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