98 lines
5.8 KiB
Plaintext
98 lines
5.8 KiB
Plaintext
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========================================
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== GOG.com End-User License Agreement ==
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========================================
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READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING
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THE PROGRAM. This end user license agreement (this “Agreement”) is
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a legal agreement between you (an individual or a single entity “You”)
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and GOG.com or GOG Limited (“Company”) for the accompanying software
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product which includes computer software and any associated media,
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printed materials, and/or “online” or electronic documentation
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(collectively, the “Program”). By installing, copying, or otherwise
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using the Program, you acknowledge that you have read this Agreement
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and agree to be bound by the terms. If you do not accept or agree to
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the terms of this Agreement, do not install or use the Program.
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1.License. Company grants you a non-exclusive, non-transferable license
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to use the Program, but retains all property rights in the Program and
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all copies thereof. This Program is licensed, not sold, for your
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personal, non-commercial use. Your license confers no title or ownership
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in this Program and should not be construed as any sale of any rights in
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this Program. You may not transfer, distribute, rent, sub-license, or
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lease the Program or documentation, except as provided herein; alter,
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modify, or adapt the Program or documentation, or portions thereof
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including, but not limited to, translation, decompiling or disassembling.
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You agree not to modify or attempt to reverse engineer, decompile, or
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disassemble the Program, except and only to the extent that such
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activity is expressly permitted under applicable law notwithstanding
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this limitation. All rights not expressly granted under this Agreement
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are reserved by Company.
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2.No Warranty. You are responsible for assessing your own computer and
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the results to be obtained therefrom. You expressly agree that use of
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the Program is at your sole risk. The Program is provided on an “as is,”
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“as available” basis, unless such warranties are legally incapable of
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exclusion. Company and its licensors disclaim all warranties and
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conditions, whether oral or written, express, or implied, including
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without limitation any implied warranties or conditions of merchantability,
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fitness for a particular purpose, non-infringement of third party rights,
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and those arising from a course of dealing or usage of trade, regarding
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the Program. Company and its licensors assume no responsibility for any
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damages suffered by you, including, but not limited to, loss of data,
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items or other materials from errors or other malfunctions caused by
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Company, its licensors, licensee and/or subcontractors, or by your or
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any other participant’s own errors and/or omissions. Company and its
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licensors make no warranty with respect to any related software or
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hardware used or provided by Company in connection with the Program except
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as expressly set forth above.
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3.Limitation of Liability. You acknowledge and agree that Company and
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its licensors shall not assume or have any liability for any action by
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Company or its content providers, other participants, or other licensors
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with respect to conduct, communication, or content of the Program.
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Company and its licensors shall not be liable for any indirect, incidental,
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special, punitive, exemplary, or consequential damages resulting hereunder
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in any manner, even if advised of the possibility of such damages.
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Except as expressly provided herein, Company’s and its licensors’ entire
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liability to you and your exclusive remedy for any breach of this Agreement
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is limited solely to the total amount paid by you for the Program,
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if any. Because some states do not allow the exclusion or limitation
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of liability for certain damages, in such states Company’s and its
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licensors’ liability is limited to the extent permitted by law.
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4.Indemnity. At Company’s request, you agree to defend, indemnify and
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hold harmless Company, its affiliates and licensors from all damages,
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losses, liabilities, claims and expenses, including attorneys’ fees,
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arising directly or indirectly from your acts and omissions to act in
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using the Program pursuant to the terms of this Agreement or any breach
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of this Agreement by you.
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5.Termination. Without prejudice to any other rights of Company, this
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Agreement and your right to use the Program may automatically terminate
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without notice from Company if you fail to comply with any provision
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of this Agreement or any terms and conditions associated with the
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Program. In such event, you must destroy all copies of this Program
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and all of its component parts.
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6.Injunction. Because Company would be irreparably damaged if the terms
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of this Agreement were not specifically enforced, you agree that Company
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shall be entitled, without bond, other security or proof of damages, to
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appropriate equitable remedies with respect to breaches of this Agreement,
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in addition to such other remedies as Company may otherwise have under
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applicable laws.
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7.General Provisions. Company’s failure to enforce at any time any of
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the provisions of this Agreement shall in no way be construed to be a
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present or future waiver of such provisions, nor in any way affect the
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right of any party to enforce each and every such provision thereafter.
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The express waiver by Company of any provision, condition or requirement
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of this Agreement shall not constitute a waiver of any future obligation
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to comply with such provision, condition or requirement. This Agreement
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shall be governed by the laws of the State of California and the United
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States without regard to its conflicts of laws rules and you consent to
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the exclusive jurisdiction of the courts in Los Angeles County,
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California. The United Nations Convention on Contracts for the
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International Sale of Goods shall not apply to this Agreement.
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This Agreement represents the complete agreement concerning this License
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Agreement between you and Company.
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