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| == GOG.com End-User License Agreement == |
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| |
| 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. |