarks") of NVIDIA or other third parties. You are not authorized to use
any such Trademarks for any purpose.
5\. No Warranty. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND NVIDIA
MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SOFTWARE. NVIDIA AND ITS
SUPPLIERS AND LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION
WITH YOU, AND NVIDIA ANDITS SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. NVIDIA DOSE NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.
7\. Indemnity. You agree to indemnify and hold NVIDIA, its successors,
assigns, subsidiaries, affiliates, officers, directors, agents, and employees
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Your failure to comply with this
Agreement or Your violation of any law or the rights of any third party.
8\. Legal Compliance. You agree that You shall fully comply with all
applicable laws, statutes, ordinances and regulations regarding Your use of
the Software.
9\. Governing Law and General Provisions. This Agreement shall not be governed
by the 1980 U.N. Convention on Contracts for the International Sale of Goods;
rather, this Agreement and the performance of the parties hereunder shall be
construed in accordance with and governed by the laws of the State of
California, U.S.A., except for its conflict of law rules. The exclusive
jurisdiction and venue of any action arising out of or related to this
Agreement will be either the state or federal courts in Santa Clara County,
California, U.S.A., and the parties agree and submit to the personal and
exclusive jurisdiction and venue of these courts. This Agreement is the entire
agreement between You and NVIDIA and supersedes any other communications,
representations or advertising with respect to the Software. If any provision
of this Agreement is held invalid or unenforceable, such provision shall be
revised to the extent necessary to cure the invalidity or unenforceability,
and the remainder of the Agreement shall continue in full force and effect.
Failure to prosecute a party's rights with respect to a default hereunder will
not constitute a waiver of the right to enforce rights with respect to the
same or any other breach. If You are acquiring the Software on behalf of any
part of the U.S. Government, the following provisions apply. The Software
programs and documentation are deemed to be "Commercial computer software" and
"Commercial computer software documentation" respectively, pursuant to DFAR
Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification,
reproduction, release, performance, display or disclosure of the Software
programs and/or documentation by the U.S. Government or any of its agencies
shall be governed solely by the terms of this Agreement and shall be
prohibited except to the extent expressly permitted by the terms of this
Agreement. Any technical data provided that is not covered by the above
provisions is deemed to be "Technical data-commercial items" pursuant to DFAR
Section 227.7015(a). Any use, modification, reproduction, release,
performance, display or disclosure of such technical data shall be governed by
the terms of DFAR Section 227.7015(b).
10\. Questions. Should You have any questions relating to this Agreement, or
if You desire to contact NVIDIA for any reason, please contact
PhysXLicensing@NVIDIA.com.
NVIDIA PhysX, Copyright 2008-2014 NVIDIA Corporation. All rights reserved.
AGEIA PhysX, Copyright 2002-2008 AGEIA Technologies, Inc. All rights reserved.
Novodex Physics SDK, Copyright 2001-2006 NovodeX. All rights reserved.
http://www.NVIDIA.com
-------------------------------
========================================
======= Inno Setup License Terms =======
========================================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/