diff options
author | James Le Cuirot <chewi@gentoo.org> | 2020-02-15 22:36:08 +0000 |
---|---|---|
committer | James Le Cuirot <chewi@gentoo.org> | 2020-02-15 22:37:35 +0000 |
commit | 61886e7fbfed7ce0e3fe1ba7c04db67d3ff2eef1 (patch) | |
tree | efd115399d88928ed9094ebd2483252902f50c39 /licenses | |
parent | net-misc/openssh-8.2_p1: Version bump (diff) | |
download | gentoo-61886e7fbfed7ce0e3fe1ba7c04db67d3ff2eef1.tar.gz gentoo-61886e7fbfed7ce0e3fe1ba7c04db67d3ff2eef1.tar.bz2 gentoo-61886e7fbfed7ce0e3fe1ba7c04db67d3ff2eef1.zip |
licenses: Update the GOG EULA to the current version
Of course, EULAs only ever get longer!
Signed-off-by: James Le Cuirot <chewi@gentoo.org>
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/GOG-EULA | 688 |
1 files changed, 591 insertions, 97 deletions
diff --git a/licenses/GOG-EULA b/licenses/GOG-EULA index 434ff2b78f61..6696edf0265e 100644 --- a/licenses/GOG-EULA +++ b/licenses/GOG-EULA @@ -1,97 +1,591 @@ -======================================== -== 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. +## GOG.com User Agreement + +### 1\. ABOUT THIS AGREEMENT + +1.1 This Agreement is a contract between you and GOG sp. z o.o., ul. +Jagiellonska 74, 03-301 Warsaw, Poland (we will further call ourselves "GOG") +and applies to www.GOG.com, your GOG user account, the GOG Downloader, GOG +Galaxy, any games or videos or other content which you purchase or access via +us, the GOG web forums, GOG customer and technical support and other services +we provide to you (we'll just call all this "GOG services" for short). + +1.2 Also, when we're talking about games, in-game content, virtual items or +currency or GOG videos or other content which you can purchase or access via +GOG services, we’ll just call them "GOG games" or "GOG videos" respectively +and when we talk about them all together they are "GOG content". Simple, eh? +Oh, and one more thing – what we say in this Agreement covers our Privacy +Policy too (you can read it +[here](https://support.gog.com/hc/articles/212632109-Privacy-Policy)), so the +Privacy Policy is part of this Agreement. + +1.3 GOG works with trusted partners, including our related company CD PROJEKT +S.A., developers and publishers, payment providers, customer service software +providers and others („Partners") – more on them later in this Agreement. + +1.4 If you're over 18, then welcome to GOG.com! If you're between 13 and 18 +(or whatever is the age of adulthood in your country), before we extend an +equally warm welcome, please ask your parent or guardian to review and approve +this Agreement on your behalf (because in some countries people under a +certain age cannot legally enter into contracts like this Agreement). Legally, +children below 13 cannot have a GOG account (but their parents/guardians are +welcome to sign up themselves). + +### 2\. USING GOG.COM AND GOG CONTENT + +2.1 We give you and other GOG users the personal right (known legally as a +'licence') to use GOG services and to download and/or stream (depending on the +content) and use GOG content. This licence is for your personal use. We can +stop or suspend this licence in some situations, which are explained later on. + +2.2 When you buy or install GOG games, you might have to agree to additional +contract terms with the developer/publisher of the game (e.g. they might ask +you to agree to a game specific End User Licence Agreement). If there is any +inconsistency or dispute between those ‘EULAs’ and this Agreement, then this +Agreement wins. + +2.3 With GOG videos, you can also stream purchased video content or download +it to watch the way you want. + +2.4 Using certain third party scripts is recommended for your full use of +GOG.com functionality and, although that usage is optional, we cannot promise +full service performance without them. + +2.5 A quick word about GOG Galaxy, which is our (optional) online service +which not only allows you to buy and access GOG content but also provides +online multiplayer and other cool game features like achievements, chat and +game-time tracking. You can learn more about it +[here](https://www.gog.com/galaxy). + +### 3\. GOG ACCOUNTS + +3.1 To buy GOG content from GOG services, and in some cases to play/use GOG +content where our partners require use of a GOG account, you will need to set +up a GOG account. This will involve creating a password (which is encrypted so +we can’t access it) and a username, plus giving us (for identification +purposes) your email address. Please make sure your login credentials are kept +secure and your account is used properly. In your GOG Account settings you can +also optionally set your country of residence, birthday and avatar. Our +Privacy Policy gives more detail about the information we collect from you and +how we use it and protect it. It's at [Privacy +Policy](https://support.gog.com/hc/articles/212632109-Privacy-Policy). + +3.2 You can use your GOG account to set up a public profile accessible by +other people. You can also use your GOG account to connect with other GOG +users. Please act sensibly and remember you are responsible for your own +actions + +3.3 Your GOG account and GOG content are personal to you and cannot be shared +with, sold, gifted or transferred to anyone else. Your access to and use of +them is subject to GOG’s rules which are set out +[here](https://support.gog.com/hc/sections/202834565-FAQ-What-is-GOG-com-), as +updated or amended when necessary. + +### 4\. SYSTEM REQUIREMENTS + +4.1 Because GOG.com gives you access to many different games created at +different times, we cannot give you one set of system requirements for all GOG +services or GOG content. + +4.2 What we can tell you is that using any GOG game will require an +appropriate operating system (please refer to the relevant GOG product page) +with all service packs and important updates installed on it. All GOG games +should be natively installed on a computer that meets or exceeds the minimum +hardware and software specifications shown on the GOG product page. GOG games +are not tested on virtual machine software and therefore we do not support +playing through them. + +4.3 For GOG videos, please make sure your video player supports the videos’ +format specified in the GOG product page. + +4.4 If you have questions about system requirements, please contact us at +[here](https://support.gog.com/hc/requests/new?category=info). Just so we're +clear, you are responsible for making sure you have sufficient Internet access +to download purchased GOG games or GOG videos from us or to stream GOG videos +and that your system can play GOG games and watch GOG videos. + +### 5\. BETAS + +5.1 As GOG.com develops, we may offer you optional access to 'beta' versions +of GOG software or services (e.g. new versions of the GOG Galaxy client made +available prior to its general release) or GOG content (more on that later) + +Here are the rules: + + * a) We (or any applicable publisher/partner) will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion. + * b) You may be required to go through a registration process or other requirements to access the beta (and this may include you meeting eligibility criteria). + * c) Betas will be time-limited and there may be extra contract requirements. + * d) The beta may involve temporary or permanent server/progress/content wipes, resets or amendments. + * e) The beta may be subject to confidentiality restrictions (which will be notified to you in advance if so). + * f) You may be invited to participate in a feedback process regarding the beta – this is totally optional but would be really valued. + * g) The beta is for your use and enjoyment, so you must not sell, loan or otherwise transfer it to anyone else. + * h) The point of you getting beta access is to allow you to try something new, but we would expect you to recognise that it will not be complete yet. Therefore betas will be provided 'as is' without any additional promises from us or any liability on us if it is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and there may be feature changes, modifications or removals during the beta. + +We may provide access to GOG content in beta/pre-release form. For example, a +publisher/partner may decide to release a game or a part of it in beta, or may +join our ‘Games in Development’ program (see section 7.5-7.7. below). Any such +GOG content will also be governed by these rules unless the relevant publisher +specififes its own rules (which will prevail over these rules). + +### 6\. PAYING FOR GOG CONTENT AND GETTING REFUNDS + +**Paying for GOG content** + +6.1 Surprise surprise, after you decide that you like a GOG game, GOG video or +other GOG content, you usually will need to pay for it before you can access +it (though we do have some free content too!) You can pay in different ways: +(i) using a valid debit or credit card; or (ii) using PayPal or any other +authorised payment providers. Keep your payment details secure. + +6.2 When you use a payment method to buy GOG content, we're relying on your +promise that you're able to use that method. You are responsible for any +purchases made using your GOG account or payment method and you agree to the +pricing, payment and billing policies applicable to them, as notified to you +at the time of purchase. All payments are non-refundable and non-transferable +except as expressly provided in this Agreement. Kids – your parent or guardian +needs to approve any purchase you make. + +6.3 You can always pay for GOG content in US Dollars. However if you happen to +live in countries where your local currency is supported (see our Support +section [here](https://support.gog.com/hc/sections/202834625-FAQ-Payments- +pricing-and-promos) for details), you will be able to pay in your local +currency. You might have to pay a currency conversion charge if you are not +paying in your home currency and some banks might also add other kinds of +transaction fees. + +6.4. All prices are visible in the product catalogue page. They’re inclusive +of legally applicable sales taxes/VAT. + +**GOG Wallet** + +6.5 GOG offers users a digital account balance called the "GOG Wallet" in +connection with your user account, which you can use to make purchases of GOG +content. Funds can be added to it in two ways: (i) using your chosen payment +method; or (ii) by us as part of our ‘Free Wallet’ program (see below). The +GOG Wallet is made available subject to rules which are set out on our GOG +Wallet page [here](https://support.gog.com/hc/sections/202834605-FAQ-GOG- +Wallet). + +**Free Wallet and Bonus Codes** + +6.6 In some situations we may be able to offer you a credit to your GOG +account which you can redeem against GOG purchases (we’ll call this "Free +Wallet"). For example, as we explain in section 6.9 we may offer GOG Wallet +funds in connection with our Fair Pricing policy in some situations. We may +also issue time-limited bonus codes which give you free or reduced price +access to GOG content (we’ll call them "Bonus Codes"). + +6.7 If you receive Free Wallet or Bonus Codes when you buy GOG content but +later decide to return that GOG content, then we think it’s fair for you to +return the Free Wallet or Bonus Codes too. Therefore, we will: (i) remove from +your GOG account any unused Free Wallet which you received because of that GOG +content; (ii) if you have used any of that Free Wallet to purchase other GOG +content, then we will deduct the amount of that used Free Wallet from your +refund; and (iii) for Bonus Codes, we will terminate it or, if it has been +redeemed for a GOG game, that game will be removed from your account. + +6.8 Free Wallet and Bonus Codes are subject to our GOG Wallet rules (see +section 6.5 above). Free Wallet is valid for one year unless it is mixed with +any GOG Wallet funds obtained with real money, in which case the total balance +will not have any expiry date until that total balance is reduced to zero (at +which point the process resets again). + +**Fair Pricing** + +6.9. We stand by the simple truth that $1 does not equal 1€ - we are trying to +apply fair conversion rates. In a perfect world we would apply the same method +of pricing to all of the games we offer. However, things are a little bit more +complicated, and there are some games in our catalogue that follow a different +region-based pricing scheme. However, we wouldn't be GOG.com if we didn't find +a way to make it right by the users who end up paying relatively more for such +titles. Here's where the Fair Price Package comes in! + +6.10. The Fair Price Package applies to all of the titles which we couldn't +include in our standard pricing scheme. If you end up paying more for a game +in your local currency than its US price, we'll refund you the difference out +of our own pocket. The refunded value will be added to your GOG Wallet in the +currency of your purchase. You'll be getting GOG Wallet funds that you can use +to purchase anything on GOG.com or partially pay for an item that's more +expensive. GOG Wallet funds will be credited to your GOG account in the +currency in which you bought the relevant GOG content (e.g. if you bought a +game in US Dollars, any GOG Wallet funds regarding it will be in US Dollars). +These GOG wallet funds will be subject to our ‘Free Wallet’ special rule on +duration (see section 6.7). + +6.11. Please treat this system sensibly and don't exploit it (for example by +using VPNs or other methods to manipulate how your location appears) – that's +not cool. + +### 7\. REFUNDS AND RETURNS + +**Statutory refund rights** + +7.1. If you are a resident of the European Union or other applicable +jurisdictions (excluding the USA), then you have the statutory right to +withdraw from a purchase of GOG content within 14 days of your purchase, +without giving a reason. However, this does not apply where you have expressly +consented to the performance of the GOG content (which is digital content) +beginning immediately upon conclusion of the purchase process and have +acknowledged the loss of your withdrawal rights. + +7.2. Neither this nor any other part of this User Agreement affects your +statutory rights. + +**Our Voluntary Returns Guarantee** + +7.3. We understand that sometimes a purchase doesn't turn out how you expected +and we want to be fair to GOG users. So here's our deal with you: + + * a) **Preorders Refund:** if you preorder and pay for a GOG game, you can cancel the preorder and get a full refund as long as we receive a valid request before the game's full release date on GOG.com. + * b) **Early Exchange:** you can exchange validly purchased GOG content for a replacement GOG game or video of equal or lower value if your request is made within 30 days of the original purchase, provided the original GOG content has not been downloaded, used or streamed. (For GOG content purchased during discount periods, the discounted price applies.) You can exchange specific GOG content once only. You can’t exchange GOG content you received as an exchange for other GOG content. + * c) **Money back guarantee:** if you buy any GOG content and have significant technical issues with it (e.g. there is a major show stopper bug in a game that prevents you from finishing it), we will give you a full refund if all the following requirements are met: + * (i) You must have genuine significant technical issues with the GOG content. + * (ii) You need to contact GOG Customer Support to request the refund within 30 days of the original purchase (if you received it from a GOG-authorised exchange for another product, then the 30 day period starts running from the date of exchange). + * (iii) GOG Customer Support must have a reasonable time period in which to try to resolve the issue before they process the refund to you. + * d) **Withdrawal Right:** we give you the right to withdraw from a purchase of GOG content without charge and for any reason within 30 days after you bought that GOG content, IF it has not been downloaded, streamed, activated or used in any way before then. If any of those things happen then your withdrawal right is lost. + * 7.4 **Final sale:** a sale is considered final either 30 days after purchase or when you try to download the GOG content or any additional/bonus content. Once either of those happens, you no longer will have any return, exchange or refund options unless you have technical issues covered by paragraph (c) above. Virtual items/currency and GOG Wallet funds are not covered by this section 7 and we cannot therefore offer refund, early exchange, money back guarantee or withdrawal rights regarding them. + +**Games in Development** + +7.5 GOG is releasing games that are still in development (such games are +referred to herein as ‘games in development’). This gives you the opportunity +to try out new and carefully selected games while they are still unfinished. +For more information, see the [games in development +FAQ](https://support.gog.com/hc/sections/115000157529-FAQ-Games-in- +development). + +7.6 Just to be clear, these really are games in development: there may well be +incomplete features or gameplay bugs, errors and other problems. These games +might also never be finished. Ultimately, you have to accept them ‘as is’ +without any liability or additional promises from us or the developer. They +are classed as ‘betas’ under this User Agreement (see section 5 above). + +7.7 To help out, we have a special return/refund policy for you: we will +refund any game in development that you want to return, for any reason, within +14 days of its respective purchase. A few additional points: (a) You will be +refunded the original purchase price at the time of your purchase. (b) If you +have gifted the game to someone else, you will still be able to obtain a +refund BUT the gifted game copy will be disabled. (c) This refund program will +be subject to a fair use policy: as long as you use it reasonably, you should +be fine. However, if we believe that you are acting unreasonably or are +abusing the program, then we reserve the right to refuse to grant you further +refunds. (d) This refund replaces all other refund rights which you might +otherwise have (e.g. our ‘30 day money back guarantee’), excluding any legally +required remedies. (e) A game that comes out of development within 14 days of +your purchase shall become subject to our regular ’30 day money back +guarantee’, counting from the date of purchase. + +### 8\. VIRTUAL ITEMS AND VIRTUAL CURRENCY + +8.1 With certain GOG content you may be able to purchase or acquire virtual +items and/or virtual currency (we’ll call them "Virtual Goods" for short). +Virtual Goods are subject to this Agreement and in particular the following +default rules, unless there are specific rules for that GOG content (which +will prevail over these rules). + +8.2 Virtual Goods are digital items only with no cash-value or real world +existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, +whether or not for other Virtual Goods, ‘real world’ money, goods, services or +items of monetary value. Trading Virtual Goods is prohibited (unless you are +specifically permitted to do so). Your right to use any Virtual Goods is +limited to a limited, nonexclusive, non-assignable, non-transferable, non- +sublicensable, revocable licence to use them solely for your personal +entertainment and non-commercial use in the applicable GOG content. You have +no property interest or right or title in any Virtual Goods, which remains the +appropriate publisher’s property. Virtual Goods may be changed, amended or +reversed if necessary, including to enforce this Agreement. If necessary, +limits may be placed on the use of Virtual Goods (including transaction limits +and balance amounts). + +8.3 The existence of a particular offer for Virtual Goods is not a commitment +by us to maintain or continue to make the Virtual Goods or that offer +available in the future. The scope, variety and type of Virtual Goods that you +may obtain can change and we have the right to manage, modify and remove +Virtual Goods if we consider necessary for the ongoing operation of GOG.com or +GOG content or for other legitimate reasons, in which case we will have no +liability to you or anyone for the exercise of such rights. We will make +reasonable efforts to notify you of any such change and to explain the reason +for such change. + +### 9\. PATCHES, UPDATES AND CHANGES + +9.1 Occasionally we may need to patch or update GOG services or GOG content +(for example to add or remove features or to resolve software bugs). We need +these rights in order to keep GOG.com running efficiently. Our Partners may +use GOG services to roll out patches or updates for applicable GOG content. + +### 10\. OWNERSHIP OF GOG.COM AND INTELLECTUAL PROPERTY RIGHTS + +10.1 GOG services including (but not limited to) their graphics, computer +code, user interface, look and feel, audio, video, text, layout, databases, +data and all other content, and all legal and exploitation rights regarding +them are either owned by us or we license them from third parties. GOG content +is owned by its developers/publishers and licensed by us. All rights are +reserved except as we have explained in this Agreement. You may not use or +exploit any part of the GOG services or GOG content except as explained in +this Agreement. + +10.2. GOG respects the intellectual property rights of others. Please read +more at [here](https://support.gog.com/hc/en-us/sections/115000136785). + +### 11\. RULES FOR USING GOG SERVICES + +11.1 Please follow these rules regarding the GOG services and GOG content. +Please read these rules carefully since failure to follow them (particularly +those in relation to cheating) will be considered a material breach of this +Agreement, which could lead to suspension or cancellation of your access to +GOG Services. Here are the rules: + + * (a) Only use GOG services or GOG content for your personal enjoyment (for example, don't use them to make money or for political purposes). + * (b) Regarding GOG content, what you can do practically (which includes to modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of it) depends on what the GOG content rights holder allows you to do (GOG can’t grant such rights), so please check this with the rights holder directly (the first thing you should do though is to check if they have a EULA and if so what it says). We also ask that you make only genuine attempts to improve the GOG content. + * (c) Regarding GOG services (which includes GOG software), unless you have prior GOG permission please don’t modify, merge, distribute, translate, reverse engineer, decompile, disassemble, or create derivative works of them – unless you’re allowed in this Agreement or by the law in your country. We’d like to emphasise that you are free to contact us for permission to do these things and we will review and respond to those requests in good faith. More generally, at some point in the future we want to open client protocols to make it easier for users to work with GOG data/software without any need for reverse engineering or similar techniques. + * (d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content, GOG Users or GOG personnel or use them for any similar purpose. + * (e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect GOG services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between GOG or its partners and GOG services and/or any unauthorised third party programs that collect information about GOG Services). + * (f) Don't interfere with the GOG or third party network software or other software including via tunnelling, code injection, modifying or changing GOG software, using any other similar software together with GOG services or GOG content, through protocol emulation, or through creation or use of private servers regarding GOG services or GOG content. Do not access or attempt to access areas of GOG.com or GOG servers that have not been made available to the public. + * (g) Don't do or say anything which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please! + * (h) Don’t share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate GOG accounts. GOG keys/codes can only be gifted or transferred or used in the ways permitted by GOG.com. If you have any questions or problems, contact customer support. + * (i) We ask you to follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding GOG. + * (j) We ask you not to do anything in connection with GOG that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information. + +### 12\. USER GENERATED CONTENT + +12.1 This section is about content (e.g. text, photos or links) which you make +available either to us or to other GOG users via GOG services (for example +through your profile picture or through messages to other GOG users). We'll +call this "User Generated Content". + +12.2 As far as we and you are concerned, you own any User Generated Content +but we need you to give us some limited rights over it so that we can actually +transmit it through GOG services. So, we ask you to give us a non-exclusive, +irrevocable licence to use, modify, reproduce, create derivative works from, +distribute, transmit, communicate and publicly display/perform your User +Generated Content in connection with GOG services. + +12.3 It is your responsibility to make sure that you have all necessary legal +rights before you use User Generated Content and for checking they are safe to +use – we can't know that ourselves, and we can't check it for you, so we have +to rely on you. + +12.4. However, we have the right (but not the obligation) to review and if +appropriate or legally necessary to remove any User Generated Content which is +unlawful, tortious, defamatory, obscene, invasive of the privacy of another +person, threatening, harassing, abusive, hateful, racist or pornographic. If +you find that any such content has been posted on GOG services, please let us +know by contacting us at [legal@gog.com](mailto:legal@gog.com). + +### 13\. FEEDBACK OR SUGGESTIONS + +13.1 You’re welcome to give us feedback and suggestions to improve GOG +services and we really value them all. However, just so we’re clear, we don’t +have to use or accept them and we won’t owe you anything (financially or +otherwise) regarding them. + +### 14\. USING GOG CONTENT IN FAN WORK + +14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages, +'Let's Play' or other videos or artwork), you need to check with the content +owner (e.g. the developer or publisher) if they are OK with it and if so you +should get permission from them. The reason is simple – the GOG content is the +property of the respective owner, not GOG’s. + +### 15\. THIRD PARTY CONTENT AND EXTERNAL SERVICES + +15.1 You might get links to third party websites or content through GOG +services. Using them is up to you – we can't promise they will work, what +they'll be like or if they're free. + +15.2 You can also use your GOG account to get easy access to some external, +GOG approved partner services, e.g. The Witcher games and sites from our +related company CD PROJEKT. They will have their own terms and conditions +which you will need to agree and follow. Just to be clear: using these +services is all optional and up to you. You have the power! + +15.3 A quick word about GOG Connect (which you can read more about +[here](https://www.gog.com/connect))This (optional) feature is provided +subject to Valve’s [Steam Web API Terms of +Use](https://steamcommunity.com/dev/apiterms) and therefore access to this +feature and how it works may change if necessary to reflect those Terms of +Use. Please also see section 9.3 of our Privacy Policy, which explains how we +use ‘Steam Data’ and contains important liability provisions regarding it. +Please also see our GOG Connect FAQs which contain further information about +GOG Connect and how to use it. + +### 16\. WARRANTIES AND LIMITATION OF LIABILITY REGARDING GOG SERVICES + +16.1 We warrant that: (i) we have the right to enter this Agreement and to +grant you the licence to use GOG services in section 2.1; and (ii) we will +take reasonable care with the GOG services and your use of them; and (iii) we +will use reasonable endeavours to comply with applicable laws in performing +our obligations to you under this Agreement. + +16.2. Your representations and warranties. You represent and warrant that you +have the full power and ability to enter into this Agreement and will follow +fully its terms. You also represent and warrant that any User Generated +Content, which you transmit via GOG services does not infringe upon the +intellectual property rights of any third party. You further represent and +warrant that you will not use or contribute User Generated Content that is +unlawful, tortious, defamatory, obscene, invasive of the privacy of another +person, threatening, harassing, abusive, hateful, racist or pornographic. + +16.3. We work hard to try to make GOG content work on your systems but we only +have limited time to carry out tests and we don't always get everything right. +Therefore, we can't accept any liability or responsibility for GOG content. We +are also not responsible for anything that happens to GOG.com or GOG services +which is outside of our control. However, don't forget you may be entitled to +GOG content return and refund if it has technical issues see section 7.3 (c). + +### 17\. TERMINATION + +17.1 Your right to terminate the Agreement. You may terminate this Agreement +at any time and without giving any reason by completely ceasing to use GOG +Services. If you would like us to delete your account please contact our +Support Team [here](https://support.gog.com/hc/requests/new?category=info). +Termination will not affect already existing rights or obligations of us or +you. + +17.2. Our right to terminate the Agreement. If you materially breach this +Agreement, we reserve the right to suspend or cancel your access to GOG +services and GOG content. By material breach of the Agreement we mean a +serious breach which could cause significant harm to GOG, GOG users, as well +as, in particular breach of the provisions of section 11 above. If we suspend +or cancel your access to GOG services or GOG conent we'll take reasonable +steps to contact you to explain why we've done this and what (if anything) you +can do as a result. + +17.3 It seems very unlikely, but if we have to stop providing access to GOG +services and GOG content permanently (not because of any breach by you), we +will try to give you at least sixty (60) days advance notice by posting a note +on www.gog.com and sending an email to every registered users – during that +time you should be able to download any GOG content you purchased. + +### 18\. FORCE MAJEURE + +18.1 Neither you nor us will be liable for any failure to perform any +obligation under this Agreement or to provide access to GOG services and GOG +content if that failure is caused by the happening of any unforeseen event +beyond your or our reasonable control including without limitation, Internet +outages, communications outages, fire, flood, war or act of God. + +### 19\. GOVERNING LAW + +**For users resident in the European Union and elsewhere in the world (but not +the USA):** + +19.1 You and we agree that your use of GOG services and GOG content and this +Agreement will be governed by and interpreted according to the laws of the +Republic of Poland and that any dispute regarding this Agreement will be heard +non-exclusively by the courts of the Republic of Poland. In any legal claim +under this Agreement, the side which wins will be entitled to its legal fees +and expenses + +19.2. The above choice of governing law and jurisdiction is subject to any +mandatorily applicable principles of consumer protection or other law in your +jurisdiction of residence which would not otherwise be available. + +**For users in the USA only:** + +19.3 You and we agree that your use of GOG services and GOG content, and this +Agreement, will be deemed to be entered into in Los Angeles, California and +governed by and interpreted according to the laws of the State of California, +USA (and, if applicable, US Federal law). Any legal claim by you against +GOG.com will be made exclusively in any state or federal court located in Los +Angeles, California, which will have subject matter jurisdiction regarding the +dispute between you and us and therefore we both consent to the exclusive +jurisdiction of those courts. In any legal claim under this Agreement, the +side which wins will be entitled to its legal fees and expenses. + +### 20\. CUSTOMER SUPPORT AND DISPUTE RESOLUTION + +20.1 If you have concerns, claims or issues with us, we hope we can resolve +them quickly and amicably at +[here](https://support.gog.com/hc/requests/new?category=info). We will make +reasonable and good faith efforts to resolve any dispute between us +informally. We undertake to answer to any claim within 14 days. + +20.2 If it is not resolved during this time, the next steps depend on where +you live. If you live within the EU you may submit your legal claims to the +online dispute resolution platform operated and provided by the European +Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in +order to reach an out of court settlement or initiate a lawsuit + +20.3. If you live in the USA or the rest of the world (but not the EU) then +please contact us at [legal@gog.com](mailto:legal@gog.com). + +### 21\. OTHER LEGAL STUFF + +21.1 If any part of this Agreement is found not to be legally enforceable, +this will not affect any other part of it. + +21.2 This Agreement and the GOG Privacy Policy constitute the entire agreement +between you and us and supersede any earlier oral or written agreements. If +you disagree with this, please contact us as soon as possible after you start +using GOG services at [legal@gog.com](mailto:legal@gog.com) since otherwise +this will be binding on you after a reasonable time period (usually 30 days). + +21.3 This Agreement governs our relationship with you (and vice versa). It +does not create any rights for anyone else. + +21.4 Please remember we are subject to various laws and we may be required to +comply with law enforcement or other legal requirements. + +21.5 If there is a reorganisation, sale or merger of GOG.com then we may need +to work with relevant third parties to transfer or merge your GOG account. + +21.6 You and we agree that the UN Convention on Contracts for the +International Sale of Goods does not apply this Agreement. + +21.7 We can assign, subcontract or transfer this Agreement to a third party or +another member of our group if necessary for the support of GOG, as part of +any reorganisation or merger or for other business reasons. We will notify you +if this happens. + +### 22\. CHANGES TO THIS AGREEMENT + +22.1 We may change this Agreement if it's necessary e.g. for legal reasons or +to reflect changes in GOG services or GOG content. If so, we will make the +changed Agreement available online at +[here](https://support.gog.com/hc/articles/212632089-User-Agreement) and (if +you have a GOG account) email you to let you know about the changes + +22.2 Any changes to the Agreement will come into force within 30 days of their +announcement online. In the meantime, you're welcome to contact us at +[legal@gog.com](mailto:legal@gog.com) if you have specific questions about the +changes. + +22.3 If you don't agree to those changes (regardless of whether you email us), +then unfortunately we must ask you to cease using GOG services and GOG +content. We're sorry we have to say that, but we hope you'll appreciate that +for GOG.com to work properly we need to have everyone using it under the same +rules instead of different people having different rules. That's why we +encourage you to get in contact if you have queries or concerns. + +22.4 Just so you know, we'll never just make a bunch of changes to this +Agreement, not tell you what they are and force you to agree to changes you +don't understand before you can use GOG.com! + +### 23\. OUR CONTACT DATA + +23.1. If you have any complaint concerning your purchase, or simply you would +like to contact us, here are our contact details: + + +Name: GOG sp. z o.o. + + +Registered Office: Ul. Jagiellonska 74, 03-301 Warsaw, Poland + + +Registered at the District Court for Warsaw, 13th Commercial Division of the +National Court Register + + +Registration Number 0000029514 + + +Tax number VAT ID (NIP) PL 113-21-77-807 + + +Share capital: PLN 135.750,00 PLN + + +E-mail: https://support.gog.com/hc/requests/new?category=info or +support@gog.com |