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END USER LICENSE AGREEMENT AND LIMITED WARRANTY
FORGOTTON ANNE (PC/MOBILE)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product you agree to be bound by the terms of this EULA and we are only prepared to licence you to use the Software Product on the terms of this EULA. Before installing this Software Product please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 9 BELOW; AND
- 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.
(i) PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
(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.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software Product or our website at http://support.eu.square-enix.com/index.php where you will find the telephone number for the relevant telephone helpdesk. Any telephone charges will be payable by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period of time
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATIONS:
Where a CD key, activation key or registration code (“CD Key”) is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys and codes cannot be replaced and no refunds or replacement copies of the Software Product will be provided. Where you wish to transfer the Software Product in accordance with paragraphs 2(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 Square Enix Limited Company No. 01804186 of 240 Blackfriars Road, London SE1 8NW, United Kingdom ("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 licence agreement, any updates or patches to the original game software which are provided to you or which you may download from any SEL web site or other source authorised by SEL expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such on-line mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM™ software. 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 SEL and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and (c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate, additional license from Square Enix, to use the Software Product or permit the use of the Software Product, on more than one personal computer, CPU, game console, handheld device, tablet, mobile phone or other wireless device, “smart phone” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the 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 and Wireless Features and Functionality
This Software Product may allow services operated by SEL and/or its affiliates or third parties authorised 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.
The Software Product may offer features and services that are available to you if you have a wireless device. These features and services may include the ability to access certain Software Product features and to upload content to the Software Product, to receive Software Product-related messages, and to download applications to your wireless device (collectively, “Wireless Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. You should check with your carrier to find out what plans are available and how much they cost.
You agree that, as to the Wireless Features for which you are registered, we or our affiliates may send communications to your wireless device regarding us or other parties. Further, we or our affiliates may collect information relating to your use of the Wireless Features. If you have registered via the Software Product for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and to update your Software Product user account to reflect the changes.
If you have enabled GPS or location-based features on your wireless device in relation to the Software Product, you acknowledge that your wireless device location may be tracked and may be shared with others in accordance with SEL’s Privacy Policy referred to in Paragraph 5 below. Some of our services may allow you to disable location-based features or to manage preferences in relation to them. You can, however, terminate device location tracking by us by uninstalling the application or for other services by discontinuing access to the services. The location-based services offered in connection with our services are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, injury or damage to persons or property. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use: other products exist today that may be used specifically for these purposes.
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, videogame consoles, tablets or mobile phones) and internet/wireless access necessary to play the game via the Software Product and or access any Online and/or Wireless Features, and for ensuring such equipment and services are compatible with all requirements of the Software Product. Please note carefully any device and system specifications notified to you at the point of purchase.
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 or wirelessly (where the Software Product contains Online and/or Wireless Features) but also to help us better understand how our customers are using the Software Product, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent. 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 and Cookies Policy applicable to your region, which are located at http://eu.square-enix.com/en/documents/privacy and http://eu.square-enix.com/en/documents/cookies respectively. By clicking the Accept button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time.
In the event of any conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. In-Game Advertising
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, all rights licensed to you under this EULA shall cease and you must immediately uninstall, delete and/or destroy all copies of the Software Product and all of its component parts (including any Software Product stored on the hard disk of any computer) in your possession, custody or control. 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. Remedies. 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 EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND/OR THE GAME DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT 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 OR HARDWARE. PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT SYSTEMS, VEHICLE CONTROL SYSTEMS, MEDICAL FACILITIES OR EMERGENCY SERVICES OR IN ANY OTHER CONTEXT WHERE ACTS OR OMISSIONS COULD LEAD TO DEATH, INJURY OR DAMAGE TO PERSONS AND/OR PROPERTY.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA, 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. NONE OF THE SQUARE ENIX PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT OR AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL. ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY ON OR VIA USE OF THE GAME (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9.5 Nothing in this EULA shall limit or exclude any SEL Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
9.6 Further, some states or 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
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “SEL Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another user..
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 authorised 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 authorised 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 communicate such changes to you via and digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
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.
Last updated 7 March 2018
SUPPLEMENTAL END USER LICENSE AGREEMENT AND LIMITED WARRANTY
FORGOTTON ANNE PC INSTALLER AND ASSOCIATED PLUG-INS
In order to play this Software Product it is necessary to download and install a software installer program and certain third party plugins (collectively referred to as the “Installer Software”). This Installer 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 licences therein stated, the Installer 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 Installer 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 authorised by SEL, expressly for such purpose.
1. Grant of Limited Non-Exclusive Licence
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 licence 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 Installer 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 Installer 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 Installer Software and the Software Product you may have made to that person or destroy all copies of the Installer 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 Installer Software and the Software Product from your hard drive and the licence granted to you under this EULA shall automatically and immediately terminate.
In all other respects, the Installer 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 ‘Installer Software’.
2. Plugin Licenses
The Installer Software incorporates certain third party plug-ins, which are governed by the open source licenses and other provisions ascribed to them. A full list of the third party plug-ins used by the Installer Software can be found here: http://eu.square-enix.com/en/documents/SteamPluginDisclosureForgottonAnne
FORGOTTON ANNE (PC/MOBILE)
IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this Software Product. By installing, copying, and/or otherwise using the Software Product you agree to be bound by the terms of this EULA and we are only prepared to licence you to use the Software Product on the terms of this EULA. Before installing this Software Product please make sure that your computer meets the minimum technical specifications for the proper operation of this Software Product.
YOUR PARTICULAR ATTENTION IS DRAWN TO:
- THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 9 BELOW; AND
- 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.
(i) PURCHASE OF SOFTWARE PRODUCT BY DOWNLOAD
IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR HARD DRIVE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR HARD DRIVE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE SOFTWARE PRODUCT.
(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.
Technical Support:
If you require technical assistance, please refer to the manual accompanying the Software Product or our website at http://support.eu.square-enix.com/index.php where you will find the telephone number for the relevant telephone helpdesk. Any telephone charges will be payable by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period of time
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATIONS:
Where a CD key, activation key or registration code (“CD Key”) is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or registration code secure. Lost, stolen or damaged CD keys and codes cannot be replaced and no refunds or replacement copies of the Software Product will be provided. Where you wish to transfer the Software Product in accordance with paragraphs 2(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 Square Enix Limited Company No. 01804186 of 240 Blackfriars Road, London SE1 8NW, United Kingdom ("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 licence agreement, any updates or patches to the original game software which are provided to you or which you may download from any SEL web site or other source authorised by SEL expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software (subject to any additional terms of use applicable to such on-line mode). The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product including without limitation any STEAM™ software. 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 SEL and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
In some cases, your rights to use the Software Product may be subject to a limitation on the number of activations or registrations of the Software Product as advised at the time of sale or on the packaging for the Software Product. In such a case, your ability to transfer the Software Product in the manner permitted in paragraphs 2.1(b) and (c) above may not be possible where the maximum number of activations of the Software Product as are permitted has been reached.
3. Restrictions
You are not permitted:
(a) to make any commercial use or exploitation of the Software Product in any manner whatsoever;
(b) install or use the Software Product on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) on that network or to effect such distribution or otherwise make a copy of the Software Product available in any manner or via any media where it could be used by multiple users;
(c) without a separate, additional license from Square Enix, to use the Software Product or permit the use of the Software Product, on more than one personal computer, CPU, game console, handheld device, tablet, mobile phone or other wireless device, “smart phone” or PDA at the same time;
(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way;
(e) except as the applicable law expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the 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 and Wireless Features and Functionality
This Software Product may allow services operated by SEL and/or its affiliates or third parties authorised 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.
The Software Product may offer features and services that are available to you if you have a wireless device. These features and services may include the ability to access certain Software Product features and to upload content to the Software Product, to receive Software Product-related messages, and to download applications to your wireless device (collectively, “Wireless Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. You should check with your carrier to find out what plans are available and how much they cost.
You agree that, as to the Wireless Features for which you are registered, we or our affiliates may send communications to your wireless device regarding us or other parties. Further, we or our affiliates may collect information relating to your use of the Wireless Features. If you have registered via the Software Product for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and to update your Software Product user account to reflect the changes.
If you have enabled GPS or location-based features on your wireless device in relation to the Software Product, you acknowledge that your wireless device location may be tracked and may be shared with others in accordance with SEL’s Privacy Policy referred to in Paragraph 5 below. Some of our services may allow you to disable location-based features or to manage preferences in relation to them. You can, however, terminate device location tracking by us by uninstalling the application or for other services by discontinuing access to the services. The location-based services offered in connection with our services are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, injury or damage to persons or property. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use: other products exist today that may be used specifically for these purposes.
You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, videogame consoles, tablets or mobile phones) and internet/wireless access necessary to play the game via the Software Product and or access any Online and/or Wireless Features, and for ensuring such equipment and services are compatible with all requirements of the Software Product. Please note carefully any device and system specifications notified to you at the point of purchase.
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 or wirelessly (where the Software Product contains Online and/or Wireless Features) but also to help us better understand how our customers are using the Software Product, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your separate consent. 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 and Cookies Policy applicable to your region, which are located at http://eu.square-enix.com/en/documents/privacy and http://eu.square-enix.com/en/documents/cookies respectively. By clicking the Accept button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time.
In the event of any conflict between any provision of the Privacy Policy and this Paragraph 5, the Privacy Policy shall prevail.
6. In-Game Advertising
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, all rights licensed to you under this EULA shall cease and you must immediately uninstall, delete and/or destroy all copies of the Software Product and all of its component parts (including any Software Product stored on the hard disk of any computer) in your possession, custody or control. 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. Remedies. 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 EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND/OR THE GAME DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT 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 OR HARDWARE. PLEASE REFER TO THE SOFTWARE PRODUCT PACKAGING OR WEBSITE OR MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT SYSTEMS, VEHICLE CONTROL SYSTEMS, MEDICAL FACILITIES OR EMERGENCY SERVICES OR IN ANY OTHER CONTEXT WHERE ACTS OR OMISSIONS COULD LEAD TO DEATH, INJURY OR DAMAGE TO PERSONS AND/OR PROPERTY.
9.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SEL PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA, 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. NONE OF THE SQUARE ENIX PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE SOFTWARE PRODUCT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT OR AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL. ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY ON OR VIA USE OF THE GAME (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT (WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9.5 Nothing in this EULA shall limit or exclude any SEL Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
9.6 Further, some states or 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
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “SEL Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Software Product, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the Software Product and/or your violation of any rights of another user..
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 authorised 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 authorised 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 communicate such changes to you via and digital rights management system used to protect the content of the Software Product such as, where applicable, the STEAM™ service where STEAM™ software is used for such purpose. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the Software Product or your continued use of the Product Software following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.
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.
Last updated 7 March 2018
SUPPLEMENTAL END USER LICENSE AGREEMENT AND LIMITED WARRANTY
FORGOTTON ANNE PC INSTALLER AND ASSOCIATED PLUG-INS
In order to play this Software Product it is necessary to download and install a software installer program and certain third party plugins (collectively referred to as the “Installer Software”). This Installer 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 licences therein stated, the Installer 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 Installer 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 authorised by SEL, expressly for such purpose.
1. Grant of Limited Non-Exclusive Licence
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 licence 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 Installer 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 Installer 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 Installer Software and the Software Product you may have made to that person or destroy all copies of the Installer 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 Installer Software and the Software Product from your hard drive and the licence granted to you under this EULA shall automatically and immediately terminate.
In all other respects, the Installer 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 ‘Installer Software’.
2. Plugin Licenses
The Installer Software incorporates certain third party plug-ins, which are governed by the open source licenses and other provisions ascribed to them. A full list of the third party plug-ins used by the Installer Software can be found here: http://eu.square-enix.com/en/documents/SteamPluginDisclosureForgottonAnne