This EULA includes the Privacy Policy (www.take2games.com/privacy) and Terms of Service (www.take2games.com/legal). Revised: October 17, 2018 TERMS & CONDITIONS This document constitutes an agreement (the "Agreement") between you and the United States company Take-Two Interactive Software, Inc., its parents, subsidiaries, and affiliates, (the "Company," "we," "us," and "our") that governs the relationship between you and the Company with respect to your use of the Online Services. The Company provides access to the Online Services and any related services subject to your compliance with this Agreement. Thus, it is important that you carefully read and understand this Agreement. The terms and conditions herein are in addition to and supplement the End User License Agreement at [http://www.take2games.com/eula](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/eula) that governs the use of all software and services distributed by the Company. Please review the End User License Agreement carefully. Description Of Online Services Trademark And Copyright Information Submissions Code Of Conduct Limited License By The Company License To The Company Making Purchases Ringtones, Wallpapers, And Other Mobile Device Services & Products Virtual Currency And Virtual Goods Warranty Disclaimer Void Where Prohibited Your responsibility to the Company Litigation Issues Termination Miscellaneous Designated Agent Under the Digital Millennium Copyright Act Repeat Infringer Policy DESCRIPTION OF ONLINE SERVICES Subject to full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through internet- capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts (collectively the "Online Services"). Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Online Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, Licensor's Privacy Policy and/or Licensor's Terms of Service. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice. TRADEMARK AND COPYRIGHT INFORMATION All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. SUBMISSIONS The Company welcomes input from the gaming community. You hereby grant the Company an exclusive, perpetual, irrevocable, fully transferable, and sub- licensable worldwide right and license to use any submissions you submit to the Company of any nature whatsoever, whether through a posting on a Company website, email to the Company, mail, or any other means and without any obligation to account, credit, or make any payment to you for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect. CODE OF CONDUCT The following rules, policies, and disclaimers shall govern and/or apply to your use of the Online Services. You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not restrict or inhibit any other user from using or enjoying the Online Services (for example, by means of harassment, hacking, interfering, adversely affecting, or defacement); (3) you will not use the Online Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards; (4) you will not post, upload, or create any copyrighted material using the Online Services unless you own the copyright in and to such material; (5) you will not post, upload, or transmit any information or software that modifies or alters the Online Services in any way or that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (6) you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights; (7) you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services; (8) you will not impersonate any other individual or entity in connection with your use of the Online Services, and (9) you will not provide assistance, guidance, or instruction to any other individual or entity regarding any of the above. All determinations will be made by the Company in its sole discretion. When we provide Online Services involving user-created content ("UGC"), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable, we encourage you to use associated report functions or contact us by visiting [http://www.take2games.com/support](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/support) or [http://www.socialpoint.es/community/#support](https://steamcommunity.com/linkfilter/?url=http://www.socialpoint.es/community/#support). We will remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any content is a manual process and might not occur immediately or at all. The Company is not responsible for any content posted, or actions taken, by any other User that impacts you or your use of the Online Services. We reserve the right to remove (or not) any UGC or content for any (or no) reason whatsoever. You remain solely responsible for your UGC, and you will accordingly be responsible and liable to the Company and its agents with respect to any claim based upon the transmission of your UGC. Posting of advertisements, chain letters, pyramid schemes, solicitations, the same note more than once or “spamming,” and the like, are inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms). To the fullest extent allowed by applicable law, your use of the Online Services is at your own risk and the Company is not responsible for any loss, damage, or unsatisfactory performance related to the Online Services. We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in certain circumstances set forth in our Privacy Policy. Please visit [http://www.take2games.com/privacy](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/privacy) for more details. LIMITED LICENSE BY THE COMPANY The Company grants you a limited, non-sublicensable license to access and use the Online Services. Such license is subject to this Agreement and, as applicable, the software EULA located at [http://www.take2games.com/eula](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/eula), and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Online Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Online Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Online Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Online Services other than for their intended purpose; (vi) you may not reproduce, prepare derivative works from, distribute, frame, “mirror,” or display the Online Services, except as provided herein; and (vii) you must not violate the Code of Conduct set forth above. Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Online Services will be consistent with this license, the EULA, and any other applicable agreements or policies, and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You will be responsible and liable to the Company in respect of any liability that the Company suffers arising out of your use of Online Services not in accordance with this Agreement. To request permission for uses of the Online Services not included in the foregoing license, you may write to the Company at [webmaster@take2games.com](mailto:webmaster@take2games.com). LICENSE TO THE COMPANY By creating UGC, posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Online Services, you are granting the Company a royalty-free, perpetual, non- exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Please consult the EULA at [http://www.take2games.com/eula](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/eula) for additional license terms related to our software. MAKING PURCHASES If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please review the Company’s privacy policy at [http://www.take2games.com/privacy](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/privacy) before submitting such information. RINGTONES, WALLPAPERS, AND OTHER MOBILE DEVICE SERVICES & PRODUCTS Certain mobile phone handsets and carriers offer services that enable consumers to select and purchase directly through their mobile devices various digital mobile products. The Online Services may also offer the ability to select and purchase various digital mobile products that will be delivered to your mobile device. These digital mobile products offerings and products may enable the consumer to customize their mobile device or mobile device service (for example with ringtones or wallpaper), or allow the consumer to select certain video or audio files that can be viewed or listened to whenever the consumer chooses. All or some of the digital mobile products offerings may not be available on, transmissible to, or compatible with all mobile devices. As a result, consumers may not be able to access, purchase or make use of all the services or offerings. Any attempt to purchase these products or services may result in mobile carrier charges being separately billed to your mobile device account for SMS messaging or other communications. In addition, the consumer may be separately billed by the mobile carrier for the actual product, service or offering selected. In the event the consumer has a call waiting and an incoming call is received while accessing or ordering any mobile product or service, such product, service or other offering may be interrupted or may not completely download. You can unsubscribe from any subscription service by following the instructions in the message or on the website related to the product. Please see [http://www.take2games.com/support](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/support) for support information regarding our 2K, Rockstar and Private Division products. Please see [http://www.socialpoint.es/community/#support](https://steamcommunity.com/linkfilter/?url=http://www.socialpoint.es/community/#support) for support information regarding our Social Point products. VIRTUAL CURRENCY AND VIRTUAL GOODS The Online Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual goods exclusively within applicable software and services provided by the Company. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with, the EULA, this Agreement and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary. See the EULA at [http://www.take2games.com/eula](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/eula) for more details. WARRANTY DISCLAIMER THE COMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET WEBSITES MAINTAINED BY THIRD-PARTIES ("THIRD-PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD- PARTY MATERIALS ON ITS WEBSITES. NEITHER THE COMPANY, ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD- PARTY SITES. THE MATERIALS ON THE THIRD-PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you. VOID WHERE PROHIBITED Although Company Online Services are accessible worldwide, not all products or services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made is void where prohibited. YOUR RESPONSIBILITY TO THE COMPANY You are responsible and liable to the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers in respect of all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter that you are responsible and liable for under this paragraph. LITIGATION ISSUES This Agreement is entered into in the State of New York and shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. The End User License Agreement [https://www.take2games.com/eula/](https://steamcommunity.com/linkfilter/?url=https://www.take2games.com/eula/) contains a binding individual arbitration and class action waiver provision that affects your rights with respect to any ‘Dispute’ between you and the Company, and requires you and the Company to resolve Disputes in binding, individual arbitration, and not in court. You have a right to opt out of the Binding Individual Arbitration section as explained in the EULA. Please read it carefully before installing or using any Company software or services. The Binding Individual Arbitration section shall not apply to the extent prohibited by the laws of your country of residence. For any disputes not subject to binding individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without affecting either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. For example, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident. The Company has the right to prosecute civil claims against you for any violation of its End User License Agreement, the Terms of Service, the Privacy Policy, or any other governing terms and conditions related to its software and services, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute. Any violation by you of such governing terms shall constitute an affirmative defense (whether characterized as arising at law or in equity) against any claim you might assert against the Company in connection with the Online Services. TERMINATION The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the Company's reasonable control or if you breach any terms and conditions of an agreement or policy governing the Software, including this Agreement, the Privacy Policy and/or the End User License Agreement. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services. The Company may terminate any of the Online Services for any reason at all by giving at least thirty days’ notice by email or on the website page entitled "Legal Notices" or "Legal Information" (or similar title), or immediately without notice for any reason beyond the Company’s reasonable control. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability. MISCELLANEOUS In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement, along with the Privacy Policy located at [http://www.take2games.com/privacy](https://steamcommunity.com/linkfilter/?url=http://www.take2games.com/privacy) and the EULA, constitutes the entire agreement between you and the Company pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between you and the Company with respect to the subject matter of this Agreement are expressly canceled. No failure or delay by the Company to enforce any rights or powers under this Agreement may be deemed a waiver of those or any other rights or powers of the Company. The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on the website page entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect. DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT The Digital Millennium Copyright Act ("DMCA") provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s designated agent. If you believe in good faith that the Company should be notified of a possible online copyright infringement involving any Online Service, please notify the Company’s designated agent: Service Provider: Take-Two Interactive Software, Inc. Address of Designated Agent: Take-Two Interactive Software, Inc. 110 W 44th Street New York, NY 10036 United States of America Attention: General Counsel Telephone Number of Designated Agent: +1 646-536-2842 Facsimile Number of Designated Agent: +1 646-941-3566 Email Address of Designated Agent: [copyright@take2games.com](mailto:copyright@take2games.com) Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim. To meet the notice requirements under the DMCA, the notification must be a written communication that includes the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. REPEAT INFRINGER POLICY In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, registered accounts deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Online Services and/or terminate the account of anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement. ------------------------------- ?## 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 ------------------------------- ======================================== ======= Inno Setup License Terms ======= ======================================== Except where otherwise noted, all of the documentation and software included in the Inno Setup package is copyrighted by Jordan Russell. Copyright (C) 1997-2008 Jordan Russell. All rights reserved. This software is provided "as-is," without any express or implied warranty. In no event shall the author be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter and redistribute it, provided that the following conditions are met: 1. All redistributions of source code files must retain all copyright notices that are currently in place, and this list of conditions without modification. 2. All redistributions in binary form must retain all occurrences of the above copyright notice and web site addresses that are currently in place (for example, in the About boxes). 3. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software to distribute a product, an acknowledgment in the product documentation would be appreciated but is not required. 4. Modified versions in source or binary form must be plainly marked as such, and must not be misrepresented as being the original software. Jordan Russell jr-2008 AT jrsoftware.org http://www.jrsoftware.org/