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SQUARE ENIX LIMITED
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
LIFE IS STRANGE (the “Software Product”)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product you agree to be bound by the terms of this EULA and we are only prepared to license you to use the Software Product on the terms of this EULA. Before installing or using this Software Product please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 10 BELOW;
- THE PROVISIONS OF PARAGRAPHS 4 AND 5 WHICH DESCRIBE CERTAIN INFORMATION WHICH MAY BE COLLECTED, STORED AND USED BY US AS A RESULT OF YOUR INSTALLATION AND USE OF THIS SOFTWARE PRODUCT AND/OR ONLINE FEATURES AND EXPLAINS HOW YOUR PERSONAL DATA WILL BE PROTECTED. BY ACCEPTING THIS EULA AND INSTALLING THIS SOFTWARE PRODUCT YOU ARE GIVING YOUR CONSENT TO OUR COLLECTION, STORAGE, USE AND PROCESSING OF SUCH INFORMATION AND DATA IN ACCORDANCE WITH PARAGRAPH 5, OUR PRIVACY AND COOKIES POLICIES. SEL TAKES YOUR PRIVACY SERIOUSLY AND WE STRONGLY RECOMMEND YOU TAKE TIME TO READ OUR PRIVACY POLICY, ONLINE SERVICES PRIVACY POLICY, AND COOKIES POLICY AND PERIODICALLY CHECK FOR ANY UPDATES MADE TO THEM;
- USER CONDUCT AND ACCEPTABLE USE IN PARAGRAPH 4;
- CERTAIN COUNTRY SPECIFIC TERMS IN THE SCHEDULE AT THE BACK OF THIS EULA (applicable to France, Germany, Austria, Portugal and New Zealand); AND
- AND THAT CERTAIN OTHER TERMS MAY ALSO CONTINUE TO APPLY TO YOUR USE OF THE SOFTWARE PRODUCT, AS EXPLAINED AT PARAGRAPH 1 BELOW.
(i) USE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" (OR OTHER LINK INDICATING ACCEPTANCE) AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" (OR OTHER LINK INDICATING THAT YOU DO NOT ACCEPT THESE TERMS) AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
(ii) USE OF HARD COPY OF SOFTWARE PRODUCT DISTRIBUTED ON PHYSICAL MEDIA
IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE PRODUCT AND DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK (HAVING NOT INSTALLED THE SOFTWARE PRODUCT) TOGETHER WITH ITS PACKAGING AND DOCUMENTATION AND ORIGINAL PROOF OF PURCHASE TO THE POINT OF PURCHASE WITHIN THIRTY (30) DAYS OF THE DATE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, ALL OR A PROPORTION OF THE REFUND MAY BE WITHHELD IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software Product or our website at http://support.eu.square-enix.com/index.php where you will find the telephone number for the relevant telephone helpdesk. Any telephone charges will be payable by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period of time.
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATIONS:
Where a CD key, activation key or registration code (“CD Key”) is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys and codes cannot be replaced and no refunds or replacement copies of the Software Product will be provided. Where you wish to transfer the Software Product in accordance with paragraphs 2.1(b) or 2.1(c) you may not be able to use the Software Product on any new hard drive without re-registration of the Software Product which will require the original CD key or registration code.
1. Legal Agreement
1.1 This EULA is a legal agreement between you and Square Enix Limited, Company No. 01804186, of 240 Blackfriars Road, London, SE1 8NW, United Kingdom ("SEL" or "we" or “our”) which governs your use of the Software Product. For the purposes of this EULA, references to the Software Product includes computer software owned by SEL or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate licence agreement, any updates or patches to the original game software which are provided to you or which you may download from any SEL web site (or other source authorised by SEL expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such on-line mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM™ software or software or platforms of any third parties (such as Sony PlayStation Network and Microsoft XBOX Live) (“Platform Terms”, “Platform Provider” and “Platform Software” respectively). Such Platform Software may be subject to and conditional upon your acceptance and observance of such Platform Terms and may be:
• embodied on the media containing this Software Product;
• otherwise downloaded within the software package containing the Software Product;
• required to download or play this Software Product;
• required in order to use certain features of this Software Product; or
• required in order to contract with the Platform Provider for purchase of the Software Product and for In Game Items or other products and content relating to the Software Product.
You may already be, or may become, a registered user of a Square Enix account, which is subject to separate terms and conditions made available to you at the time you register for such an account (the “SE Account Terms”).
1.2 The Terms of this EULA are supplemental to and incorporated by reference into all applicable Platform Terms and SE Account Terms. To the extent there is any conflict or inconsistency between any of the Platform Terms or the SE Account Terms on the one hand, and this EULA on the other:
• where the Platform Terms state that they shall control, the relevant Platform Terms shall apply;
• where the Platform Terms are silent as to control, the terms of this EULA shall apply; and
• the SE Account Terms shall apply.
1.3 Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive Licence
2.1 To the extent compatible with applicable law, and for so long as you are in compliance with the provisions of this EULA, SEL grants you the non-exclusive limited right and licence to:
(a) install one (1) copy of the Software Product onto and use it on a single hard drive which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the Software Product from one hard drive to another PROVIDED it is used on only one (1) hard drive at any one time and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person PROVIDED such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies of the Software Product not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your hard drive and the licence granted to you under this EULA shall automatically and immediately terminate.
2.2 All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to SEL and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
2.3 In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and 2.1(c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
3.1 You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) to install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate, additional licence from Square Enix, to use the Software Product or permit the use of the Software Product on more than one personal computer, CPU, game console, handheld device, tablet, mobile phone or other wireless device, “smart phone” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Software Product, in whole or in part. Where applicable law expressly permits any such acts, any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of SEL and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) to hack, disassemble, decompile, or otherwise modify the Software Product or server computer code, whether the Software Product code is located on a DVD, Blu-ray™ disc, your computer/console or on Square Enix’s servers, or otherwise to remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product except as expressly permitted by Square Enix or applicable law;
(g) to remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) to export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations;
(i) to create or operate data, executable programmes or servers that mimic data or functionality in or emulate the Software Product;
(j) to create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to interact with or modify the Software Product and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay. You may not use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
(k) to sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-game currency or points, accounts, characters, in-game services, or in-game virtual items (including In-Game Items as defined in paragraph 7.1 below). You may not play the game for the purpose of acquiring virtual items or advancement in game play on behalf of a third party, or for the advancement of any other user, or for the purpose of selling any virtual assets to a third party, for real-world money, specifically including levelling-up services;
(l) except to the extent expressly permitted under mandatory applicable law, to intercept, mine or otherwise collect information from the Software Product using unauthorised software; or
(m) to use (or abuse) any in-game chat and/or message services to distribute advertisements or to otherwise harass players.
3.2 Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Software Product.
4. Interactive Services and User Content
4.1 We may provide and allow access to services operated by SEL and/or its affiliates or third parties authorised on their behalf and in connection with the Software Product to be accessed which allow users of the Software Product to enjoy certain:
a) on-line or multiplayer features and functionality associated with the Software Product (“Online Features”).
b) features and services that are available to you if you have a wireless device (these features and services may include the ability to access certain Software Product features and to upload content to the Software Product, to receive Software Product-related messages, and to download applications to your wireless device) (collectively, “Wireless Features”); and
c) other interactive services which may include (but not be limited to):
• chat rooms;
• bulletin boards;
• inter-user messaging functionality;
• message walls;
• on-line games;
• inter-user game challenges; and/or
• avatar customisation.
(which, together with the Online Features and Wireless Features, are called “Interactive Services”).
These Interactive Services may require payment of additional fees.
4.2 In addition, access to and use of such Interactive Services and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all purchasers of this Software Product will be able to register or benefit from Interactive Services. These services are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions, and may not be available in your country.
4.3 You accept that we are entitled (but may not be obliged) to review and, without prior notice to you, to delete or remove any User Content (see below) in our reasonable discretion, including User Content that, in our reasonable judgement, violates this EULA or any other applicable terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
4.4 User Content. In this EULA "User Content" means any and all content (including designs, creations, avatar, image and likeness) that you (or any other user(s) on your behalf) create, post, upload, publish, display, transmit, share, store or otherwise make available (collectively, "post") in connection with the use of the Software Product or any Interactive Service, or transmit to or share with other Users.
4.5 You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content, or transmit to or share such User Content with other users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in this EULA. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in this EULA; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in this EULA or other applicable terms.
4.6 We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
4.7 You retain ownership of your User Content but you grant us the irrevocable worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against Square Enix or our sub-licensees, any so-called "moral rights" that you may have in any User Content.
4.8 Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party's intellectual property rights, goodwill, reputation and/or right to privacy.
4.9 User conduct and acceptable use
4.9.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Software Product and for all of your communication and activity in connection with the Software Product and any Interactive Services (including any User Content).
4.9.2 Moderation. While we reserve the right to moderate the use of the Software Product and any Interactive Services, we may not be under any obligation to oversee, monitor or moderate any Interactive Service that we provide, nor to pre-screen or approve any content that may be posted by users on any Interactive Service.
4.9.3 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at http://support.eu.square-enix.com/ or by written notice to: Square Enix Support Centre, Square Enix Europe, 240 Blackfriars Road, London, SE1 8NW, United Kingdom. Our support staff can deal with requests received in English, French, German, Italian or Spanish.
4.9.4 Minors. You are not allowed to post the image and/or likeness of any child under the age of 13. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we shall normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.9.5 Prohibited use. You must not:
• harvest or collect email addresses or other contact information of other Users from any Interactive Service by electronic or other means whether for the purposes of sending unsolicited emails or other unsolicited communications or otherwise;
• use any Interactive Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Software Product or any Interactive Service;
• use automated scripts to collect information from, or otherwise to interact with, the Software Product or any Interactive Service;
• post any content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• post any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
• post any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for any purpose;
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
• post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Software Product or any Interactive Service, or may expose us or users to any harm or liability of any type.
You must not misuse the Software Product or any Interactive Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software Product or any Interactive Service, the server on which the Software Product or any Interactive Service is stored or any server, computer or database connected to the Software Product or any Interactive Service. You must not attack the Software Product or any Interactive Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We shall report any such breach to the relevant law enforcement authorities, and we shall co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Software Product and any Interactive Service will cease immediately.
4.9.6 Content standards. The following standards apply to any and all material that you contribute to the Software Product or any Interactive Service associated with it (collectively, and including any part(s) of the same, "Contributions"). You must comply with the spirit of the following standards, as well as the letter. Contributions must:
• be accurate (where stating facts);
• be genuinely held (where stating opinions); and
• comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• contain any material that is defamatory of any person;
• contain any material that is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or other unlawful discrimination;
• infringe any copyright, database right, design right, trade mark or similar intellectual property right of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us (if this is not the case); and/or
• advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).
4.9.7 If you encounter another User on the Site who is violating any of the Site Terms, please report the User to our support service at http://support.eu.square-enix.com/.
4.9.8 We shall determine, in our reasonable discretion, whether there has been a breach by you of these User Content and Interactive Services provisions. Failure to comply with these provisions constitutes a material breach of the EULA, and you agree that such failure may result in our taking any or all of the following actions:
• immediate, temporary or permanent withdrawal of your right to use the Software Product and any Interactive Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to the Software Product and any Interactive Service;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.10 Your personal information
4.10.1 We shall process information about you in accordance with our Privacy Policy and Cookies Policy. By using the Software Product and any Interactive Service and (where applicable) by registering for a Square Enix account, you consent to such processing and you warrant the accuracy of all data provided by you.
4.10.2 Where you use Interactive Services we and our affiliates may also collect, store, process, distribute and publicly display certain data concerning your gameplay. This data may include your user name, gamertag, scores, rankings, results, achievements and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance with SEL's Privacy Policy referred to in Paragraph 5 below.
4.10.3 You agree that, as to the Wireless Features for which you are registered, we or our affiliates may send communications to your wireless device regarding us or other parties. Further, we or our affiliates may collect information relating to your use of the Wireless Features. If you have registered via the Software Product for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and to update your Software Product user account to reflect the changes.
4.11 Connections:
4.11.1 An internet connection or other data connection will be required to access Interactive Services. Messaging, data and other fees may be charged by your mobile carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. You should check with your carrier to find out what plans are available and how much they cost.
4.11.2 You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, videogame consoles, tablets or mobile phones) and internet/wireless access necessary to play the game via the Software Product and or access any Online and/or Wireless Features, and for ensuring such equipment and services are compatible with all requirements of the Software Product. Please note carefully any device and system specifications notified to you at the point of purchase.
4.12 Location
If you have enabled GPS or location-based features on your wireless device in relation to the Software Product, you acknowledge that your wireless device location may be tracked and may be shared with others in accordance with SEL’s Privacy Policy referred to in Paragraph 5 below. Some of our services may allow you to disable location-based features or to manage preferences in relation to them. You can, however, terminate device location tracking by us by uninstalling the application or by discontinuing access to the services. The location-based services offered in connection with our services are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, injury or damage to persons or property. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use: other products exist today that may be used specifically for these purposes.
5. Your consent to the use by us of certain Data
5.1 Without prejudice to paragraph 4 above and without prejudice to any other Platform Terms and to the SE Account Terms, we may from time to time during your gameplay collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your hardware system including how you are using the Software Product (including information about your successful installation and removal of the Software Product). This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet 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 or wirelessly (where the Software Product contains Online and/or Wireless Features) but also to help us better understand how our customers are using the Software Product, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent.
5.2 The information referred to in paragraph 5.1 above, and any other data and information which may be provided by you to us or which may be collected by us in connection with your installation and use of the Software Product or any Interactive Services will be collected, stored, retrieved, used and distributed in accordance with SEL's latest Privacy Policy, Online Services Privacy Policy, and Cookies Policy
applicable to your region, which are located at http://eu.square-enix.com/en/documents/privacy, http://eu.square-enix.com/en/documents/onlineprivacy and http://eu.square-enix.com/en/documents/cookies respectively.
By clicking the Accept button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time.
5.3 In the event of any conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. In-Game Advertising
6.1 The Software Product may incorporate technology (which may be provided by SEL or third party service providers engaged by SEL (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
6.2 The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
6.3 Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only use the Software Product when you are not connected to the Internet. By playing the game when connected to the Internet you consent to our use of dynamic advertising as described in this Paragraph.
7. In-Game Items
7.1 The Software Product may include the opportunity for you to buy in-game currency, items or other credits (“In-Game Items”) from us with real money. In-Game Items form part of the Software Product and are subject to the terms of this EULA.
7.2 Relevant Platform Terms apply to all In-Game Items purchased through each Platform and your contract for purchase of such In-Game Items is with the relevant Platform Operator, not with SEL.
8. Termination, Suspension
8.1 We may at our sole discretion, terminate, suspend or restrict access to the provision of the whole or any part of the Software Product or Interactive Services without notice to you and without any further formality where (by way of example, and without limitation): (a) we reasonably consider that you are misusing the Software Product or Interactive Services or are otherwise acting in breach of any of this EULA; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Interactive Services; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Software Product or Interactive Service. No such suspension or termination on ground (b) or (c) will affect any rights you have under applicable law.
8.2 Without prejudice to any other rights, SEL may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA.
8.3 You may also terminate the EULA at any time by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and SEL’s proprietary rights, choice of law and jurisdiction, indemnity and the ‘other important terms’ below shall survive termination.
8.4 This EULA (whether in relation to the Software Product or the Interactive Services, or both) may also terminate in the event of a relevant termination under applicable Platform Terms.
8.5 In the event of termination, all rights licensed to you under this EULA shall cease and you must immediately uninstall, delete and/or 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) in your possession, custody or control.
8.6 Termination, howsoever caused, may result in all of your data (including User Content and Contributions) being permanently deleted. We are not responsible for any such deletion and you are responsible for backing up any of your own data and information.
9. Ownership
9.1 You only own the media on which the Software Product is recorded. SEL and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies and any and all rights therein, regardless of form.
10. Remedies. Limited Warranty and Exclusions
10.1 LIMITED WARRANTY
10.1.1 This limited warranty is in addition to, and does not affect, those of your rights which cannot be excluded or limited in any way under the applicable law.
10.1.2 Where the Software Product is recorded on a physical medium supplied by SEL, SEL warrants to the original consumer purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of SEL under this limited warranty will be, at SEL's sole option, either (a) to return of the purchase price paid for the Software Product; or (b) to repair or, at SEL’s option, to replace free of charge the Software Product that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address (the "Required Material"). Where this is not possible for any reason (and provided it is within the period of 90 days from the date of purchase) the defective medium should be returned to SEL at the address specified in the manual accompanying this Software Product together with the Required Material and address of the location where the Software Product was purchased.
10.2 The limited warranty in paragraph 10.1 above is void in respect of, and shall not apply to, media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
10.3.1 THE LIMITED WARRANTY IN PARAGRAPH 10.1 DOES NOT APPLY TO THE SOFTWARE PRODUCT WHICH IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEL AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND/OR THE GAME DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT OR ANY SERVERS REQUIRED TO BE COMMUNICATED WITH TO ENABLE THE OPERATION OF THE SOFTWARE PRODUCT IS OR WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SEL WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. SEL FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER OR HARDWARE. PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
10.3.2 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT SYSTEMS, VEHICLE CONTROL SYSTEMS, MEDICAL FACILITIES OR EMERGENCY SERVICES OR IN ANY OTHER CONTEXT WHERE ACTS OR OMISSIONS COULD LEAD TO DEATH, INJURY OR DAMAGE TO PERSONS AND/OR PROPERTY.
10.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL PARTIES (as defined in paragraph 13 below) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA (INCLUDING USER CONTENT AND CONTRIBUTIONS), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF SEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) NONE OF THE SEL PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT OR AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL, OR WHICH MAY INFECT OR AFFECT ANY SERVERS HOSTING OR OTHERWISE SUPPORTING THE SOFTWARE PRODUCT OR THE INTERACTIVE SERVICES.
(C) ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY (INCLUDING ANY PLATFORM OPERATOR) ON OR VIA USE OF THE GAME (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.
(D) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
10.5 Nothing in this EULA shall limit or exclude any SEL Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
10.6 Further, some states or jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 10. Nothing in this paragraph 10 shall affect your rights as a consumer which, under the applicable law, are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction. If you would like information on such rights, you should contact your local citizen’s advice bureau, trading standards office or equivalent organisation.
10.7 You understand that the Software Product may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise. Any update or patch constitutes part of the Software Product for the purposes of this EULA.
11. Governing Law and Dispute Resolution
11.1 Subject to paragraph 11.2 below, except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), this EULA, and any related dispute or claim (contractual or non-contractual), shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
11.2 If you acquired this Software Product in the USA, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of California, USA and subject to the non-exclusive jurisdiction of the state and federal courts situated in San Francisco, California, USA. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
12. Injunction
Because SEL would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.
13. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “SEL Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another user.
14. Other Important Terms
14.1 If you acquired this Software Product in the United States of America, you may not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America. By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the European Union or any European Union member state has embargoed goods. You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.
14.2 This EULA together with any other terms, agreement, policy or other document expressly referred to in this EULA, constitutes the entire agreement between SEL and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 14.4 and 14.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of SEL.
14.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by SEL or its licensors.
14.4 SEL reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on the Square Enix website and/or will communicate such changes to you via any digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Software Product following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
14.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.
14.6 14.6.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you which is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control”). An Event Beyond Our Control includes (but is not limited to) any strike, lock-out or other industrial action (other than by SEL staff), civil commotion, criminal damage, looting, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport, impossibility or impaired use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any authority (including any Government) (including sanctions and amendments to existing legislation).
14.6.2 Our performance of any contract with you is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any contract with you by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
15. CONTACT US
If you have any queries concerning any of the terms of this EULA, the Software Product or any order or contract you have made with us or any of our products, please contact our support service:
• At this web address: http://support.eu.square-enix.com/; or
• By post to Square Enix Support Centre, Square Enix Europe, 240 Blackfriars Road, London, SE1 8NW, United Kingdom.
16. Specific Countries:
If you live in one of the following countries, please read the country specific additional terms set out in the Country Specific Terms Schedule attached to this EULA:
• France
• Austria
• Germany;
• Portugal
• New Zealand
Last updated 13 November 2014
Country Specific Terms Schedule
Schedule Part 1: Only For Customers Resident In France:
1) Despite the above provisions, we shall guarantee any lack of conformity of the product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.
Article L. 211-4 of the French consumer code
2) The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.
3) It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.
Article L. 211-5 of the French consumer code
4) In order to conform to the contract, the product must:
1. be suitable for the purpose usually associated with such a product and, if applicable:
correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or
2. have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French consumer code
5) Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
6) A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.
Article 1648 of the French civil code
7) The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.
Schedule Part 2: For customers resident in Germany, Austria and Portugal:
1) The limitation of liability set out in this Schedule Part 2 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.
Schedule Part 3: For customers resident in New Zealand
1) For Users resident in New Zealand, we shall comply in all respects with our obligations under the Consumer Guarantees Act 1993.
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
LIFE IS STRANGE (the “Software Product”)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product you agree to be bound by the terms of this EULA and we are only prepared to license you to use the Software Product on the terms of this EULA. Before installing or using this Software Product please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 10 BELOW;
- THE PROVISIONS OF PARAGRAPHS 4 AND 5 WHICH DESCRIBE CERTAIN INFORMATION WHICH MAY BE COLLECTED, STORED AND USED BY US AS A RESULT OF YOUR INSTALLATION AND USE OF THIS SOFTWARE PRODUCT AND/OR ONLINE FEATURES AND EXPLAINS HOW YOUR PERSONAL DATA WILL BE PROTECTED. BY ACCEPTING THIS EULA AND INSTALLING THIS SOFTWARE PRODUCT YOU ARE GIVING YOUR CONSENT TO OUR COLLECTION, STORAGE, USE AND PROCESSING OF SUCH INFORMATION AND DATA IN ACCORDANCE WITH PARAGRAPH 5, OUR PRIVACY AND COOKIES POLICIES. SEL TAKES YOUR PRIVACY SERIOUSLY AND WE STRONGLY RECOMMEND YOU TAKE TIME TO READ OUR PRIVACY POLICY, ONLINE SERVICES PRIVACY POLICY, AND COOKIES POLICY AND PERIODICALLY CHECK FOR ANY UPDATES MADE TO THEM;
- USER CONDUCT AND ACCEPTABLE USE IN PARAGRAPH 4;
- CERTAIN COUNTRY SPECIFIC TERMS IN THE SCHEDULE AT THE BACK OF THIS EULA (applicable to France, Germany, Austria, Portugal and New Zealand); AND
- AND THAT CERTAIN OTHER TERMS MAY ALSO CONTINUE TO APPLY TO YOUR USE OF THE SOFTWARE PRODUCT, AS EXPLAINED AT PARAGRAPH 1 BELOW.
(i) USE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" (OR OTHER LINK INDICATING ACCEPTANCE) AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" (OR OTHER LINK INDICATING THAT YOU DO NOT ACCEPT THESE TERMS) AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
(ii) USE OF HARD COPY OF SOFTWARE PRODUCT DISTRIBUTED ON PHYSICAL MEDIA
IF YOU ARE THE ORIGINAL PURCHASER OF THIS SOFTWARE PRODUCT AND DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE RETURN THE DISK (HAVING NOT INSTALLED THE SOFTWARE PRODUCT) TOGETHER WITH ITS PACKAGING AND DOCUMENTATION AND ORIGINAL PROOF OF PURCHASE TO THE POINT OF PURCHASE WITHIN THIRTY (30) DAYS OF THE DATE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE PRODUCT. WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, ALL OR A PROPORTION OF THE REFUND MAY BE WITHHELD IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY. BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software Product or our website at http://support.eu.square-enix.com/index.php where you will find the telephone number for the relevant telephone helpdesk. Any telephone charges will be payable by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period of time.
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATIONS:
Where a CD key, activation key or registration code (“CD Key”) is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys and codes cannot be replaced and no refunds or replacement copies of the Software Product will be provided. Where you wish to transfer the Software Product in accordance with paragraphs 2.1(b) or 2.1(c) you may not be able to use the Software Product on any new hard drive without re-registration of the Software Product which will require the original CD key or registration code.
1. Legal Agreement
1.1 This EULA is a legal agreement between you and Square Enix Limited, Company No. 01804186, of 240 Blackfriars Road, London, SE1 8NW, United Kingdom ("SEL" or "we" or “our”) which governs your use of the Software Product. For the purposes of this EULA, references to the Software Product includes computer software owned by SEL or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate licence agreement, any updates or patches to the original game software which are provided to you or which you may download from any SEL web site (or other source authorised by SEL expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such on-line mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM™ software or software or platforms of any third parties (such as Sony PlayStation Network and Microsoft XBOX Live) (“Platform Terms”, “Platform Provider” and “Platform Software” respectively). Such Platform Software may be subject to and conditional upon your acceptance and observance of such Platform Terms and may be:
• embodied on the media containing this Software Product;
• otherwise downloaded within the software package containing the Software Product;
• required to download or play this Software Product;
• required in order to use certain features of this Software Product; or
• required in order to contract with the Platform Provider for purchase of the Software Product and for In Game Items or other products and content relating to the Software Product.
You may already be, or may become, a registered user of a Square Enix account, which is subject to separate terms and conditions made available to you at the time you register for such an account (the “SE Account Terms”).
1.2 The Terms of this EULA are supplemental to and incorporated by reference into all applicable Platform Terms and SE Account Terms. To the extent there is any conflict or inconsistency between any of the Platform Terms or the SE Account Terms on the one hand, and this EULA on the other:
• where the Platform Terms state that they shall control, the relevant Platform Terms shall apply;
• where the Platform Terms are silent as to control, the terms of this EULA shall apply; and
• the SE Account Terms shall apply.
1.3 Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
2. Grant of Limited Non-Exclusive Licence
2.1 To the extent compatible with applicable law, and for so long as you are in compliance with the provisions of this EULA, SEL grants you the non-exclusive limited right and licence to:
(a) install one (1) copy of the Software Product onto and use it on a single hard drive which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use only;
(b) transfer the Software Product from one hard drive to another PROVIDED it is used on only one (1) hard drive at any one time and any hard drive on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person PROVIDED such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies of the Software Product not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your hard drive and the licence granted to you under this EULA shall automatically and immediately terminate.
2.2 All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to SEL and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
2.3 In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and 2.1(c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
3.1 You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) to install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate, additional licence from Square Enix, to use the Software Product or permit the use of the Software Product on more than one personal computer, CPU, game console, handheld device, tablet, mobile phone or other wireless device, “smart phone” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Software Product, in whole or in part. Where applicable law expressly permits any such acts, any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of SEL and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;
(f) to hack, disassemble, decompile, or otherwise modify the Software Product or server computer code, whether the Software Product code is located on a DVD, Blu-ray™ disc, your computer/console or on Square Enix’s servers, or otherwise to remove, disable or circumvent any security protections or any technical measures that control access to the Software Product and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the Software Product except as expressly permitted by Square Enix or applicable law;
(g) to remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) to export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations;
(i) to create or operate data, executable programmes or servers that mimic data or functionality in or emulate the Software Product;
(j) to create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to interact with or modify the Software Product and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay. You may not use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
(k) to sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-game currency or points, accounts, characters, in-game services, or in-game virtual items (including In-Game Items as defined in paragraph 7.1 below). You may not play the game for the purpose of acquiring virtual items or advancement in game play on behalf of a third party, or for the advancement of any other user, or for the purpose of selling any virtual assets to a third party, for real-world money, specifically including levelling-up services;
(l) except to the extent expressly permitted under mandatory applicable law, to intercept, mine or otherwise collect information from the Software Product using unauthorised software; or
(m) to use (or abuse) any in-game chat and/or message services to distribute advertisements or to otherwise harass players.
3.2 Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the Software Product.
4. Interactive Services and User Content
4.1 We may provide and allow access to services operated by SEL and/or its affiliates or third parties authorised on their behalf and in connection with the Software Product to be accessed which allow users of the Software Product to enjoy certain:
a) on-line or multiplayer features and functionality associated with the Software Product (“Online Features”).
b) features and services that are available to you if you have a wireless device (these features and services may include the ability to access certain Software Product features and to upload content to the Software Product, to receive Software Product-related messages, and to download applications to your wireless device) (collectively, “Wireless Features”); and
c) other interactive services which may include (but not be limited to):
• chat rooms;
• bulletin boards;
• inter-user messaging functionality;
• message walls;
• on-line games;
• inter-user game challenges; and/or
• avatar customisation.
(which, together with the Online Features and Wireless Features, are called “Interactive Services”).
These Interactive Services may require payment of additional fees.
4.2 In addition, access to and use of such Interactive Services and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all purchasers of this Software Product will be able to register or benefit from Interactive Services. These services are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions, and may not be available in your country.
4.3 You accept that we are entitled (but may not be obliged) to review and, without prior notice to you, to delete or remove any User Content (see below) in our reasonable discretion, including User Content that, in our reasonable judgement, violates this EULA or any other applicable terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
4.4 User Content. In this EULA "User Content" means any and all content (including designs, creations, avatar, image and likeness) that you (or any other user(s) on your behalf) create, post, upload, publish, display, transmit, share, store or otherwise make available (collectively, "post") in connection with the use of the Software Product or any Interactive Service, or transmit to or share with other Users.
4.5 You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content, or transmit to or share such User Content with other users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in this EULA. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to us the rights and licences in respect of such User Content specified in this EULA; and (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in this EULA or other applicable terms.
4.6 We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
4.7 You retain ownership of your User Content but you grant us the irrevocable worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against Square Enix or our sub-licensees, any so-called "moral rights" that you may have in any User Content.
4.8 Where permitted by you or required by a court or other competent authority or otherwise permitted by law, we shall be entitled to disclose your identity to any third party claiming that any User Content constitutes a violation of such third party's intellectual property rights, goodwill, reputation and/or right to privacy.
4.9 User conduct and acceptable use
4.9.1 User warranties. You warrant and undertake that no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You accept that you are personally responsible for your use of the Software Product and for all of your communication and activity in connection with the Software Product and any Interactive Services (including any User Content).
4.9.2 Moderation. While we reserve the right to moderate the use of the Software Product and any Interactive Services, we may not be under any obligation to oversee, monitor or moderate any Interactive Service that we provide, nor to pre-screen or approve any content that may be posted by users on any Interactive Service.
4.9.3 Complaints. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER CONTENT THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE, AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO REMOVE (OR DELAY IN REMOVING) ANY SUCH CONTENT. You may, however, make complaints by contacting our support service at http://support.eu.square-enix.com/ or by written notice to: Square Enix Support Centre, Square Enix Europe, 240 Blackfriars Road, London, SE1 8NW, United Kingdom. Our support staff can deal with requests received in English, French, German, Italian or Spanish.
4.9.4 Minors. You are not allowed to post the image and/or likeness of any child under the age of 13. The use of any of our Interactive Services by minors is subject to the consent of their parents or guardians. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation (where provided) is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them. Where we do moderate an Interactive Service, we shall normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.9.5 Prohibited use. You must not:
• harvest or collect email addresses or other contact information of other Users from any Interactive Service by electronic or other means whether for the purposes of sending unsolicited emails or other unsolicited communications or otherwise;
• use any Interactive Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Software Product or any Interactive Service;
• use automated scripts to collect information from, or otherwise to interact with, the Software Product or any Interactive Service;
• post any content that we reasonably consider to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• post any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
• post any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and payment method details;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for any purpose;
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• post User Content that would constitute, encourage or provide instructions for any criminal offence, violate the rights of any person, or otherwise create liability or violate any applicable law relating to offensive or harmful content; and/or
• post User Content that, in our reasonable judgement, is objectionable or restricts or inhibits any other person from using or enjoying the Software Product or any Interactive Service, or may expose us or users to any harm or liability of any type.
You must not misuse the Software Product or any Interactive Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software Product or any Interactive Service, the server on which the Software Product or any Interactive Service is stored or any server, computer or database connected to the Software Product or any Interactive Service. You must not attack the Software Product or any Interactive Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under applicable legislation. We shall report any such breach to the relevant law enforcement authorities, and we shall co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Software Product and any Interactive Service will cease immediately.
4.9.6 Content standards. The following standards apply to any and all material that you contribute to the Software Product or any Interactive Service associated with it (collectively, and including any part(s) of the same, "Contributions"). You must comply with the spirit of the following standards, as well as the letter. Contributions must:
• be accurate (where stating facts);
• be genuinely held (where stating opinions); and
• comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• contain any material that is defamatory of any person;
• contain any material that is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or other unlawful discrimination;
• infringe any copyright, database right, design right, trade mark or similar intellectual property right of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us (if this is not the case); and/or
• advocate, promote or assist any unlawful act (such as, by way of example only, copyright infringement or computer misuse).
4.9.7 If you encounter another User on the Site who is violating any of the Site Terms, please report the User to our support service at http://support.eu.square-enix.com/.
4.9.8 We shall determine, in our reasonable discretion, whether there has been a breach by you of these User Content and Interactive Services provisions. Failure to comply with these provisions constitutes a material breach of the EULA, and you agree that such failure may result in our taking any or all of the following actions:
• immediate, temporary or permanent withdrawal of your right to use the Software Product and any Interactive Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to the Software Product and any Interactive Service;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs and expenses on an indemnity basis (including reasonable administrative and legal costs) resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.10 Your personal information
4.10.1 We shall process information about you in accordance with our Privacy Policy and Cookies Policy. By using the Software Product and any Interactive Service and (where applicable) by registering for a Square Enix account, you consent to such processing and you warrant the accuracy of all data provided by you.
4.10.2 Where you use Interactive Services we and our affiliates may also collect, store, process, distribute and publicly display certain data concerning your gameplay. This data may include your user name, gamertag, scores, rankings, results, achievements and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance with SEL's Privacy Policy referred to in Paragraph 5 below.
4.10.3 You agree that, as to the Wireless Features for which you are registered, we or our affiliates may send communications to your wireless device regarding us or other parties. Further, we or our affiliates may collect information relating to your use of the Wireless Features. If you have registered via the Software Product for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and to update your Software Product user account to reflect the changes.
4.11 Connections:
4.11.1 An internet connection or other data connection will be required to access Interactive Services. Messaging, data and other fees may be charged by your mobile carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. You should check with your carrier to find out what plans are available and how much they cost.
4.11.2 You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, videogame consoles, tablets or mobile phones) and internet/wireless access necessary to play the game via the Software Product and or access any Online and/or Wireless Features, and for ensuring such equipment and services are compatible with all requirements of the Software Product. Please note carefully any device and system specifications notified to you at the point of purchase.
4.12 Location
If you have enabled GPS or location-based features on your wireless device in relation to the Software Product, you acknowledge that your wireless device location may be tracked and may be shared with others in accordance with SEL’s Privacy Policy referred to in Paragraph 5 below. Some of our services may allow you to disable location-based features or to manage preferences in relation to them. You can, however, terminate device location tracking by us by uninstalling the application or by discontinuing access to the services. The location-based services offered in connection with our services are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, injury or damage to persons or property. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use: other products exist today that may be used specifically for these purposes.
5. Your consent to the use by us of certain Data
5.1 Without prejudice to paragraph 4 above and without prejudice to any other Platform Terms and to the SE Account Terms, we may from time to time during your gameplay collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your hardware system including how you are using the Software Product (including information about your successful installation and removal of the Software Product). This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet 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 or wirelessly (where the Software Product contains Online and/or Wireless Features) but also to help us better understand how our customers are using the Software Product, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent.
5.2 The information referred to in paragraph 5.1 above, and any other data and information which may be provided by you to us or which may be collected by us in connection with your installation and use of the Software Product or any Interactive Services will be collected, stored, retrieved, used and distributed in accordance with SEL's latest Privacy Policy, Online Services Privacy Policy, and Cookies Policy
applicable to your region, which are located at http://eu.square-enix.com/en/documents/privacy, http://eu.square-enix.com/en/documents/onlineprivacy and http://eu.square-enix.com/en/documents/cookies respectively.
By clicking the Accept button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time.
5.3 In the event of any conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. In-Game Advertising
6.1 The Software Product may incorporate technology (which may be provided by SEL or third party service providers engaged by SEL (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
6.2 The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
6.3 Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only use the Software Product when you are not connected to the Internet. By playing the game when connected to the Internet you consent to our use of dynamic advertising as described in this Paragraph.
7. In-Game Items
7.1 The Software Product may include the opportunity for you to buy in-game currency, items or other credits (“In-Game Items”) from us with real money. In-Game Items form part of the Software Product and are subject to the terms of this EULA.
7.2 Relevant Platform Terms apply to all In-Game Items purchased through each Platform and your contract for purchase of such In-Game Items is with the relevant Platform Operator, not with SEL.
8. Termination, Suspension
8.1 We may at our sole discretion, terminate, suspend or restrict access to the provision of the whole or any part of the Software Product or Interactive Services without notice to you and without any further formality where (by way of example, and without limitation): (a) we reasonably consider that you are misusing the Software Product or Interactive Services or are otherwise acting in breach of any of this EULA; (b) there is a regulatory or statutory change limiting our ability to provide such part of the Interactive Services; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the Software Product or Interactive Service. No such suspension or termination on ground (b) or (c) will affect any rights you have under applicable law.
8.2 Without prejudice to any other rights, SEL may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA.
8.3 You may also terminate the EULA at any time by destroying the Software Product and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and SEL’s proprietary rights, choice of law and jurisdiction, indemnity and the ‘other important terms’ below shall survive termination.
8.4 This EULA (whether in relation to the Software Product or the Interactive Services, or both) may also terminate in the event of a relevant termination under applicable Platform Terms.
8.5 In the event of termination, all rights licensed to you under this EULA shall cease and you must immediately uninstall, delete and/or 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) in your possession, custody or control.
8.6 Termination, howsoever caused, may result in all of your data (including User Content and Contributions) being permanently deleted. We are not responsible for any such deletion and you are responsible for backing up any of your own data and information.
9. Ownership
9.1 You only own the media on which the Software Product is recorded. SEL and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies and any and all rights therein, regardless of form.
10. Remedies. Limited Warranty and Exclusions
10.1 LIMITED WARRANTY
10.1.1 This limited warranty is in addition to, and does not affect, those of your rights which cannot be excluded or limited in any way under the applicable law.
10.1.2 Where the Software Product is recorded on a physical medium supplied by SEL, SEL warrants to the original consumer purchaser of this Software Product that the physical medium on which the Software Product is recorded will under normal use and conditions be free from material defects in materials and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of SEL under this limited warranty will be, at SEL's sole option, either (a) to return of the purchase price paid for the Software Product; or (b) to repair or, at SEL’s option, to replace free of charge the Software Product that does not meet this limited warranty provided the following procedures and conditions are observed. All claims under this limited warranty must be made by returning the original physical medium in its original condition and packaging to the point of purchase, together with a copy of the original sales receipt or other dated proof of purchase, a statement describing the defects and a return address (the "Required Material"). Where this is not possible for any reason (and provided it is within the period of 90 days from the date of purchase) the defective medium should be returned to SEL at the address specified in the manual accompanying this Software Product together with the Required Material and address of the location where the Software Product was purchased.
10.2 The limited warranty in paragraph 10.1 above is void in respect of, and shall not apply to, media which has been subject to misuse, accident, damage or excessive wear. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
10.3.1 THE LIMITED WARRANTY IN PARAGRAPH 10.1 DOES NOT APPLY TO THE SOFTWARE PRODUCT WHICH IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEL AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND/OR THE GAME DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT OR ANY SERVERS REQUIRED TO BE COMMUNICATED WITH TO ENABLE THE OPERATION OF THE SOFTWARE PRODUCT IS OR WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SEL WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. SEL FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER OR HARDWARE. PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
10.3.2 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT SYSTEMS, VEHICLE CONTROL SYSTEMS, MEDICAL FACILITIES OR EMERGENCY SERVICES OR IN ANY OTHER CONTEXT WHERE ACTS OR OMISSIONS COULD LEAD TO DEATH, INJURY OR DAMAGE TO PERSONS AND/OR PROPERTY.
10.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL PARTIES (as defined in paragraph 13 below) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA (INCLUDING USER CONTENT AND CONTRIBUTIONS), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF SEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) NONE OF THE SEL PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT OR AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL, OR WHICH MAY INFECT OR AFFECT ANY SERVERS HOSTING OR OTHERWISE SUPPORTING THE SOFTWARE PRODUCT OR THE INTERACTIVE SERVICES.
(C) ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY (INCLUDING ANY PLATFORM OPERATOR) ON OR VIA USE OF THE GAME (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.
(D) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
10.5 Nothing in this EULA shall limit or exclude any SEL Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
10.6 Further, some states or jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 10. Nothing in this paragraph 10 shall affect your rights as a consumer which, under the applicable law, are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction. If you would like information on such rights, you should contact your local citizen’s advice bureau, trading standards office or equivalent organisation.
10.7 You understand that the Software Product may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise. Any update or patch constitutes part of the Software Product for the purposes of this EULA.
11. Governing Law and Dispute Resolution
11.1 Subject to paragraph 11.2 below, except to the extent otherwise required by applicable law (for example, to give effect to your rights as a consumer under the law of the country in which you are resident), this EULA, and any related dispute or claim (contractual or non-contractual), shall be governed by, and interpreted in accordance with, English law and subject to the non-exclusive jurisdiction of the English courts. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
11.2 If you acquired this Software Product in the USA, this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of California, USA and subject to the non-exclusive jurisdiction of the state and federal courts situated in San Francisco, California, USA. We reserve the right to bring any action(s) in any other court(s) of competent jurisdiction.
11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
12. Injunction
Because SEL would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.
13. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “SEL Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another user.
14. Other Important Terms
14.1 If you acquired this Software Product in the United States of America, you may not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America. By ordering Products, you warrant and undertake that you are not located in any country, nor will you export any Products to any person or place, to which the European Union or any European Union member state has embargoed goods. You must comply with all applicable laws and regulations of the country for which the Products are destined. We shall not be liable for any breach by you of any such laws.
14.2 This EULA together with any other terms, agreement, policy or other document expressly referred to in this EULA, constitutes the entire agreement between SEL and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 14.4 and 14.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of SEL.
14.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Software Product and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Software Product, and any related documentation) are owned by SEL or its licensors.
14.4 SEL reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on the Square Enix website and/or will communicate such changes to you via any digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Software Product following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
14.5 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.
14.6 14.6.1 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you which is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control”). An Event Beyond Our Control includes (but is not limited to) any strike, lock-out or other industrial action (other than by SEL staff), civil commotion, criminal damage, looting, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport, impossibility or impaired use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any authority (including any Government) (including sanctions and amendments to existing legislation).
14.6.2 Our performance of any contract with you is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any contract with you by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).
15. CONTACT US
If you have any queries concerning any of the terms of this EULA, the Software Product or any order or contract you have made with us or any of our products, please contact our support service:
• At this web address: http://support.eu.square-enix.com/; or
• By post to Square Enix Support Centre, Square Enix Europe, 240 Blackfriars Road, London, SE1 8NW, United Kingdom.
16. Specific Countries:
If you live in one of the following countries, please read the country specific additional terms set out in the Country Specific Terms Schedule attached to this EULA:
• France
• Austria
• Germany;
• Portugal
• New Zealand
Last updated 13 November 2014
Country Specific Terms Schedule
Schedule Part 1: Only For Customers Resident In France:
1) Despite the above provisions, we shall guarantee any lack of conformity of the product and any latent defect, as provided for in articles 1641 to 1649 of the French civil code.
Article L. 211-4 of the French consumer code
2) The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity that exists on delivery.
3) It is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if it assumed responsibility therefor or had it carried out under its responsibility.
Article L. 211-5 of the French consumer code
4) In order to conform to the contract, the product must:
1. be suitable for the purpose usually associated with such a product and, if applicable:
correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling; or
2. have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L. 211-12 of the French consumer code
5) Action resulting from lack of conformity lapses two years after delivery of the product.
Article 1641 of the French civil code
6) A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a reduced price for it, had he known of them.
Article 1648 of the French civil code
7) The action resulting from the defects giving rise to the right to cancellation must be brought by the buyer within a period of two years following the discovery of such defect.
Schedule Part 2: For customers resident in Germany, Austria and Portugal:
1) The limitation of liability set out in this Schedule Part 2 applies only if you are a resident of Germany, Austria or Portugal. We shall only be fully liable for damages if they were caused by grossly negligent or intentional acts by us, our employees, agents and/or officers. In the event of simple negligence, we are fully liable for personal injuries and death. In the event of a breach of contractual obligations caused by simple negligence which the customer could trust not to be breached and which are essential to the performance under these Terms, our liability is limited to the typical foreseeable damages. The liability according to the German, Austrian or Portuguese Product Liability Act remains unaffected. In all other cases of simple negligence, liability is excluded. Where liability is excluded or limited, it shall also be limited or excluded for our employees, agents and officers.
Schedule Part 3: For customers resident in New Zealand
1) For Users resident in New Zealand, we shall comply in all respects with our obligations under the Consumer Guarantees Act 1993.