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The End User License Agreement (“EULA”)
Before downloading, installing, using, or playing the game or any related software (collectively referred to as “the Game”), you should carefully read the entire Final User License Agreement. This agreement contains important provisions regarding your legal rights. Downloading, installing, using, or playing the Game constitutes your agreement to be bound by all the terms of this agreement. If you do not agree to any of the terms of this agreement, do not (and you may not) download, install, use, or play the Game.
In order to play the Game and/or use certain features, you may need to have and maintain an active and valid ZENIMAX user account (“Account”).
Downloading, installing, using, or playing the Game constitutes your affirmation that you have read this Final User License Agreement, the ZENIMAX Terms of Service, and the ZENIMAX Privacy Policy, and that you also agree to comply with the terms of this agreement and the Terms of Service (collectively referred to as this “Agreement”). You also confirm and understand that ZENIMAX will process your personal data in accordance with the ZENIMAX Privacy Policy located at https://bethesda.net/#/privacypolicy. If you do not agree to the terms of this agreement or have not reviewed and understood the ZENIMAX Privacy Policy, do not download, install, or use the Game.
For your convenience, you may access https://bethesda.net/#/termsofservice to view the ZeniMax “Terms of Service” or “ZeniMax Terms of Service”.
This Agreement is entered into by you and ZeniMax Media Inc. (“ZeniMax”).
As stated in Section 1 of the Terms of Service, if you reside in the European Economic Area, the United Kingdom, Switzerland, Russia, Australia, New Zealand, Turkey, Japan, or Brazil, ZENIMAX acknowledges that the laws of these countries impose certain guarantees, warranties, terms, and conditions (including refunds, returns, and unfair terms) on the provision of goods, services, and digital content, and that such provisions are expressly not excludable, limitable, or modifiable, • Motion sickness, dizziness, disorientation, or nausea; and/or
• Repetitive motion injuries and eye fatigue.
If you feel unwell or experience any of the above symptoms, please immediately stop playing.
In any case, we strongly recommend that you take a 10-15 minute break every hour or so, and avoid playing for extended periods of time.
If you are pregnant, or if you have any pre-existing medical conditions, you should consult your doctor before playing, to obtain professional advice.
You should not play while under the influence of alcohol or drugs, or while using prescription or over-the-counter medications.
Please be mindful of your surroundings while playing. If the virtual reality headset or other headset you are using supports a sitting mode, please try to sit while using it. All use of the game, whether by you or any other person, shall be governed by the terms of this Agreement and the ZeniMax Service Terms. By reference to the ZeniMax Service Terms, we are incorporating them into this End User License Agreement (EULA) and making them part of this Agreement, as if they had been fully restated herein. This EULA, which is short for "End User License Agreement," constitutes the "Supplemental Terms" under the ZeniMax Service Terms. The game provided and distributed herein is intended for authorized final users to use only in accordance with the terms of this Agreement (including the ZeniMax Service Terms). Any use, copying, modification, or distribution of the game without the express authorization of this Agreement is strictly prohibited. You agree that, for the purposes of this Agreement (including the ZeniMax Service Terms), the game, the game client, other game-related software, and any specific content related to your access and use of the game (as defined in the Service Terms) are all "Services." ZeniMax reserves all rights not expressly granted to you under this Agreement.
You understand that ZeniMax may collect and process your personal data in accordance with the ZeniMax Privacy Policy (located at https://bethesda.net/#/privacypolicy), and you agree to comply with the ZeniMax Code of Conduct (located at https://bethesda.net/#/codeofcontact). By reference and the Privacy Policy and Code of Conduct, we are incorporating them into this End User License Agreement and making them part of this Agreement, as if they had been fully restated herein. All personal information related to this End User License Agreement that ZeniMax collects and processes will be collected and processed in accordance with the ZeniMax Privacy Policy.
You should print a copy of this End User License Agreement, the Service Terms, the Privacy Policy, and the Code of Conduct for your records and future reference.
All software programs and any and all files (including any "patches", "installers", any updates and modifications to such software programs, and any and all copies and derivative works of such software programs, collectively referred to as the "Game") that are delivered to you or made available to you directly or indirectly by ZeniMax or through ZeniMax authorized dealers or distributors (through online access, transmission, download or other means) are copyrighted works of ZeniMax and its affiliates. The Game is licensed to you, not sold to you.
1. Limited License; Restrictions and Ownership
If you agree to this Agreement, you may, subject to applicable law, download, install and use the software (referred to as the "Game Client") on your computer or console (each referred to as a "Computer") for the purpose of playing the Game. In consideration of your agreement to this Agreement, ZeniMax hereby grants to you and you hereby accept a limited, non-transferable, non-exclusive license to (a) download, install and use the Game Client for non-commercial entertainment purposes on one or more Computers that you own or lawfully control; and (b) use the Game Client as part of a service (if applicable).
The ZeniMax Service Terms, which include terms and conditions applicable to virtual currency (such terms are set forth in the ZeniMax Service Terms), include a non-exclusive, limited license to the virtual currency granted to you, subject to the terms and conditions applicable to the virtual currency used in conjunction with the Game (if any).
This Agreement does not grant you any right to obtain a re-release or replacement of the Game at any time, and ZeniMax has no obligation to provide software updates, upgrades or expansions for the Game, or to operate or support the Game indefinitely.
As further set forth in the ZeniMax Service Terms, but subject to applicable law (as set forth in the first paragraph of the ZeniMax Service Terms), ZeniMax may at any time modify, alter, suspend or terminate any aspect of the Game, and ZeniMax may impose limitations or restrictions on certain features or limit your access to all or part of the Game without providing notice to you or any responsibility for doing so. These technologies can scan any computer or device on which you download or play the game to detect or identify any programs or processes (“cheating programs”) that are intended to “cheat” and gain an unfair advantage in the game or otherwise bypass any security, anti-cheat, or fraud detection processes or tools that we implement. Using or downloading the game or accepting this agreement means that you understand and expressly agree that these anti-cheat tools may access your computer or device to identify or detect cheating programs.
3. Limitations and Restrictions.
The game and/or certain features are services provided by ZeniMax, which may only be used online in some cases. If such situations arise, a continuous internet connection (not provided by ZeniMax) is required to play the game or use these features. All related costs and fees for purchasing any hardware, software (such as an internet browser), or other products or services necessary to play the game or use these features are your responsibility.
In addition to the constraints, conditions, and limitations set forth in the ZeniMax Service Terms and the ZeniMax Code of Conduct, the license granted to you under this End User License Agreement is subject to the conditions, limitations, and restrictions set forth in Section 1 and Section 3 of this End User License Agreement (collectively, the “License Restrictions”). Any violation of the license restrictions in the use of the game will be deemed to infringe ZeniMax’s copyright in the game and will be deemed to be a violation of this agreement. You agree that in any case, you will not and will not assist any other person:
A. Distribute, publicly perform or display, sell, transmit, publish, edit, copy, relicense, rent, lease, lend, or otherwise transfer the entire or any part of the game or content, including but not limited to any access keys;
B. Modify, adapt, translate, reverse engineer, attempt to obtain source code, change, decompile, or disassemble the entire or any part of the game; or create derivative works based on the game, but you may back up one (1) copy of the game client and accompanying manual for archival purposes only, and you may also install the relevant game client on one or more computers H. Providing or developing matchmaking services for the game, or intercepting, mimicking, or redirecting any communication protocol used by ZeniMax, including but not limited to unauthorized use of the internet, online games, or as part of a content aggregation network;
I. Promoting, creating, or maintaining any unauthorized game or service connections, including but not limited to (a) any connection with any unauthorized server that attempts to mimic or simulate the service; and (b) any connection using any program or tool not expressly approved by ZeniMax;
J. Taking any action or uploading, posting, transmitting, promoting, or distributing any illegal content;
K. Taking any action or uploading, posting, transmitting, promoting, or distributing any content that infringes or violates any third-party rights;
L. Engaging in or participating in any type of child sexual solicitation, sexual grooming, pedophilia, or any form of predation, or taking any action related to such conduct;
M. Harassing, stalking, threatening other game users, making them feel uncomfortable, sending them unwanted messages, or engaging in any other behavior that makes them feel uncomfortable, such as repeatedly sending unwanted information or personal attacks, or making statements about race, sexual orientation, religion, or heritage;
N. Taking any action or uploading, posting, transmitting, promoting, or distributing any personal information of you or any person in the real world;
O. Impersonating any person or entity (including but not limited to ZeniMax, its partners or subsidiaries' employees), or making false statements about your relationship with a person or entity or otherwise distorting such relationships;
P. Taking any action, organizing, promoting, or participating in any activity, group, or association that involves any of the following: harmful, inappropriate, abusive, hateful (including "hate speech"), racist, ethnic, religious, or other offensive, obscene, threatening, bullying, crude, nude, defamatory, slanderous, invasion of privacy, or copyright infringement, or that encourages violation of laws or conduct that.
4. Ownership of the Game. ZeniMax and its licensors are now and will continue to be the owners of all rights, ownership, and interests in the game and services, including but not limited to all intellectual and spiritual rights to the game and all its copies (including but not limited to any titles, software programs and codes, game-related themes, characters, character names, character portraits, stories, dialogues, catchphrases, locations, concepts, works, character lists, structures in the game, landscapes and other designs, animations, sounds, musical works and recordings, audio-visual effects, storylines, methods of operation, and any related documents). You shall not take any action that violates these property rights or ownership. The game is protected by U.S. copyright law, international treaties and conventions, and other laws. The game may contain materials licensed by third parties, and the licensors of these materials can enforce their rights in the event of any violation of this agreement. You understand and agree that you have no monetary or other rights to any features or content contained in the game. This clause will continue to be effective after the termination of this agreement.
5. Collection and Use of Data You acknowledge that you have read and understood ZeniMax's Privacy Policy [https://bethesda.net/zh-CN/document/privacy-policy], which explains how we collect, use, and disclose data related to you (including personal data). In particular, ZeniMax will use your data (including personal data) for the following purposes: operating services; promoting product support, development, and improvement; providing a customized and personalized experience; understanding the ZeniMax products you are using and providing you with other services. You further acknowledge that you have read and understood our Cookie Policy [http://bethesda.net/zh-CN/document/cookie-policy], and you also agree that we can use cookies, web beacons, and other analytical technologies (including technologies provided by third parties, collectively referred to as "Cookies") to collect, use, store, and transmit technical and other information about your mobile device or other devices (including MAC addresses, unique device IDs or other identifiers, UDID, XUID and/or PUID), Game Center IDs, Game Center names, IP addresses, geographic locations, device brands and models, operating systems, software and applications, gameplay/data usage, third-party account authorization data, session data, browser identifiers, connection types, and carrier information. You agree to our use of the Cookies described here, and our Cookie Policy contains more detailed information about your options regarding our use of Cookies.
You also acknowledge and understand that ZeniMax can provide games and conduct business in many countries. Therefore, personal information collected from you through the game or otherwise, or submitted by you, may be transmitted to and stored on servers and devices located outside your country of residence. The servers and devices that store and process your data may be owned and operated by third parties, and ZeniMax has entered into contracts with these third parties on how to receive, store, and process your personal information. ZeniMax and its designated third parties may further transmit, store, and process your personal information on servers and devices located in other countries. You should be aware that the data protection laws of other countries may differ from those of your country of residence. This Section 5 shall continue to be effective after the termination of this Agreement.
6. Monitoring and Updates. If you request ZeniMax to provide any technical support, ZeniMax may remotely access and inspect your computer loaded with the game client, with your consent, to provide technical support and debugging. As further described in the ZeniMax Terms of Service, ZeniMax can remotely update the game (including but not limited to the game client residing on your computer), and you hereby agree to ZeniMax deploying and applying such updates.
You understand and agree that (a) any and all game-related character data is stored and resides on ZeniMax computers and servers; and (b) any and all communications you make in the game (including but not limited to messages intended for other players or another group of players) are transmitted through ZeniMax computers and servers and may or may not be monitored by ZeniMax or ZeniMax's agents. You expressly consent to such monitoring of the communications you send and receive. The ZeniMax Terms of Service and ZeniMax Privacy Policy include other terms and conditions applicable to the access, monitoring, and recording of service-related activities and communications, including but not limited to the circumstances under which ZeniMax may report incidents to law enforcement agencies and other authorities. All personal data collected and processed by ZeniMax for the activities listed in this Section 6 will be collected and processed in accordance with the ZeniMax Privacy Policy [https://bethesda.net/#/privacypolicy] and the terms of this Agreement.
7. Termination. This End User License Agreement takes effect from the time you accept this End User License Agreement and will always be valid before the agreement is terminated. You can terminate this End User License Agreement at any time by: (i) permanently destroying all copies of the game you own or control; and (ii) deleting the game client from your hard drive. In compliance with legal obligations (defined in ZeniMax Terms of Service Article 1), ZeniMax can terminate this End User License Agreement at any time for any reason or without reason (including at the time ZeniMax chooses to stop providing the game). If ZeniMax terminates this agreement for any reason, all licenses granted under this End User License Agreement related to the game contained in this End User License Agreement (including ZeniMax Terms of Service) should be terminated immediately, and you must immediately perform the above (i) and (ii). ZeniMax will send you a notice when terminating the agreement without reason.
8. Export restrictions. The game may not be exported, re-exported, downloaded, or otherwise transmitted (collectively referred to as "export") to the following parties: (i) any country that requires an export license or is prohibited from exporting by the US government, including any such country subject to economic sanctions; or (ii) any individual or entity that is prohibited from receiving goods or services from the United States. You declare and guarantee that your location is not in any such country or list, is not controlled by such country or list, and is not a national or resident listed in such country or list. This Article 8 will continue to be effective after the termination of this agreement.
9. Warranty. If you are the initial purchaser of the game purchased through physical media (such as a disc), you have a limited warranty included with the manual or other packaging materials provided with the purchase during the use of the game. The ZeniMax Terms of Service contain provisions on disclaimers of statements, warranties, and guarantees (subject to legal obligations (defined in ZeniMax Terms of Service Article 1)), and are hereby incorporated into this End User License Agreement by reference to such provisions and constitute part of this End User License Agreement as if such provisions have been fully restated in this End User License Agreement. This Article 9 will continue to be effective after the termination of this agreement. For software that is allowed to be used on the Internet or through the Internet, you acknowledge that ZeniMax is not responsible for the Internet, whether the Internet should continue to exist in its current form, or whether foreign or domestic governments or government agencies will control, regulate, or prohibit the Internet. The related risks of using the Internet are borne by you.
10. Limitation of liability, compensation. To the maximum extent permitted by applicable law and in compliance with legal obligations (defined in the Terms of Service Article 1), ZeniMax or any licensor is not responsible for the following losses: (I) special, incidental, consequential, punitive, disciplinary or other indirect damages; (II) third-party claims; or (III) any loss or damage to any system, hardware or software, records or data, even if it has been informed or aware of the possibility of any such loss or damage, and the limited remedies of this agreement have failed to achieve their basic purpose. Some jurisdictions do not allow the imposition of liability limits or exclusions of liability. Therefore, the above part may not apply to you. The ZeniMax Terms of Service contain other provisions on liability limitations and remedies (subject to legal obligations (defined in ZeniMax Terms of Service Article 1)), and are hereby incorporated into this End User License Agreement by reference to such provisions and constitute part of this End User License Agreement as if such provisions have been fully restated in this End User License Agreement. If (i) you abuse the game service or violate this agreement, or (ii) any investment, action or inaction you make due to the use of the game service causes ZeniMax to bear any liability, damage compensation, loss, cost and expense (including but not limited to attorney fees and litigation costs), you agree to reimburse ZeniMax and its subsidiaries and other participants of the service for all such liabilities, damage compensation, losses, costs and expenses. If a third party sues ZeniMax for any of the above (i) or (ii), ZeniMax reserves the right to control the defense and settlement of such third-party lawsuits, and you agree to reimburse ZeniMax for defense costs, including but not limited to reasonable attorney fees that can be proven by documents. This Article 10 will continue to be effective after the termination of this agreement.
11. Changes to the Agreement. As the game and laws evolve, ZeniMax may replace this End User License Agreement with a new version (each a "New EULA"). This End User License Agreement will terminate immediately upon the adoption of a New EULA, and you will have the opportunity to review the New EULA in accordance with the change provisions listed in the ZeniMax Terms of Service. The New EULA will not retroactively apply to previous versions. Your continued use of the software and playing of the game after changes to the EULA will be considered as your acceptance of all terms as modified.
12. U.S. Government Restricted Rights. The game is a commercial item fully funded by private sources, including "commercial computer software" and "commercial computer software documentation," as those terms are defined in applicable procurement regulations, including but not limited to the Federal Acquisition Regulation ("FAR") at 48 C.F.R.2.101. As described in 48 C.F.R.12.212 (Computer Software) and 12.211 (Technical Data) (for civilian entities), 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4, the game has been licensed to U.S. government end users under the terms of this agreement in accordance with 48 C.F.R. 227.7202 (for Department of Defense entities). In terms of the rights of the U.S. government in the game, this U.S. government license term supersedes or replaces any other FAR, DFARS, or other term or provision of the contract under which this game was obtained. The manufacturer of the game is ZeniMax.
13. Governing Law. For residents of North America, this agreement and all disputes (as defined in the Dispute Provisions) shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules and principles that would result in the application of the laws of another state or country to this agreement or any dispute, and without regard to the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act ("UCITA"), and any laws based on UCITA. For clarity, the terms contained in this paragraph shall supersede any conflicting terms in the ZeniMax Terms of Service, including but not limited to any terms that would result in the application of the laws of another country to this agreement or any dispute. If you reside outside of North America, then this agreement and all disputes shall be governed by English law, without regard to its conflict of laws rules and principles that would result in the application of the laws of another country to this agreement or any dispute, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. However, local mandatory laws may apply. Notwithstanding the Dispute Provisions, you agree that ZeniMax has the right to seek injunctive relief, specific performance, and equitable relief for violations of Sections 1 or 3 of this agreement, as well as any other remedies ZeniMax may have under applicable law. This Section 13 will continue to be effective after the termination of this agreement.
14. Miscellaneous. This End User License Agreement, together with the ZeniMax Terms of Service, ZeniMax Privacy Policy, and ZeniMax Code of Conduct, constitutes and contains the entire agreement between you and ZeniMax with respect to the subject matter of this agreement, and supersedes any prior oral or written agreements. This End User License Agreement is intended to coexist with, and not to replace, the ZeniMax Terms of Service or ZeniMax Privacy Policy. If the provisions of this End User License Agreement conflict with the provisions of the ZeniMax Terms of Service, the conflicting provisions of this End User License Agreement shall control and be binding, unless otherwise expressly provided in this agreement. Except as specifically provided in the Dispute Provisions, if any part of this agreement is found to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts of this agreement shall remain in full force and effect. ZeniMax's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this agreement must be in writing and signed by ZeniMax. You agree that this agreement and ZeniMax's enforcement of this agreement are not intended to confer, and do not confer, any rights or remedies upon any person other than you and ZeniMax. This Section 14 will continue to be effective after the termination of this agreement for any reason. I hereby acknowledge that I have read and understand all of the terms and conditions of this agreement, and I agree that by clicking "I Agree," installing the game client, or otherwise playing the game, I am agreeing to be bound by all of the terms and conditions of this agreement, including my express agreement to ZeniMax's use of the anti-cheat tools described in this agreement.
Before downloading, installing, using, or playing the game or any related software (collectively referred to as “the Game”), you should carefully read the entire Final User License Agreement. This agreement contains important provisions regarding your legal rights. Downloading, installing, using, or playing the Game constitutes your agreement to be bound by all the terms of this agreement. If you do not agree to any of the terms of this agreement, do not (and you may not) download, install, use, or play the Game.
In order to play the Game and/or use certain features, you may need to have and maintain an active and valid ZENIMAX user account (“Account”).
Downloading, installing, using, or playing the Game constitutes your affirmation that you have read this Final User License Agreement, the ZENIMAX Terms of Service, and the ZENIMAX Privacy Policy, and that you also agree to comply with the terms of this agreement and the Terms of Service (collectively referred to as this “Agreement”). You also confirm and understand that ZENIMAX will process your personal data in accordance with the ZENIMAX Privacy Policy located at https://bethesda.net/#/privacypolicy. If you do not agree to the terms of this agreement or have not reviewed and understood the ZENIMAX Privacy Policy, do not download, install, or use the Game.
For your convenience, you may access https://bethesda.net/#/termsofservice to view the ZeniMax “Terms of Service” or “ZeniMax Terms of Service”.
This Agreement is entered into by you and ZeniMax Media Inc. (“ZeniMax”).
As stated in Section 1 of the Terms of Service, if you reside in the European Economic Area, the United Kingdom, Switzerland, Russia, Australia, New Zealand, Turkey, Japan, or Brazil, ZENIMAX acknowledges that the laws of these countries impose certain guarantees, warranties, terms, and conditions (including refunds, returns, and unfair terms) on the provision of goods, services, and digital content, and that such provisions are expressly not excludable, limitable, or modifiable, • Motion sickness, dizziness, disorientation, or nausea; and/or
• Repetitive motion injuries and eye fatigue.
If you feel unwell or experience any of the above symptoms, please immediately stop playing.
In any case, we strongly recommend that you take a 10-15 minute break every hour or so, and avoid playing for extended periods of time.
If you are pregnant, or if you have any pre-existing medical conditions, you should consult your doctor before playing, to obtain professional advice.
You should not play while under the influence of alcohol or drugs, or while using prescription or over-the-counter medications.
Please be mindful of your surroundings while playing. If the virtual reality headset or other headset you are using supports a sitting mode, please try to sit while using it. All use of the game, whether by you or any other person, shall be governed by the terms of this Agreement and the ZeniMax Service Terms. By reference to the ZeniMax Service Terms, we are incorporating them into this End User License Agreement (EULA) and making them part of this Agreement, as if they had been fully restated herein. This EULA, which is short for "End User License Agreement," constitutes the "Supplemental Terms" under the ZeniMax Service Terms. The game provided and distributed herein is intended for authorized final users to use only in accordance with the terms of this Agreement (including the ZeniMax Service Terms). Any use, copying, modification, or distribution of the game without the express authorization of this Agreement is strictly prohibited. You agree that, for the purposes of this Agreement (including the ZeniMax Service Terms), the game, the game client, other game-related software, and any specific content related to your access and use of the game (as defined in the Service Terms) are all "Services." ZeniMax reserves all rights not expressly granted to you under this Agreement.
You understand that ZeniMax may collect and process your personal data in accordance with the ZeniMax Privacy Policy (located at https://bethesda.net/#/privacypolicy), and you agree to comply with the ZeniMax Code of Conduct (located at https://bethesda.net/#/codeofcontact). By reference and the Privacy Policy and Code of Conduct, we are incorporating them into this End User License Agreement and making them part of this Agreement, as if they had been fully restated herein. All personal information related to this End User License Agreement that ZeniMax collects and processes will be collected and processed in accordance with the ZeniMax Privacy Policy.
You should print a copy of this End User License Agreement, the Service Terms, the Privacy Policy, and the Code of Conduct for your records and future reference.
All software programs and any and all files (including any "patches", "installers", any updates and modifications to such software programs, and any and all copies and derivative works of such software programs, collectively referred to as the "Game") that are delivered to you or made available to you directly or indirectly by ZeniMax or through ZeniMax authorized dealers or distributors (through online access, transmission, download or other means) are copyrighted works of ZeniMax and its affiliates. The Game is licensed to you, not sold to you.
1. Limited License; Restrictions and Ownership
If you agree to this Agreement, you may, subject to applicable law, download, install and use the software (referred to as the "Game Client") on your computer or console (each referred to as a "Computer") for the purpose of playing the Game. In consideration of your agreement to this Agreement, ZeniMax hereby grants to you and you hereby accept a limited, non-transferable, non-exclusive license to (a) download, install and use the Game Client for non-commercial entertainment purposes on one or more Computers that you own or lawfully control; and (b) use the Game Client as part of a service (if applicable).
The ZeniMax Service Terms, which include terms and conditions applicable to virtual currency (such terms are set forth in the ZeniMax Service Terms), include a non-exclusive, limited license to the virtual currency granted to you, subject to the terms and conditions applicable to the virtual currency used in conjunction with the Game (if any).
This Agreement does not grant you any right to obtain a re-release or replacement of the Game at any time, and ZeniMax has no obligation to provide software updates, upgrades or expansions for the Game, or to operate or support the Game indefinitely.
As further set forth in the ZeniMax Service Terms, but subject to applicable law (as set forth in the first paragraph of the ZeniMax Service Terms), ZeniMax may at any time modify, alter, suspend or terminate any aspect of the Game, and ZeniMax may impose limitations or restrictions on certain features or limit your access to all or part of the Game without providing notice to you or any responsibility for doing so. These technologies can scan any computer or device on which you download or play the game to detect or identify any programs or processes (“cheating programs”) that are intended to “cheat” and gain an unfair advantage in the game or otherwise bypass any security, anti-cheat, or fraud detection processes or tools that we implement. Using or downloading the game or accepting this agreement means that you understand and expressly agree that these anti-cheat tools may access your computer or device to identify or detect cheating programs.
3. Limitations and Restrictions.
The game and/or certain features are services provided by ZeniMax, which may only be used online in some cases. If such situations arise, a continuous internet connection (not provided by ZeniMax) is required to play the game or use these features. All related costs and fees for purchasing any hardware, software (such as an internet browser), or other products or services necessary to play the game or use these features are your responsibility.
In addition to the constraints, conditions, and limitations set forth in the ZeniMax Service Terms and the ZeniMax Code of Conduct, the license granted to you under this End User License Agreement is subject to the conditions, limitations, and restrictions set forth in Section 1 and Section 3 of this End User License Agreement (collectively, the “License Restrictions”). Any violation of the license restrictions in the use of the game will be deemed to infringe ZeniMax’s copyright in the game and will be deemed to be a violation of this agreement. You agree that in any case, you will not and will not assist any other person:
A. Distribute, publicly perform or display, sell, transmit, publish, edit, copy, relicense, rent, lease, lend, or otherwise transfer the entire or any part of the game or content, including but not limited to any access keys;
B. Modify, adapt, translate, reverse engineer, attempt to obtain source code, change, decompile, or disassemble the entire or any part of the game; or create derivative works based on the game, but you may back up one (1) copy of the game client and accompanying manual for archival purposes only, and you may also install the relevant game client on one or more computers H. Providing or developing matchmaking services for the game, or intercepting, mimicking, or redirecting any communication protocol used by ZeniMax, including but not limited to unauthorized use of the internet, online games, or as part of a content aggregation network;
I. Promoting, creating, or maintaining any unauthorized game or service connections, including but not limited to (a) any connection with any unauthorized server that attempts to mimic or simulate the service; and (b) any connection using any program or tool not expressly approved by ZeniMax;
J. Taking any action or uploading, posting, transmitting, promoting, or distributing any illegal content;
K. Taking any action or uploading, posting, transmitting, promoting, or distributing any content that infringes or violates any third-party rights;
L. Engaging in or participating in any type of child sexual solicitation, sexual grooming, pedophilia, or any form of predation, or taking any action related to such conduct;
M. Harassing, stalking, threatening other game users, making them feel uncomfortable, sending them unwanted messages, or engaging in any other behavior that makes them feel uncomfortable, such as repeatedly sending unwanted information or personal attacks, or making statements about race, sexual orientation, religion, or heritage;
N. Taking any action or uploading, posting, transmitting, promoting, or distributing any personal information of you or any person in the real world;
O. Impersonating any person or entity (including but not limited to ZeniMax, its partners or subsidiaries' employees), or making false statements about your relationship with a person or entity or otherwise distorting such relationships;
P. Taking any action, organizing, promoting, or participating in any activity, group, or association that involves any of the following: harmful, inappropriate, abusive, hateful (including "hate speech"), racist, ethnic, religious, or other offensive, obscene, threatening, bullying, crude, nude, defamatory, slanderous, invasion of privacy, or copyright infringement, or that encourages violation of laws or conduct that.
4. Ownership of the Game. ZeniMax and its licensors are now and will continue to be the owners of all rights, ownership, and interests in the game and services, including but not limited to all intellectual and spiritual rights to the game and all its copies (including but not limited to any titles, software programs and codes, game-related themes, characters, character names, character portraits, stories, dialogues, catchphrases, locations, concepts, works, character lists, structures in the game, landscapes and other designs, animations, sounds, musical works and recordings, audio-visual effects, storylines, methods of operation, and any related documents). You shall not take any action that violates these property rights or ownership. The game is protected by U.S. copyright law, international treaties and conventions, and other laws. The game may contain materials licensed by third parties, and the licensors of these materials can enforce their rights in the event of any violation of this agreement. You understand and agree that you have no monetary or other rights to any features or content contained in the game. This clause will continue to be effective after the termination of this agreement.
5. Collection and Use of Data You acknowledge that you have read and understood ZeniMax's Privacy Policy [https://bethesda.net/zh-CN/document/privacy-policy], which explains how we collect, use, and disclose data related to you (including personal data). In particular, ZeniMax will use your data (including personal data) for the following purposes: operating services; promoting product support, development, and improvement; providing a customized and personalized experience; understanding the ZeniMax products you are using and providing you with other services. You further acknowledge that you have read and understood our Cookie Policy [http://bethesda.net/zh-CN/document/cookie-policy], and you also agree that we can use cookies, web beacons, and other analytical technologies (including technologies provided by third parties, collectively referred to as "Cookies") to collect, use, store, and transmit technical and other information about your mobile device or other devices (including MAC addresses, unique device IDs or other identifiers, UDID, XUID and/or PUID), Game Center IDs, Game Center names, IP addresses, geographic locations, device brands and models, operating systems, software and applications, gameplay/data usage, third-party account authorization data, session data, browser identifiers, connection types, and carrier information. You agree to our use of the Cookies described here, and our Cookie Policy contains more detailed information about your options regarding our use of Cookies.
You also acknowledge and understand that ZeniMax can provide games and conduct business in many countries. Therefore, personal information collected from you through the game or otherwise, or submitted by you, may be transmitted to and stored on servers and devices located outside your country of residence. The servers and devices that store and process your data may be owned and operated by third parties, and ZeniMax has entered into contracts with these third parties on how to receive, store, and process your personal information. ZeniMax and its designated third parties may further transmit, store, and process your personal information on servers and devices located in other countries. You should be aware that the data protection laws of other countries may differ from those of your country of residence. This Section 5 shall continue to be effective after the termination of this Agreement.
6. Monitoring and Updates. If you request ZeniMax to provide any technical support, ZeniMax may remotely access and inspect your computer loaded with the game client, with your consent, to provide technical support and debugging. As further described in the ZeniMax Terms of Service, ZeniMax can remotely update the game (including but not limited to the game client residing on your computer), and you hereby agree to ZeniMax deploying and applying such updates.
You understand and agree that (a) any and all game-related character data is stored and resides on ZeniMax computers and servers; and (b) any and all communications you make in the game (including but not limited to messages intended for other players or another group of players) are transmitted through ZeniMax computers and servers and may or may not be monitored by ZeniMax or ZeniMax's agents. You expressly consent to such monitoring of the communications you send and receive. The ZeniMax Terms of Service and ZeniMax Privacy Policy include other terms and conditions applicable to the access, monitoring, and recording of service-related activities and communications, including but not limited to the circumstances under which ZeniMax may report incidents to law enforcement agencies and other authorities. All personal data collected and processed by ZeniMax for the activities listed in this Section 6 will be collected and processed in accordance with the ZeniMax Privacy Policy [https://bethesda.net/#/privacypolicy] and the terms of this Agreement.
7. Termination. This End User License Agreement takes effect from the time you accept this End User License Agreement and will always be valid before the agreement is terminated. You can terminate this End User License Agreement at any time by: (i) permanently destroying all copies of the game you own or control; and (ii) deleting the game client from your hard drive. In compliance with legal obligations (defined in ZeniMax Terms of Service Article 1), ZeniMax can terminate this End User License Agreement at any time for any reason or without reason (including at the time ZeniMax chooses to stop providing the game). If ZeniMax terminates this agreement for any reason, all licenses granted under this End User License Agreement related to the game contained in this End User License Agreement (including ZeniMax Terms of Service) should be terminated immediately, and you must immediately perform the above (i) and (ii). ZeniMax will send you a notice when terminating the agreement without reason.
8. Export restrictions. The game may not be exported, re-exported, downloaded, or otherwise transmitted (collectively referred to as "export") to the following parties: (i) any country that requires an export license or is prohibited from exporting by the US government, including any such country subject to economic sanctions; or (ii) any individual or entity that is prohibited from receiving goods or services from the United States. You declare and guarantee that your location is not in any such country or list, is not controlled by such country or list, and is not a national or resident listed in such country or list. This Article 8 will continue to be effective after the termination of this agreement.
9. Warranty. If you are the initial purchaser of the game purchased through physical media (such as a disc), you have a limited warranty included with the manual or other packaging materials provided with the purchase during the use of the game. The ZeniMax Terms of Service contain provisions on disclaimers of statements, warranties, and guarantees (subject to legal obligations (defined in ZeniMax Terms of Service Article 1)), and are hereby incorporated into this End User License Agreement by reference to such provisions and constitute part of this End User License Agreement as if such provisions have been fully restated in this End User License Agreement. This Article 9 will continue to be effective after the termination of this agreement. For software that is allowed to be used on the Internet or through the Internet, you acknowledge that ZeniMax is not responsible for the Internet, whether the Internet should continue to exist in its current form, or whether foreign or domestic governments or government agencies will control, regulate, or prohibit the Internet. The related risks of using the Internet are borne by you.
10. Limitation of liability, compensation. To the maximum extent permitted by applicable law and in compliance with legal obligations (defined in the Terms of Service Article 1), ZeniMax or any licensor is not responsible for the following losses: (I) special, incidental, consequential, punitive, disciplinary or other indirect damages; (II) third-party claims; or (III) any loss or damage to any system, hardware or software, records or data, even if it has been informed or aware of the possibility of any such loss or damage, and the limited remedies of this agreement have failed to achieve their basic purpose. Some jurisdictions do not allow the imposition of liability limits or exclusions of liability. Therefore, the above part may not apply to you. The ZeniMax Terms of Service contain other provisions on liability limitations and remedies (subject to legal obligations (defined in ZeniMax Terms of Service Article 1)), and are hereby incorporated into this End User License Agreement by reference to such provisions and constitute part of this End User License Agreement as if such provisions have been fully restated in this End User License Agreement. If (i) you abuse the game service or violate this agreement, or (ii) any investment, action or inaction you make due to the use of the game service causes ZeniMax to bear any liability, damage compensation, loss, cost and expense (including but not limited to attorney fees and litigation costs), you agree to reimburse ZeniMax and its subsidiaries and other participants of the service for all such liabilities, damage compensation, losses, costs and expenses. If a third party sues ZeniMax for any of the above (i) or (ii), ZeniMax reserves the right to control the defense and settlement of such third-party lawsuits, and you agree to reimburse ZeniMax for defense costs, including but not limited to reasonable attorney fees that can be proven by documents. This Article 10 will continue to be effective after the termination of this agreement.
11. Changes to the Agreement. As the game and laws evolve, ZeniMax may replace this End User License Agreement with a new version (each a "New EULA"). This End User License Agreement will terminate immediately upon the adoption of a New EULA, and you will have the opportunity to review the New EULA in accordance with the change provisions listed in the ZeniMax Terms of Service. The New EULA will not retroactively apply to previous versions. Your continued use of the software and playing of the game after changes to the EULA will be considered as your acceptance of all terms as modified.
12. U.S. Government Restricted Rights. The game is a commercial item fully funded by private sources, including "commercial computer software" and "commercial computer software documentation," as those terms are defined in applicable procurement regulations, including but not limited to the Federal Acquisition Regulation ("FAR") at 48 C.F.R.2.101. As described in 48 C.F.R.12.212 (Computer Software) and 12.211 (Technical Data) (for civilian entities), 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4, the game has been licensed to U.S. government end users under the terms of this agreement in accordance with 48 C.F.R. 227.7202 (for Department of Defense entities). In terms of the rights of the U.S. government in the game, this U.S. government license term supersedes or replaces any other FAR, DFARS, or other term or provision of the contract under which this game was obtained. The manufacturer of the game is ZeniMax.
13. Governing Law. For residents of North America, this agreement and all disputes (as defined in the Dispute Provisions) shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules and principles that would result in the application of the laws of another state or country to this agreement or any dispute, and without regard to the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Computer Information Transactions Act ("UCITA"), and any laws based on UCITA. For clarity, the terms contained in this paragraph shall supersede any conflicting terms in the ZeniMax Terms of Service, including but not limited to any terms that would result in the application of the laws of another country to this agreement or any dispute. If you reside outside of North America, then this agreement and all disputes shall be governed by English law, without regard to its conflict of laws rules and principles that would result in the application of the laws of another country to this agreement or any dispute, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. However, local mandatory laws may apply. Notwithstanding the Dispute Provisions, you agree that ZeniMax has the right to seek injunctive relief, specific performance, and equitable relief for violations of Sections 1 or 3 of this agreement, as well as any other remedies ZeniMax may have under applicable law. This Section 13 will continue to be effective after the termination of this agreement.
14. Miscellaneous. This End User License Agreement, together with the ZeniMax Terms of Service, ZeniMax Privacy Policy, and ZeniMax Code of Conduct, constitutes and contains the entire agreement between you and ZeniMax with respect to the subject matter of this agreement, and supersedes any prior oral or written agreements. This End User License Agreement is intended to coexist with, and not to replace, the ZeniMax Terms of Service or ZeniMax Privacy Policy. If the provisions of this End User License Agreement conflict with the provisions of the ZeniMax Terms of Service, the conflicting provisions of this End User License Agreement shall control and be binding, unless otherwise expressly provided in this agreement. Except as specifically provided in the Dispute Provisions, if any part of this agreement is found to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts of this agreement shall remain in full force and effect. ZeniMax's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this agreement must be in writing and signed by ZeniMax. You agree that this agreement and ZeniMax's enforcement of this agreement are not intended to confer, and do not confer, any rights or remedies upon any person other than you and ZeniMax. This Section 14 will continue to be effective after the termination of this agreement for any reason. I hereby acknowledge that I have read and understand all of the terms and conditions of this agreement, and I agree that by clicking "I Agree," installing the game client, or otherwise playing the game, I am agreeing to be bound by all of the terms and conditions of this agreement, including my express agreement to ZeniMax's use of the anti-cheat tools described in this agreement.