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LUMIN LEGAL RULES
Last updated: 26.07.2024
Hello and welcome to Lumin! We appreciate your interest in our game and
want to ensure you have a fantastic experience. Here are the legal guidelines
we ask you to follow while enjoying Lumin.
SUMMARY:
1. Legal Agreement: This document represents a legal agreement between
you, the player, and Elos Games Inc., concerning Lumin.
2. Your Rights: We grant you the right to play and enjoy Lumin. We’ve poured
1 year of hard work into creating it, and it remains our intellectual property.
Your enjoyment is our top priority, so have fun!
3. Prohibited Actions: The User Agreement outlines activities we ask you not
to engage in while playing Lumin (e.g., no hacking or cheating). For content
creators, feel free to share your gameplay on platforms like YouTube, Twitch,
Kick and so on. Monetization of your content is also perfectly fine with us.
Even though we would be proud of that!
4. Updates and Changes: This document may be updated periodically, and we
will post the latest version when changes occur. Note: These guidelines are
part of the broader User Agreement (see link below). While we prefer to keep
rules minimal, serious violations could result in temporary or permanent loss
of access to Lumin. We trust you to follow the guidelines, but our legal team
insists we include this clause.
Thank you for being part of the Lumin community. Enjoy your adventure!
END USER LICENSE AGREEMENTS FOR LUMIN (PC)
IMPORTANT - Please read these End User License Agreements (“EULA(s)”) 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 any and all EULAs that pertain to
its use. We are only prepared to license you to use the Software Product on the terms of
the relevant EULAs. Before installing this Software Product please make sure that your
computer meets the minimum technical specifications for the proper operation of this
Software Product.
(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 LICENSE SHALL BE GRANTED TO YOU IN RESPECT OF THE
SOFTWARE PRODUCT.
(ii) PURCHASE 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.
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
LUMIN
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH
9 BELOW; AND
- 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 AND COOKIES POLICY AND PERIODICALLY CHECK FOR
ANY UPDATES MADE TO IT.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software
Product or our website at www.elosgames.net where you will find the ticket mail for the
relevant telephone helpdesk. 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 gameplay, 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(b) or
2(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
This EULA is a legal agreement between you and Elos Games Inc. of 1606 Headway Cir STE
9142 Austin, TX, 72754, USA ("SEL" 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 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 license 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 authorized 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 STEAMTM software or any
open source software that may be incorporated into any separate plugins, delivery systems
or other software programs. 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, SEL 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 SELL 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 SEL, 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 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) 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. Online/multiplayer Features and Functionality
This Software Product may allow services operated by SEL and/or its affiliates or third
parties authorized on their behalf to be accessed which allow users of the Software
Product to enjoy certain on-line or multiplayer features and functionality associated with
the Software Product (“Online Features”). These services and Online Features may,
however, require payment of additional fees. In addition, access to and use of such
services/Online Features 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 such services (including
Online Features associated with the Software Product). These services and Online Features
may not be available in your country, 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. An internet connection will be required to access Online
Features.
Where you use Online Features 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.
5. Your consent to the use by us of certain Data
Without prejudice to paragraph 4 above, 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 (where
the Software Product contains Online Features) but also to help us better understand how
our customers are using the Software Product, their behavior 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. This information and any other data 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 Online Features will be collected, stored, retrieved, used and
distributed in accordance with SEL's latest Privacy Policy applicable to your region, which
are located at http://www.elosgames.net/privacy respectively. By clicking the Accept
button you unconditionally and irrevocably agree to the terms of the Privacy Policy as
varied and/or amended from time to time.
6. In-Game Advertising
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.
The technology employed by Dynamic Advertising Providers may be located outside your
country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the 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. Termination
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. 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 SEL’s
proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive
termination.
8. Ownership
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 regardless of form.
9. Limited Warranty and Exclusions
9.1 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 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.
9.2 The limited warranty in paragraph 9.1 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.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE SOFTWARE
PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEL 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, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS 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. REFER TO THE
MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL 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 SEL 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 SEL 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.
9.5 Nothing in this EULA shall limit or exclude SEL'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.
9.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set
forth in this paragraph 9. Nothing in this paragraph 9 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.
9.7 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.
10. Governing Law and Dispute Resolution
10.1 Subject to paragraph 10.2 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
SEL’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.
10.2 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.
10.3 The United Nations Convention on Contracts for the International Sale of Goods shall
not apply to this EULA.
11. 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.
12. Indemnity
You agree to indemnify, defend and hold harmless SEL, 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.
13. Miscellaneous
13.1 If you acquired this Software Product in the United States of America, you will not
export or re-export it except as authorized and permitted by the laws and regulations of
the United States of America.
13.2 Without prejudice to paragraph 9.6, this EULA together with any other 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 13.4 and 13.5, no amendment or modification of this EULA will be binding
unless made in writing and signed by a duly authorized representative of SEL.
13.3 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.
13.4 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 otherwise communicate such
changes to you. You accept that such unilateral changes may be necessary to take account
of, for example, changes to any digital rights management system used, or, where
applicable, changes to the STEAMTM service where STEAMTM software is used. 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.
13.5 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.
SUPPLEMENTAL END USER LICENSE AGREEMENT AND LIMITED WARRANTY
FOR LUMIN PC WRAPPER AND ASSOCIATED PLUG-INS
In order to play this Software Product it is necessary to download and install a software
wrapper program and certain third party plugins (collectively referred to as the “Wrapper
Software”). This Wrapper Software (which, for the avoidance of doubt, does not include any
of the software included within the Software Product itself) incorporates both proprietary
and open source software as described below.
Except for the software programs referred to in paragraph 2 of this Supplemental EULA
and which are distributed in accordance with the terms and conditions of the licenses
therein stated, the Wrapper Software and your use of it shall be governed entirely by the
provisions of paragraph 1 below, to the fullest extent permissible by the applicable open
source terms and conditions that may apply. This EULA is intended to govern your use of
the Wrapper Software and any updates or patches to it, which are provided to you or which
you may download from any SEL website, or other source authorized by SEL, expressly for
such purpose.
1. Grant of Limited Non-Exclusive License
For so long as you are in compliance with the provisions of this EULA, to the extent that it
is entitled to SEL grants you the non-exclusive limited right and license to:
(a) to install one (1) copy of the Software Product onto a single PC 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) to transfer the Wrapper Software, only in conjunction with the Software Product, from
one PC hard drive to another PROVIDED it is only used with the Software Product, and only
on one (1) PC 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 Wrapper Software, only in conjunction with the Software Product and the
benefit of this EULA, to another person PROVIDED such person has agreed to accept the
terms of this EULA (and any other relevant EULA) and that you contemporaneously transfer
any permitted copies of the Wrapper Software and the Software Product you may have
made to that person or destroy all copies of the Wrapper Software and 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 Wrapper
Software and the Software Product from your hard drive and the license granted to you
under this EULA shall automatically and immediately terminate.
In all other respects, the Wrapper Software is provided and your use of it shall be subject to
and shall be governed by all of the same terms and conditions of the EULA for the Software
Product as if those terms and conditions were repeated in this Supplemental EULA with
references to ‘Software Product’ replaced by references to ‘Wrapper Software’.
2. Plugin Licenses
The Wrapper Software incorporates certain third party plug-ins, which are governed by
the open source licenses and other provisions ascribed to them below.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be
used to endorse or promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS
IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
(ii) Libvpx
Copyright (c) 2010, The WebM Project authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Google, nor the WebM Project, nor the names of its contributors
may be used to endorse or promote products derived from this software without specific
prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(iii) Vgmstream
Iicensed by the Internet Systems Consortium (http://www.isc.org/software/license) under
the ISC License
Copyright (c) 2008-2009 Adam Gashlin, Fastelbja, Ronny Elfert
Portions Copyright (c) 2004-2008, Marko Kreen
Portions Copyright 2001-2007 jagarl / Kazunori Ueno <jagarl@creator.club.ne.jp>
Portions Copyright (c) 1998, Justin Frankel/Nullsoft Inc.
Portions Copyright (C) 2006 Nullsoft, Inc.
Portions Copyright (c) 2005-2007 Paul Hsieh
Portions Public Domain originating with Sun Microsystems
Permission to use, copy, modify, and distribute this software for any purpose with or
without fee is hereby granted, provided that the above copyright notice and this
permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
(iv) FFmpeg
FFmpeg (http://ffmpeg.org) libraries are licensed under the GNU Lesser General Public
License version 2.1 http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html (a copy of
which is included with this software) and its source can be downloaded here :
http://cdn.sqexeu.com/files/ff7/ffmpeg_ogg_vorbis_vpx_src.zip
(v) Qt
Qt is licensed under the GNU Lesser General Public License version 2.1
http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html a copy of which is included with
this software.
MICROSOFT DIRECT X AND VISUAL C++ EULA TERMS
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where
you live, one of its
affiliates) and you. Please read them. They apply to the software named above, which
includes the media
on which you received it, if any. The terms also apply to any Microsoft
*updates,
*supplements,
*Internet-based
services, and
*support services for this software,
unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on
your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to
use the software. Microsoft reserves all other rights. Unless applicable law gives you more
rights despite
this limitation, you may use the software only as expressly permitted in this agreement. In
doing so, you
must comply with any technical limitations in the software that only allow you to use it in
certain ways. You
may not;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law
expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by
applicable law, despite
this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the
software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and
use the documentation
for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You
must comply with all domestic and international export laws and regulations that apply to
the software.
These laws include restrictions on destinations, end users and end use. For additional
information, see
www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based
services and support services that you use, are the entire agreement for the software and
support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict
of laws principles.
The laws of the state where you live govern all other claims, including claims under state
consumer
protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country
apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the
laws of your country. You may also have rights with respect to the party from whom you
acquired the
software. This agreement does not change your rights under the laws of your country if the
laws of your
country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE
RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU
MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
MICROSOFT
EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER
FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU
CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS,
SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party
Internet sites, or third
party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other
tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above
limitation or exclusion may not apply to you because your country may not allow the
exclusion or limitation of
incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64)
These license terms are an agreement between Microsoft Corporation (or based on where
you live, one of its affiliates) and you. Please read them. They apply to the software named
above, which includes the media on which you received it, if any. The terms also apply to
any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end
users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire agreement for the
software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL
LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED
UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER
FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU
CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST
PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet
sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country
may not allow the exclusion or limitation of incidental, consequential or other damages.
Last updated: 26.07.2024
Hello and welcome to Lumin! We appreciate your interest in our game and
want to ensure you have a fantastic experience. Here are the legal guidelines
we ask you to follow while enjoying Lumin.
SUMMARY:
1. Legal Agreement: This document represents a legal agreement between
you, the player, and Elos Games Inc., concerning Lumin.
2. Your Rights: We grant you the right to play and enjoy Lumin. We’ve poured
1 year of hard work into creating it, and it remains our intellectual property.
Your enjoyment is our top priority, so have fun!
3. Prohibited Actions: The User Agreement outlines activities we ask you not
to engage in while playing Lumin (e.g., no hacking or cheating). For content
creators, feel free to share your gameplay on platforms like YouTube, Twitch,
Kick and so on. Monetization of your content is also perfectly fine with us.
Even though we would be proud of that!
4. Updates and Changes: This document may be updated periodically, and we
will post the latest version when changes occur. Note: These guidelines are
part of the broader User Agreement (see link below). While we prefer to keep
rules minimal, serious violations could result in temporary or permanent loss
of access to Lumin. We trust you to follow the guidelines, but our legal team
insists we include this clause.
Thank you for being part of the Lumin community. Enjoy your adventure!
END USER LICENSE AGREEMENTS FOR LUMIN (PC)
IMPORTANT - Please read these End User License Agreements (“EULA(s)”) 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 any and all EULAs that pertain to
its use. We are only prepared to license you to use the Software Product on the terms of
the relevant EULAs. Before installing this Software Product please make sure that your
computer meets the minimum technical specifications for the proper operation of this
Software Product.
(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 LICENSE SHALL BE GRANTED TO YOU IN RESPECT OF THE
SOFTWARE PRODUCT.
(ii) PURCHASE 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.
END USER LICENSE AGREEMENT AND LIMITED WARRANTY
LUMIN
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH
9 BELOW; AND
- 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 AND COOKIES POLICY AND PERIODICALLY CHECK FOR
ANY UPDATES MADE TO IT.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software
Product or our website at www.elosgames.net where you will find the ticket mail for the
relevant telephone helpdesk. 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 gameplay, 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(b) or
2(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
This EULA is a legal agreement between you and Elos Games Inc. of 1606 Headway Cir STE
9142 Austin, TX, 72754, USA ("SEL" 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 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 license 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 authorized 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 STEAMTM software or any
open source software that may be incorporated into any separate plugins, delivery systems
or other software programs. 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, SEL 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 SELL 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 SEL, 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 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) 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. Online/multiplayer Features and Functionality
This Software Product may allow services operated by SEL and/or its affiliates or third
parties authorized on their behalf to be accessed which allow users of the Software
Product to enjoy certain on-line or multiplayer features and functionality associated with
the Software Product (“Online Features”). These services and Online Features may,
however, require payment of additional fees. In addition, access to and use of such
services/Online Features 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 such services (including
Online Features associated with the Software Product). These services and Online Features
may not be available in your country, 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. An internet connection will be required to access Online
Features.
Where you use Online Features 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.
5. Your consent to the use by us of certain Data
Without prejudice to paragraph 4 above, 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 (where
the Software Product contains Online Features) but also to help us better understand how
our customers are using the Software Product, their behavior 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. This information and any other data 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 Online Features will be collected, stored, retrieved, used and
distributed in accordance with SEL's latest Privacy Policy applicable to your region, which
are located at http://www.elosgames.net/privacy respectively. By clicking the Accept
button you unconditionally and irrevocably agree to the terms of the Privacy Policy as
varied and/or amended from time to time.
6. In-Game Advertising
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.
The technology employed by Dynamic Advertising Providers may be located outside your
country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the 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. Termination
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. 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 SEL’s
proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive
termination.
8. Ownership
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 regardless of form.
9. Limited Warranty and Exclusions
9.1 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 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.
9.2 The limited warranty in paragraph 9.1 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.
9.3 THE LIMITED WARRANTY IN PARAGRAPH 9.1 DOES NOT APPLY TO THE SOFTWARE
PROGRAMS THEMSELVES WHICH ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEL 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, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS 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. REFER TO THE
MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL 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 SEL 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 SEL 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.
9.5 Nothing in this EULA shall limit or exclude SEL'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.
9.6 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set
forth in this paragraph 9. Nothing in this paragraph 9 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.
9.7 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.
10. Governing Law and Dispute Resolution
10.1 Subject to paragraph 10.2 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
SEL’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.
10.2 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.
10.3 The United Nations Convention on Contracts for the International Sale of Goods shall
not apply to this EULA.
11. 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.
12. Indemnity
You agree to indemnify, defend and hold harmless SEL, 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.
13. Miscellaneous
13.1 If you acquired this Software Product in the United States of America, you will not
export or re-export it except as authorized and permitted by the laws and regulations of
the United States of America.
13.2 Without prejudice to paragraph 9.6, this EULA together with any other 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 13.4 and 13.5, no amendment or modification of this EULA will be binding
unless made in writing and signed by a duly authorized representative of SEL.
13.3 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.
13.4 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 otherwise communicate such
changes to you. You accept that such unilateral changes may be necessary to take account
of, for example, changes to any digital rights management system used, or, where
applicable, changes to the STEAMTM service where STEAMTM software is used. 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.
13.5 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.
SUPPLEMENTAL END USER LICENSE AGREEMENT AND LIMITED WARRANTY
FOR LUMIN PC WRAPPER AND ASSOCIATED PLUG-INS
In order to play this Software Product it is necessary to download and install a software
wrapper program and certain third party plugins (collectively referred to as the “Wrapper
Software”). This Wrapper Software (which, for the avoidance of doubt, does not include any
of the software included within the Software Product itself) incorporates both proprietary
and open source software as described below.
Except for the software programs referred to in paragraph 2 of this Supplemental EULA
and which are distributed in accordance with the terms and conditions of the licenses
therein stated, the Wrapper Software and your use of it shall be governed entirely by the
provisions of paragraph 1 below, to the fullest extent permissible by the applicable open
source terms and conditions that may apply. This EULA is intended to govern your use of
the Wrapper Software and any updates or patches to it, which are provided to you or which
you may download from any SEL website, or other source authorized by SEL, expressly for
such purpose.
1. Grant of Limited Non-Exclusive License
For so long as you are in compliance with the provisions of this EULA, to the extent that it
is entitled to SEL grants you the non-exclusive limited right and license to:
(a) to install one (1) copy of the Software Product onto a single PC 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) to transfer the Wrapper Software, only in conjunction with the Software Product, from
one PC hard drive to another PROVIDED it is only used with the Software Product, and only
on one (1) PC 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 Wrapper Software, only in conjunction with the Software Product and the
benefit of this EULA, to another person PROVIDED such person has agreed to accept the
terms of this EULA (and any other relevant EULA) and that you contemporaneously transfer
any permitted copies of the Wrapper Software and the Software Product you may have
made to that person or destroy all copies of the Wrapper Software and 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 Wrapper
Software and the Software Product from your hard drive and the license granted to you
under this EULA shall automatically and immediately terminate.
In all other respects, the Wrapper Software is provided and your use of it shall be subject to
and shall be governed by all of the same terms and conditions of the EULA for the Software
Product as if those terms and conditions were repeated in this Supplemental EULA with
references to ‘Software Product’ replaced by references to ‘Wrapper Software’.
2. Plugin Licenses
The Wrapper Software incorporates certain third party plug-ins, which are governed by
the open source licenses and other provisions ascribed to them below.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be
used to endorse or promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS
IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
(ii) Libvpx
Copyright (c) 2010, The WebM Project authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Google, nor the WebM Project, nor the names of its contributors
may be used to endorse or promote products derived from this software without specific
prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(iii) Vgmstream
Iicensed by the Internet Systems Consortium (http://www.isc.org/software/license) under
the ISC License
Copyright (c) 2008-2009 Adam Gashlin, Fastelbja, Ronny Elfert
Portions Copyright (c) 2004-2008, Marko Kreen
Portions Copyright 2001-2007 jagarl / Kazunori Ueno <jagarl@creator.club.ne.jp>
Portions Copyright (c) 1998, Justin Frankel/Nullsoft Inc.
Portions Copyright (C) 2006 Nullsoft, Inc.
Portions Copyright (c) 2005-2007 Paul Hsieh
Portions Public Domain originating with Sun Microsystems
Permission to use, copy, modify, and distribute this software for any purpose with or
without fee is hereby granted, provided that the above copyright notice and this
permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES
WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR
ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
(iv) FFmpeg
FFmpeg (http://ffmpeg.org) libraries are licensed under the GNU Lesser General Public
License version 2.1 http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html (a copy of
which is included with this software) and its source can be downloaded here :
http://cdn.sqexeu.com/files/ff7/ffmpeg_ogg_vorbis_vpx_src.zip
(v) Qt
Qt is licensed under the GNU Lesser General Public License version 2.1
http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html a copy of which is included with
this software.
MICROSOFT DIRECT X AND VISUAL C++ EULA TERMS
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where
you live, one of its
affiliates) and you. Please read them. They apply to the software named above, which
includes the media
on which you received it, if any. The terms also apply to any Microsoft
*updates,
*supplements,
*Internet-based
services, and
*support services for this software,
unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT
USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on
your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to
use the software. Microsoft reserves all other rights. Unless applicable law gives you more
rights despite
this limitation, you may use the software only as expressly permitted in this agreement. In
doing so, you
must comply with any technical limitations in the software that only allow you to use it in
certain ways. You
may not;
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law
expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by
applicable law, despite
this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the
software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and
use the documentation
for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You
must comply with all domestic and international export laws and regulations that apply to
the software.
These laws include restrictions on destinations, end users and end use. For additional
information, see
www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based
services and support services that you use, are the entire agreement for the software and
support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the
interpretation of this agreement and applies to claims for breach of it, regardless of conflict
of laws principles.
The laws of the state where you live govern all other claims, including claims under state
consumer
protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country
apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the
laws of your country. You may also have rights with respect to the party from whom you
acquired the
software. This agreement does not change your rights under the laws of your country if the
laws of your
country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE
RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU
MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT
CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS,
MICROSOFT
EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER
FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU
CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS,
SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) on third party
Internet sites, or third
party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other
tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above
limitation or exclusion may not apply to you because your country may not allow the
exclusion or limitation of
incidental, consequential or other damages.
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64)
These license terms are an agreement between Microsoft Corporation (or based on where
you live, one of its affiliates) and you. Please read them. They apply to the software named
above, which includes the media on which you received it, if any. The terms also apply to
any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end
users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire agreement for the
software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of
that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL
LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED
UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER
FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU
CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST
PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet
sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country
may not allow the exclusion or limitation of incidental, consequential or other damages.