| Language: |
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
Ash and Tor: Yuma's Quest (PC)
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 licence you to use the Software Product on the terms of this EULA. Before installing 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 9 BELOW; AND
(i) PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA 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" 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.
Technical Support:
If you require technical assistance, please send an e-mail at ashandtoryumaquest@gmail.com.
1. Legal Agreement
This EULA is a legal agreement between you and Viscocat Entertainment ("VCE" or "we") which governs your use of the Software Product. For the purposes of this EULA, references to the Software Product includes computer software owned by VCE 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 VCE web site or other source authorised by VCE 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. Such third party proprietary software may be embodied on the media containing this Software Product or otherwise downloaded within the software package containing the Software Product and may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
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
For so long as you are in compliance with the provisions of this EULA, VCE grants you the non-exclusive limited right and licence to:
(a) install one (1) copy of the Software Product into 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.
All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to VCE 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.
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 (c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) 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 license from Square Enix, to use the Software Product or permit the use of the Software Product, on more than one personal CPU, game console, handheld 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 whole or any part of the Software Product, in whole or in part, Where applicable law expressly permits any such acts, and 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 VCE 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) 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;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programmes that mimic data or functionality in the Software Product.
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. Termination
Without prejudice to any other rights, VCE may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. 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 VCE’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. VCE and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Limited Warranty and Exclusions
6.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under the applicable law.
Where the Software Product is recorded on a physical medium supplied by VCE, VCE 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 VCE under this limited warranty will be, at VCE's sole option, either (a) to return of the purchase price paid for the Software Product; or (b) to repair or, at VCE’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 VCE 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.
6.2 The limited warranty in paragraph 6.1 above is void 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.
6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMVCEVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VCE AND ITS LICENSORS DISCLAIM 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 INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, VCE DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT VCE WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. VCE FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL VCE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF VCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF VCE AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.5 Nothing in this EULA shall limit or exclude VCE's liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory 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.
6.7 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.
7. Governing Law and Dispute Resolution
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit VCE’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
7.2 If you acquired this Software Product in the United States of America 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.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Injunction
Because VCE 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.
9. Indemnity
You agree to indemnify, defend and hold harmless VCE, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product or any breach by you of the terms of this EULA.
10. Miscellaneous
10.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
10.2 Without prejudice to paragraph 6.6, this EULA together with any other agreement, policy or other document expressly referred to in this EULA constitutes the entire agreement between VCE and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 10.4 and 10.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of VCE.
10.3 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 Square Enix or its licensors.
10.4 VCE 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 and 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 Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
10.5 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.
Last updated 10 November 2023
Ash and Tor: Yuma's Quest (PC)
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 licence you to use the Software Product on the terms of this EULA. Before installing 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 9 BELOW; AND
(i) PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA 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" 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.
Technical Support:
If you require technical assistance, please send an e-mail at ashandtoryumaquest@gmail.com.
1. Legal Agreement
This EULA is a legal agreement between you and Viscocat Entertainment ("VCE" or "we") which governs your use of the Software Product. For the purposes of this EULA, references to the Software Product includes computer software owned by VCE 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 VCE web site or other source authorised by VCE 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. Such third party proprietary software may be embodied on the media containing this Software Product or otherwise downloaded within the software package containing the Software Product and may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
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
For so long as you are in compliance with the provisions of this EULA, VCE grants you the non-exclusive limited right and licence to:
(a) install one (1) copy of the Software Product into 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.
All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to VCE 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.
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 (c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) 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 license from Square Enix, to use the Software Product or permit the use of the Software Product, on more than one personal CPU, game console, handheld 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 whole or any part of the Software Product, in whole or in part, Where applicable law expressly permits any such acts, and 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 VCE 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) 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;
(g) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Software Product;
(h) export or re-export the Software Product or any copy or adaptation in violation of any applicable laws or regulations; or
(i) create data or executable programmes that mimic data or functionality in the Software Product.
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. Termination
Without prejudice to any other rights, VCE may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. 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 VCE’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.
5. Ownership
You only own the media on which the Software Product is recorded. VCE and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Limited Warranty and Exclusions
6.1 LIMITED WARRANTY
This limited warranty is in addition to, and does not affect, those of your statutory rights which cannot be excluded or limited in any way under the applicable law.
Where the Software Product is recorded on a physical medium supplied by VCE, VCE 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 VCE under this limited warranty will be, at VCE's sole option, either (a) to return of the purchase price paid for the Software Product; or (b) to repair or, at VCE’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 VCE 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.
6.2 The limited warranty in paragraph 6.1 above is void 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.
6.3 THE LIMITED WARRANTY IN PARAGRAPH 6.1 DOES NOT APPLY TO THE SOFTWARE PROGRAMS THEMVCEVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VCE AND ITS LICENSORS DISCLAIM 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 INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, VCE DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT VCE WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. VCE FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
6.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL VCE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF VCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF VCE AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
6.5 Nothing in this EULA shall limit or exclude VCE's liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
6.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 6. Nothing in this paragraph 6 shall affect your statutory 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.
6.7 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.
7. Governing Law and Dispute Resolution
7.1 Subject to paragraph 7.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit VCE’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
7.2 If you acquired this Software Product in the United States of America 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.
7.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
8. Injunction
Because VCE 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.
9. Indemnity
You agree to indemnify, defend and hold harmless VCE, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product or any breach by you of the terms of this EULA.
10. Miscellaneous
10.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
10.2 Without prejudice to paragraph 6.6, this EULA together with any other agreement, policy or other document expressly referred to in this EULA constitutes the entire agreement between VCE and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 10.4 and 10.5, no amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of VCE.
10.3 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 Square Enix or its licensors.
10.4 VCE 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 and 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 Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
10.5 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.
Last updated 10 November 2023