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FINAL FANTASY® XI / PLAYONLINE® VIEWER Software License Agreement

Last Updated 07/27/2011

SQUARE ENIX FINAL FANTASY XI REFUND POLICY FOR U.S AND CANADA


The following License Agreement is a binding, legal agreement between SQUARE ENIX® and you and governs your use of the Licensed Software. If at any time you do not agree to be bound by these terms and conditions, you must immediately cease using the Licensed Software. Please contact your place of purchase for return, refund, or exchange subject to the return and exchange policy of the retailer. If:

(a) your place of purchase is unwilling to accept returns or exchanges of opened software AND

(b) you have not accepted this Agreement during the installation process AND

(c) you have not entered the Registration Code contained within the Licensed Software packaging

(d) it has been less than 30 days since you purchased the software, AND

(e) you purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada,

 

THEN you may contact your Region’s SQUARE ENIX affiliate and request a full refund of your purchase price for the Licensed Software, not including taxes or shipping and handling charges.  Please note that any refund is discretionary and will be contingent upon SQUARE ENIX’s receipt of a copy of your receipt and the complete undamaged Licensed Software package and confirmation that the Registration Code contained inside has not been used. If you downloaded the Licensed Software from an authorized digital distributor, you do not need to send any physical package.

 

 

IMPORTANT NOTICE: Where Registration Code is required to install the Licensed Software and/or to access any on-line or multiplayer gameplay, this cannot be reproduced or replaced.  It is the responsibility of the original purchaser to keep this Registration Code secure.  Lost, stolen or damaged Registration Codes cannot be replaced.

 

 

THIS VERSION OF THIS LICENSE AGREEMENT IS EFFECTIVE AND BINDING ON ALL USERS OF THE LICENSED SOFTWARE. THE TERMS IN THIS LICENSE AGREEMENT SUPERCEDE ANY CONFLICTING TERMS CONTAINED IN THE SOFTWARE PACKAGE OR ANY PREVIOUS VERSION OF THIS LICENSE AGREEMENT. THE MOST CURRENT VERSION OF THIS LICENSE AGREEMENT IS AVAILABLE FOR REVIEW ONLINE AT WWW. PLAYONLINE.COM

 

Your particular attention is drawn to the data ownership provision in Section 2.3 and limitation of liability provisions in Article 4.

 

By checking the box next to the statement “I accept the terms of the license agreement” or “I do not accept the terms of the license agreement” or or “Back” button and the Licensed Software will not be loaded onto your computer or game console (as applicable).  If you are already a subscriber, you will be directed to a webpage in which you will be instructed to cancel your game subscription, effective immediately upon completion.  In this Agreement, “Minor” means that you are aged between 13 and 17 for the America Region and the EMEA Region and under 20 for the Japanese Region.

 

 

 

Introduction.

 

This License Agreement is between Square Enix, and you ("You"), a licensee of the Licensed Software and all accompanying Documentation. 

 

For purposes of all of your contractual relationships concerning the Game, “SQUARE ENIX” refers to the SQUARE ENIX affiliate for your geographic “Region”, with which you are first entering into this License Agreement for so long as you use the Licensed Software.  You are not entering into any contractual or other relationship with any other SQUARE ENIX affiliate as a result of your use of the Licensed Software or the Service under this License Agreement.  Note:  If SQUARE ENIX determines that you have intentionally provided improper information to SQUARE ENIX such that you are registered in the wrong Region, SQUARE ENIX reserves the right to either (a) transfer your account to the proper Region, subject to the rules, agreements and fees for that Region, or (b) terminate your account, without recourse.


(a)    For the American Region, “SQUARE ENIX” means Square Enix, Inc. 

You are in the “American Region” if you are located in:  North America, South America, Central America, American Samoa, Guam, the United States Minor Outlying Islands and the Caribbean (excluding Cuba).

 

(b)   For the EMEA Region, “SQUARE ENIX” means Square Enix Ltd. 

You are in the “EMEA Region” if you are  located in:  Åland Islands, Albania, Algeria, Andorra, Angola, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Bhutan, Bosnia and Herzegovina, Botswana, Bouvet Island, British Indian Ocean Territory, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Central African Republic, Chad, Christmas Island, Cocos (Keeling) Island, Comoros, Congo and the Democratic Republic of Congo, Cook Islands, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories (South Pacific), Gabon, Georgia, Germany, Gibraltar, Greece, Greenland, Guernsey, Holy See/Vatican City State, Hungary, Iceland, India, Ireland, Isle of Man, Israel, Italy, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Maldives, Malta, Mauritania, Mauritius, Mayotte, Monaco, Mongolia, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Caledonia, New Zealand, Norfolk Island, Norway, Oman, Pakistan, Papua New Guinea, Poland, Portugal, Qatar, Réunion, Romania, Russian Federation, Saint Helena, Samoa, San Marino, Saudi Arabia, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Swaziland, Sweden, Switzerland, Tajikistan, Tanzania, Timor-Leste, Tokelau, Tonga, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Yemen, Zambia.

(c)     For the Japanese Region, “SQUARE ENIX” means Square Enix Co., Ltd. 

You are in the “Japanese Region” if you are located in:  Japan.

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree as follows:

 

 

Article 1:  Definitions

 

1.1        “Documentation” means those user manuals, specifications documents and other instructional materials related to the Licensed Software (whether written or electronic) that are provided by SQUARE ENIX or otherwise made available to Users.

 

1.2        “Game” means the FINAL FANTASY XI online game program embodied in the Licensed Software provided to you hereunder, together with any additional features or functionality of such online game that may be available to users of the Service, including, without limitation, patches, add-ons, expansion packs and updates.

 

1.3        “License Agreement” means this FINAL FANTASY XI Software License Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are a Minor) prior to any use of the Licensed Software.

 

1.4        “Licensed Software” means the FINAL FANTASY XI software and PlayOnline® Viewer, as embodied on any one or more discs or other media provided to you, or as incorporated into any one or more electronic files provided to you, together with any updates, additions, or modifications thereto that SQUARE ENIX may elect (in its sole discretion) to provide or make available to you from time to time.

 

1.5        “User Agreement” means the FINAL FANTASY XI User Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are a Minor) prior to any use of the Service.

 

1.6        “Privacy Policy” means SQUARE ENIX’s current Online Privacy Policy for your Region, which may be accessed at www.PLAYONLINE.com and within the Service at any time the terms of which are incorporated into this License Agreement in full.

 

1.7        “Registration Code” means all or any unique and non-transferrable registration code provided with the Licensed Software, which should be inputted by you during the installation process in accordance with the instructions provided with the Game.

1.8        “Service” means the online entertainment service offered by SQUARE ENIX in conjunction with the Game, which includes the various services incorporated therein or offered in connection therewith (including, but not limited to, online games).

1.9        “Square Enix ID Agreement” means the Square Enix Account Terms of Use.

1.10    “Users” means users of the Service; subject to the requirement that any Minor must have the express authorization of a parent or legal guardian.  For the American Region and the EMEA Region, children under the age of 13 are not permitted to use the Service at this time.

 

Article 2:  Grant of License

 

2.1        License Grant.  Contingent upon your acceptance of and compliance with the terms of this License Agreement and the User Agreement, SQUARE ENIX hereby grants you the limited, personal, nonexclusive, non-transferable, revocable license during the term of this License Agreement to install and use the Licensed Software only for your own personal use (i.e., not for the use of roommates or family members) on your own computer or game console (as applicable) and to use the Documentation solely in connection with your use of the Licensed Software and not for any commercial purpose.  This license does not include any grant of property rights to you, including ownership of the Licensed Software.  This license does not provide you with access to and usage of the Service unless you abide by all of the terms of thisLicense Agreement and the User Agreement, including any fees due as set forth therein.

 

2.2        Term and Termination.  This License Agreement will commence when you indicate your acceptance of its terms and conditions and install the Licensed Software. Your rights under Section 2.1 will immediately and automatically terminate upon your breach of any provision of this License Agreement, the User Agreement, or the Square Enix ID Agreement.  Any use of the Game results in a permanent or temporary copy of portions of the Software to be made on your computer or game console.  In the event of termination, you must destroy all copies of the Licensed Software and all of its component parts including any Licensed Software stored on the hard disk of any computer or game console.  If you continue to use the Licensed Software after your right to do so has been terminated, you acknowledge that you are engaging in copyright infringement.

 

2.3        Ownership.  SQUARE ENIX (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to the Service, the Licensed Software and all Documentation, and will be the sole owner of any and all data you generate through your use of the Service or the Licensed Software, including but not limited to, accounts, character attributes, statistics and assets. SQUARE ENIX owns all computer code, titles, themes, objects, characters, character names, animations, processes, likenesses, musical compositions and recordings, storylines, environments, buildings, artwork, sounds, and other intellectual property contained within the Licensed Software and Service. You receive only those limited rights to access and use the Licensed Software and all Documentation set forth herein.

PLEASE READ CAREFULLY:   YOU DO NOT OWN YOUR ACCOUNT OR CHARACTER, OR HAVE ANY PROPERTY RIGHTS TO YOUR CHARACTER OR ITS VIRTUAL ASSETS OR DATA, ALL OF WHICH YOU AGREE ARE MONETARILY WITHOUT VALUE.  YOU MAY NOT SELL, RENT, OR REPRODUCE ANY CHARACTER OR ANY VIRTUAL ASSETS ASSOCIATED WITH SUCH CHARACTER OR WITH ANY ACCOUNT CONTROLLED BY YOU FOR ANY COMMERCIAL PURPOSE.  IF YOU DO SO, THIS LICENSE IS IMMEDIATELY TERMINATED.

THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS, AND INTERNATIONAL TREATIES, AND INCLUDE TRADE SECRETS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. SQUARE ENIX, FINAL FANTASY and FFXI are registered trademarks or trademarks of Square Enix Co., Ltd. or Square Enix Holdings Co., Ltd. and may not be reproduced, altered, or used in any way without the prior, written consent of SQUARE ENIX.

 

2.4        Restrictions.  To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, “hack,” or disassemble the Licensed Software; (b) rent, lease, sublicense, distribute, or transmit the Licensed Software to any third party; (c) rent, lease, sell, distribute or transmit or otherwise transfer your user or other account related information relating to the Service (including without limitation your Registration Code, any User identification provided to you or password information) (d) make any copy of or otherwise reproduce the Licensed Software; (e) infringe any copyright, trademark rights, or any other intellectual property rights of SQUARE ENIX or its licensors or, (f) use the Licensed Software to provide service bureau or time-sharing services (e.g., cybercafés), or for any other commercial purpose. The Licensed Software is for your personal use only and may not be copied, leased, or made available for use by others.

 

2.5        Ownership of Derivative Works.  You acknowledge and agree that any authorized or unauthorized derivative works of the Licensed Software, or the Documentation, are the sole and exclusive property of SQUARE ENIX.  To the furthest extent permissible in the relevant jurisdiction, you hereby irrevocably assign to SQUARE ENIX all right (for the Japanese Region only, including those rights set forth in articles 27 and 28 of Japanese Copyright Law), title, and interest in and to any and all such authorized or unauthorized derivative works of the Licensed Software created by you or on your behalf.  SQUARE ENIX reserves its right, in its sole discretion, to request that any such derivative works possessed or otherwise controlled by you be delivered to SQUARE ENIX or be destroyed.

 

2.6        Patches and Updates.  SQUARE ENIX will deploy patches, updates and modifications to the Licensed Software that must be installed for you to continue to use the Licensed Software.  You hereby consent to SQUARE ENIX deploying these without providing you with notice in each instance. You also acknowledge and agree that any and/or all patches, updates and modifications to the Licensed Software may be provided to you from other Users’ computers or game consoles (as applicable) through peer-to-peer communications (“Peer-to-Peer Update”).  Your IP address may be inadvertently disclosed to other Users through Peer-to-Peer Update and SQUARE ENIX reserves the right to collect the log data of Peer-to-Peer Update for system maintenance purposes.

2.7        Right to Change or Terminate the Service.  The Service is provided by SQUARE ENIX for so long as SQUARE ENIX wishes to operate the Service in its sole discretion.  The Service may be modified, suspended, restricted, or terminated, or otherwise discontinued by SQUARE ENIX without liability to you.

 

2.8        Changes to the Agreement.  SQUARE ENIX reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement at any time.  If any future changes to this License Agreement are unacceptable to you, you may terminate this License Agreement by uninstalling the Software and destroying your copy. Your installation and use of any of SQUARE ENIX’s updates or modifications to the Licensed Software or Service following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes.

 

Article 3: User Responsibilities

 

3.1        Service Access.  You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers or video game consoles) and communications services (including, without limitation, Internet access) necessary to access the Service and use the Licensed Software, and for ensuring such equipment and services are compatible with all requirements of the Service and Licensed Software.

 

3.2        Personal Information Management.  You understand that your use of the Licensed Software in connection with the Service will require that you disclose to SQUARE ENIX certain personally identifiable information, and that such information is subject to SQUARE ENIX’s Privacy Policy, which contains important information on how SQUARE ENIX collects and uses information from you. You understand that it is your sole responsibility to review the Privacy Policy from time to time for any changes or revisions thereto.  Data submitted by you in Europe will be subject to the EMEA Region Privacy Policy in the form of http://www.square-enix.com/eu/en/privacy/ and by clicking the “Yes” button you unconditionally and irrevocably agree to the terms of the Privacy Policy as varied and/or amended from time to time.

 

3.3        Indemnification.  You will indemnify, defend, and hold SQUARE ENIX harmless against any and all claims, suits, actions, expenses, attorney fees and other legal fees and costs arising from your use of the Licensed Software (whether alone or in connection with the Service) and relating to (a) your breach of any provision of this License Agreement, or the inaccuracy of any of your representations made in this Agreement or made in connection with your registration of any SQUARE ENIX product or Service; (b) your violation or infringement of any proprietary or privacy rights of SQUARE ENIX, its affiliates, or any third party; or (c) any third-party claims arising out of or relating to your use of the Licensed Software (whether alone or in connection with the Service).

 

Article 4: Disclaimer and Limitation of Liability

 

4.1        Limited Warranty.  SQUARE ENIX warrants to the original purchase of the Licensed Software that the physical media containing the Licensed Software (which includes any replacement physical media provided under this Limited Warranty) will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase (the “Warranty Period”).  SQUARE ENIX’s entire liability and your exclusive remedy under this Limited Warranty shall be, at Square Enix’s option, repair or replacement, without charge, of the whole or affected portion of any Licensed Software that proves to be defective in material or workmanship during this Warranty Period.  Please see the Documentation provided in the Licensed Software for more details.

4.2        Disclaimer.  You understand and acknowledge that your use of the Licensed Software (whether alone or in connection with the Service) may result in unpredictable damage or loss to you, including, without limitation, computer damage or unexpected results or loss of data, including character and account loss. All products and services relating to this Agreement, including, without limitation, the Licensed Software and the Documentation, are provided "AS IS" without warranty of any kind except as explicitly set forth therein. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  SQUARE ENIX MAKES NO PROMISE OR OTHER WARRANTY THAT THE LICENSED SOFTWARE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.  SQUARE ENIX does not warrant that the Licensed Software will meet your expectations or requirements, or that the operation of the Licensed Software will be uninterrupted or error free. The entire risk as to the quality and performance of the Licensed Software is with you. 

 

4.3        Limitation of Liability.

 

(a)  You are not entitled to receive damages from SQUARE ENIX for any claim arising out of or relating to this Agreement, your use of the Licensed Software (whether alone or in connection with the Service), or loss of data, or loss of access to the Service, or to any materials or services provided by any third party in connection with your use of the Licensed Software.  In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SQUARE ENIX or with the distribution, operation, development, or performance of the Licensed Software the Game or any related products.

 

(b)  THE FOLLOWING SUB-CLAUSE 4.3(b) SHALL ONLY APPLY TO USERS IN THE AMERICAN REGION AND EMEA REGION: IN NO EVENT SHALL SQUARE ENIX BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

(c)  WITHOUT LIMITING SUB-CLAUSE 4.3(b) ABOVE IN NO EVENT WILL SQUARE ENIX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO SQUARE ENIX AS YOUR SUBSCRIPTION FEE FOR USE OF THE SERVICE AND/OR ANY RELATED PRODUCTS OR SERVICES INCLUDING WITHOUT LIMTATION THE LICENSED SOFTWARE.

(d)  Nothing in this License Agreement shall limit or exclude SQUARE ENIX’s liability to Users in the European Union for negligence for death or personal injury to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.

(e)  Certain jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this clause 4.3.  Nothing in this clause 4.3 shall affect your statutory rights which may vary from jurisdiction to jurisdiction.

 

4.4   Consent to Disclosure.  In order to protect SQUARE ENIX’s staff and customers, SQUARE ENIX may cooperate with government law enforcement with or without the receipt of a formal subpoena or search warrant.  You acknowledge and consent that SQUARE ENIX may provide your electronic communications and data, including emails and chat logs, to such government authorities, without any liability to you or any third party.

 

Article 5: General Terms

 

5.1        Informal Dispute Resolution.  It is SQUARE ENIX’s goal to informally resolve legitimate consumer disputes without resort to formal litigation.  Therefore, prior to filing any formal legal action against SQUARE ENIX, you agree to a make good faith attempt to informally resolve your grievance by sending a detailed letter with current contact information by Registered Mail or Overnight Delivery to the SQUARE ENIX office in your Region.   You agree to allow SQUARE ENIX 30 days to contact you to attempt to resolve the dispute.  If you file a formal legal action without abiding by Section 5.1 and the action is unsuccessful, you agree that you will be responsible for SQUARE ENIX’s costs and reasonable attorney’s fees incurred as a result of the unsuccessful action.  The addresses are as follows:

(a)    American Region:  Square Enix, Inc., 999 North Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245 USA.

Attention: Legal Department

(b)   EMEA Region:  Square Enix Ltd., Company No. 01804186 Wimbledon Bridge House, 1 Hartfield Road, Wimbledon, London SW19 3RU UNITED KINGDOM

Attention: Legal Department

(c)    Japanese Region:  Square Enix Co., Ltd., Shinjuku Bunka Quint Bldg., 3-22-7 Yoyogi, Shibuya-ku, Tokyo 151-8544 JAPAN

Attention:  Contact Point of FINAL FANTASY XI

 

5.2        Governing Law and Jurisdiction. 

(a)    For American Region Users:  This License Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with California law, without reference to its rules regarding conflicts of law, unless the statutory law of a jurisdiction outside of North America requires local law to apply. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of the State of California and of the United States of America located in the County of Los Angeles for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software.

(b)   For EMEA Region Users:  This License Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the License Agreement (including any such dispute or claim)  to the exclusive jurisdiction of the English courts  for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software, except that nothing in this License Agreement shall limit Square Enix Ltd.’s right to bring any action against any part in any other court of competent jurisdiction nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions for any other jurisdiction (whether concurrently or not) to the extent permitted by law of such other jurisdiction.

(c)    For Japanese Region Users:  This License Agreement shall be governed by and construed in accordance with the laws of Japan, without reference to its rules regarding conflicts of law. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of Tokyo Districted Court of Japan for the first instance for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software. 

 

5.3    Severability.  If any sentence or any provision of this License Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this License Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

 

5.4    No Waiver.  No waiver by SQUARE ENIX of any term, provision or condition of this License Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this License Agreement. No SQUARE ENIX customer service representative or any other personnel of SQUARE ENIX who interacts with you is legally empowered to bind SQUARE ENIX to any amendment or waiver of the terms of this License Agreement.

 

5.5    Entire Agreement.  This License Agreement, together with the User Agreement, the Square Enix ID Agreement, the Privacy Policy, and any other terms of use relevant to your use of the Licensed Software, constitutes the entire understanding and agreement between the parties with respect to your use of the Licensed Software and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This License Agreement shall form a part of your User Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this Agreement and the User Agreement, the terms of the User Agreement shall prevail; provided, however, that for all matters that are not covered in this Agreement, the terms of the User Agreement, the Square Enix ID Agreement, or the Privacy Policy (as applicable) shall continue to apply.

 

5.6    International Law.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement.

 

Article 6: The following provisions shall apply to the American Region only: 

6.1     U.S. Government Restricted Rights.  The Licensed Software is provided with RESTRICTED RIGHTS. If this software is licensed by or for any unit or agency of the United States Government, then this software will be classified as "commercial computer software," as that term is defined in the applicable provisions of the Federal Acquisition Regulations and supplements (the "FAR"), including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). This software was developed exclusively at private expense, and no part of this software was first produced in the performance of a United States Government contract. If this software is supplied for use by the DoD, this software is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c), as applicable. If this software is supplied for use by a Federal agency other than DoD, this software is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212; (ii) FAR 52.227-19; or (iii) FAR 52.227-14, as applicable.

 

6.2    Export Rules. You agree that the Licensed Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Licensed Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria) and that you are not otherwise prohibited under the Export Laws from receiving the Software.

Article 7:  DNAS AND PERIPHERAL DISCLAIMERS FOR PLAYSTATION®2 USERS

 

The terms of this Section 7 are applicable only to those Users accessing and using the Licensed Software from a PlayStation®2 computer entertainment system.

 

7.1       DNAS.  In order to participate and use the Game with a PlayStation®2 computer entertainment system, the User will access and use “DNAS” (Dynamic Network Authentication System), proprietary authentication software, servers and system created by Sony Computer Entertainment Inc. (“SCEI”). SQUARE ENIX is required to inform User of and obtain User’s agreement to the following:

 

7.2  DNAS Disclaimer.  The Licensed Software uses “DNAS” (Dynamic Network Authentication System), a proprietary authentication system created by SCEI. “DNAS” retrieves information about a User’s hardware and software for authentication, copy protection, account blocking, system, rules, game management, and other purposes. The information collected does not identify the User personally; provided, however, that SQUARE ENIX can combine this information with personally identifying information from SQUARE ENIX’s records if the User provides the personally identifying information to SQUARE ENIX. Before providing any personal information to SQUARE ENIX, a User should review SQUARE ENIX’s privacy policy and terms and conditions of use and should not provide personally identifying information to SQUARE ENIX unless the User first accepts the conditions of use and terms of SQUARE ENIX’s privacy policy. SCEI and its affiliates cannot guarantee the continuous operation of the “DNAS” servers. SCEI shall not be liable for any delay or failure of the “DNAS” servers to perform. If you receive a message during login identifying a “DNAS” authentication error, please contact SCEI. For additional information concerning “DNAS”, visit your region’s Playstation website (e.g., www.us.playstation.com/DNAS). In the event of a systems incompatibility or inoperability with “DNAS”, the sole liability of SCEI and their affiliates shall be limited to the repair or replacement of the affected User’s game software, console or peripherals, at the sole option of SCEI. SCEI, its parents, affiliates, and licensed game publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.

SQUARE ENIX is not responsible for “DNAS”, and you agree that SQUARE ENIX shall have no liability or other responsibility for any claim or liability in connection with your use of or access to, or your inability to use or access, “DNAS”.


7.3  Peripheral Disclaimer.  SQUARE ENIX MAKES NO PROMISE OR OTHER WARRANTY THAT THE GAME OR THE PLAYONLINE VIEWER WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE CREATED BY SCEA, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.

 

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FINAL FANTASY® XI / PLAYONLINE® VIEWER Software License Agreement

Last Updated 07/27/2011

SQUARE ENIX FINAL FANTASY XI REFUND POLICY FOR U.S AND CANADA


The following License Agreement is a binding, legal agreement between SQUARE ENIX® and you and governs your use of the Licensed Software. If at any time you do not agree to be bound by these terms and conditions, you must immediately cease using the Licensed Software. Please contact your place of purchase for return, refund, or exchange subject to the return and exchange policy of the retailer. If:

(a) your place of purchase is unwilling to accept returns or exchanges of opened software AND

(b) you have not accepted this Agreement during the installation process AND

(c) you have not entered the Registration Code contained within the Licensed Software packaging

(d) it has been less than 30 days since you purchased the software, AND

(e) you purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada,

 

THEN you may contact your Region’s SQUARE ENIX affiliate and request a full refund of your purchase price for the Licensed Software, not including taxes or shipping and handling charges.  Please note that any refund is discretionary and will be contingent upon SQUARE ENIX’s receipt of a copy of your receipt and the complete undamaged Licensed Software package and confirmation that the Registration Code contained inside has not been used. If you downloaded the Licensed Software from an authorized digital distributor, you do not need to send any physical package.

 

 

IMPORTANT NOTICE: Where Registration Code is required to install the Licensed Software and/or to access any on-line or multiplayer gameplay, this cannot be reproduced or replaced.  It is the responsibility of the original purchaser to keep this Registration Code secure.  Lost, stolen or damaged Registration Codes cannot be replaced.

 

 

THIS VERSION OF THIS LICENSE AGREEMENT IS EFFECTIVE AND BINDING ON ALL USERS OF THE LICENSED SOFTWARE. THE TERMS IN THIS LICENSE AGREEMENT SUPERCEDE ANY CONFLICTING TERMS CONTAINED IN THE SOFTWARE PACKAGE OR ANY PREVIOUS VERSION OF THIS LICENSE AGREEMENT. THE MOST CURRENT VERSION OF THIS LICENSE AGREEMENT IS AVAILABLE FOR REVIEW ONLINE AT WWW. PLAYONLINE.COM

 

Your particular attention is drawn to the data ownership provision in Section 2.3 and limitation of liability provisions in Article 4.

 

By checking the box next to the statement “I accept the terms of the license agreement” or “I do not accept the terms of the license agreement” or or “Back” button and the Licensed Software will not be loaded onto your computer or game console (as applicable).  If you are already a subscriber, you will be directed to a webpage in which you will be instructed to cancel your game subscription, effective immediately upon completion.  In this Agreement, “Minor” means that you are aged between 13 and 17 for the America Region and the EMEA Region and under 20 for the Japanese Region.

 

 

 

Introduction.

 

This License Agreement is between Square Enix, and you ("You"), a licensee of the Licensed Software and all accompanying Documentation. 

 

For purposes of all of your contractual relationships concerning the Game, “SQUARE ENIX” refers to the SQUARE ENIX affiliate for your geographic “Region”, with which you are first entering into this License Agreement for so long as you use the Licensed Software.  You are not entering into any contractual or other relationship with any other SQUARE ENIX affiliate as a result of your use of the Licensed Software or the Service under this License Agreement.  Note:  If SQUARE ENIX determines that you have intentionally provided improper information to SQUARE ENIX such that you are registered in the wrong Region, SQUARE ENIX reserves the right to either (a) transfer your account to the proper Region, subject to the rules, agreements and fees for that Region, or (b) terminate your account, without recourse.


(a)    For the American Region, “SQUARE ENIX” means Square Enix, Inc. 

You are in the “American Region” if you are located in:  North America, South America, Central America, American Samoa, Guam, the United States Minor Outlying Islands and the Caribbean (excluding Cuba).

 

(b)   For the EMEA Region, “SQUARE ENIX” means Square Enix Ltd. 

You are in the “EMEA Region” if you are  located in:  Åland Islands, Albania, Algeria, Andorra, Angola, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Bhutan, Bosnia and Herzegovina, Botswana, Bouvet Island, British Indian Ocean Territory, Brunei Darussalam, Bulgaria, Burundi, Cameroon, Central African Republic, Chad, Christmas Island, Cocos (Keeling) Island, Comoros, Congo and the Democratic Republic of Congo, Cook Islands, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern Territories (South Pacific), Gabon, Georgia, Germany, Gibraltar, Greece, Greenland, Guernsey, Holy See/Vatican City State, Hungary, Iceland, India, Ireland, Isle of Man, Israel, Italy, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Maldives, Malta, Mauritania, Mauritius, Mayotte, Monaco, Mongolia, Montserrat, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Caledonia, New Zealand, Norfolk Island, Norway, Oman, Pakistan, Papua New Guinea, Poland, Portugal, Qatar, Réunion, Romania, Russian Federation, Saint Helena, Samoa, San Marino, Saudi Arabia, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Swaziland, Sweden, Switzerland, Tajikistan, Tanzania, Timor-Leste, Tokelau, Tonga, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Yemen, Zambia.

(c)     For the Japanese Region, “SQUARE ENIX” means Square Enix Co., Ltd. 

You are in the “Japanese Region” if you are located in:  Japan.

 

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you agree as follows:

 

 

Article 1:  Definitions

 

1.1        “Documentation” means those user manuals, specifications documents and other instructional materials related to the Licensed Software (whether written or electronic) that are provided by SQUARE ENIX or otherwise made available to Users.

 

1.2        “Game” means the FINAL FANTASY XI online game program embodied in the Licensed Software provided to you hereunder, together with any additional features or functionality of such online game that may be available to users of the Service, including, without limitation, patches, add-ons, expansion packs and updates.

 

1.3        “License Agreement” means this FINAL FANTASY XI Software License Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are a Minor) prior to any use of the Licensed Software.

 

1.4        “Licensed Software” means the FINAL FANTASY XI software and PlayOnline® Viewer, as embodied on any one or more discs or other media provided to you, or as incorporated into any one or more electronic files provided to you, together with any updates, additions, or modifications thereto that SQUARE ENIX may elect (in its sole discretion) to provide or make available to you from time to time.

 

1.5        “User Agreement” means the FINAL FANTASY XI User Agreement, which must be accepted by you (or by your parent or legal guardian on your behalf if you are a Minor) prior to any use of the Service.

 

1.6        “Privacy Policy” means SQUARE ENIX’s current Online Privacy Policy for your Region, which may be accessed at www.PLAYONLINE.com and within the Service at any time the terms of which are incorporated into this License Agreement in full.

 

1.7        “Registration Code” means all or any unique and non-transferrable registration code provided with the Licensed Software, which should be inputted by you during the installation process in accordance with the instructions provided with the Game.

1.8        “Service” means the online entertainment service offered by SQUARE ENIX in conjunction with the Game, which includes the various services incorporated therein or offered in connection therewith (including, but not limited to, online games).

1.9        “Square Enix ID Agreement” means the Square Enix Account Terms of Use.

1.10    “Users” means users of the Service; subject to the requirement that any Minor must have the express authorization of a parent or legal guardian.  For the American Region and the EMEA Region, children under the age of 13 are not permitted to use the Service at this time.

 

Article 2:  Grant of License

 

2.1        License Grant.  Contingent upon your acceptance of and compliance with the terms of this License Agreement and the User Agreement, SQUARE ENIX hereby grants you the limited, personal, nonexclusive, non-transferable, revocable license during the term of this License Agreement to install and use the Licensed Software only for your own personal use (i.e., not for the use of roommates or family members) on your own computer or game console (as applicable) and to use the Documentation solely in connection with your use of the Licensed Software and not for any commercial purpose.  This license does not include any grant of property rights to you, including ownership of the Licensed Software.  This license does not provide you with access to and usage of the Service unless you abide by all of the terms of thisLicense Agreement and the User Agreement, including any fees due as set forth therein.

 

2.2        Term and Termination.  This License Agreement will commence when you indicate your acceptance of its terms and conditions and install the Licensed Software. Your rights under Section 2.1 will immediately and automatically terminate upon your breach of any provision of this License Agreement, the User Agreement, or the Square Enix ID Agreement.  Any use of the Game results in a permanent or temporary copy of portions of the Software to be made on your computer or game console.  In the event of termination, you must destroy all copies of the Licensed Software and all of its component parts including any Licensed Software stored on the hard disk of any computer or game console.  If you continue to use the Licensed Software after your right to do so has been terminated, you acknowledge that you are engaging in copyright infringement.

 

2.3        Ownership.  SQUARE ENIX (and, to the extent applicable, its licensors) owns and shall retain all right, title and interest in and to the Service, the Licensed Software and all Documentation, and will be the sole owner of any and all data you generate through your use of the Service or the Licensed Software, including but not limited to, accounts, character attributes, statistics and assets. SQUARE ENIX owns all computer code, titles, themes, objects, characters, character names, animations, processes, likenesses, musical compositions and recordings, storylines, environments, buildings, artwork, sounds, and other intellectual property contained within the Licensed Software and Service. You receive only those limited rights to access and use the Licensed Software and all Documentation set forth herein.

PLEASE READ CAREFULLY:   YOU DO NOT OWN YOUR ACCOUNT OR CHARACTER, OR HAVE ANY PROPERTY RIGHTS TO YOUR CHARACTER OR ITS VIRTUAL ASSETS OR DATA, ALL OF WHICH YOU AGREE ARE MONETARILY WITHOUT VALUE.  YOU MAY NOT SELL, RENT, OR REPRODUCE ANY CHARACTER OR ANY VIRTUAL ASSETS ASSOCIATED WITH SUCH CHARACTER OR WITH ANY ACCOUNT CONTROLLED BY YOU FOR ANY COMMERCIAL PURPOSE.  IF YOU DO SO, THIS LICENSE IS IMMEDIATELY TERMINATED.

THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROTECTED BY INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS, AND INTERNATIONAL TREATIES, AND INCLUDE TRADE SECRETS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE LICENSED SOFTWARE IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. SQUARE ENIX, FINAL FANTASY and FFXI are registered trademarks or trademarks of Square Enix Co., Ltd. or Square Enix Holdings Co., Ltd. and may not be reproduced, altered, or used in any way without the prior, written consent of SQUARE ENIX.

 

2.4        Restrictions.  To the maximum extent permitted by law, you may not: (a) modify, reverse engineer, decompile, “hack,” or disassemble the Licensed Software; (b) rent, lease, sublicense, distribute, or transmit the Licensed Software to any third party; (c) rent, lease, sell, distribute or transmit or otherwise transfer your user or other account related information relating to the Service (including without limitation your Registration Code, any User identification provided to you or password information) (d) make any copy of or otherwise reproduce the Licensed Software; (e) infringe any copyright, trademark rights, or any other intellectual property rights of SQUARE ENIX or its licensors or, (f) use the Licensed Software to provide service bureau or time-sharing services (e.g., cybercafés), or for any other commercial purpose. The Licensed Software is for your personal use only and may not be copied, leased, or made available for use by others.

 

2.5        Ownership of Derivative Works.  You acknowledge and agree that any authorized or unauthorized derivative works of the Licensed Software, or the Documentation, are the sole and exclusive property of SQUARE ENIX.  To the furthest extent permissible in the relevant jurisdiction, you hereby irrevocably assign to SQUARE ENIX all right (for the Japanese Region only, including those rights set forth in articles 27 and 28 of Japanese Copyright Law), title, and interest in and to any and all such authorized or unauthorized derivative works of the Licensed Software created by you or on your behalf.  SQUARE ENIX reserves its right, in its sole discretion, to request that any such derivative works possessed or otherwise controlled by you be delivered to SQUARE ENIX or be destroyed.

 

2.6        Patches and Updates.  SQUARE ENIX will deploy patches, updates and modifications to the Licensed Software that must be installed for you to continue to use the Licensed Software.  You hereby consent to SQUARE ENIX deploying these without providing you with notice in each instance. You also acknowledge and agree that any and/or all patches, updates and modifications to the Licensed Software may be provided to you from other Users’ computers or game consoles (as applicable) through peer-to-peer communications (“Peer-to-Peer Update”).  Your IP address may be inadvertently disclosed to other Users through Peer-to-Peer Update and SQUARE ENIX reserves the right to collect the log data of Peer-to-Peer Update for system maintenance purposes.

2.7        Right to Change or Terminate the Service.  The Service is provided by SQUARE ENIX for so long as SQUARE ENIX wishes to operate the Service in its sole discretion.  The Service may be modified, suspended, restricted, or terminated, or otherwise discontinued by SQUARE ENIX without liability to you.

 

2.8        Changes to the Agreement.  SQUARE ENIX reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement at any time.  If any future changes to this License Agreement are unacceptable to you, you may terminate this License Agreement by uninstalling the Software and destroying your copy. Your installation and use of any of SQUARE ENIX’s updates or modifications to the Licensed Software or Service following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes.

 

Article 3: User Responsibilities

 

3.1        Service Access.  You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers or video game consoles) and communications services (including, without limitation, Internet access) necessary to access the Service and use the Licensed Software, and for ensuring such equipment and services are compatible with all requirements of the Service and Licensed Software.

 

3.2        Personal Information Management.  You understand that your use of the Licensed Software in connection with the Service will require that you disclose to SQUARE ENIX certain personally identifiable information, and that such information is subject to SQUARE ENIX’s Privacy Policy, which contains important information on how SQUARE ENIX collects and uses information from you. You understand that it is your sole responsibility to review the Privacy Policy from time to time for any changes or revisions thereto.  Data submitted by you in Europe will be subject to the EMEA Region Privacy Policy in the form of http://www.square-enix.com/eu/en/privacy/ and by clicking the “Yes” button you unconditionally and irrevocably agree to the terms of the Privacy Policy as varied and/or amended from time to time.

 

3.3        Indemnification.  You will indemnify, defend, and hold SQUARE ENIX harmless against any and all claims, suits, actions, expenses, attorney fees and other legal fees and costs arising from your use of the Licensed Software (whether alone or in connection with the Service) and relating to (a) your breach of any provision of this License Agreement, or the inaccuracy of any of your representations made in this Agreement or made in connection with your registration of any SQUARE ENIX product or Service; (b) your violation or infringement of any proprietary or privacy rights of SQUARE ENIX, its affiliates, or any third party; or (c) any third-party claims arising out of or relating to your use of the Licensed Software (whether alone or in connection with the Service).

 

Article 4: Disclaimer and Limitation of Liability

 

4.1        Limited Warranty.  SQUARE ENIX warrants to the original purchase of the Licensed Software that the physical media containing the Licensed Software (which includes any replacement physical media provided under this Limited Warranty) will be free from defects in materials and workmanship for a period of ninety (90) days from the date of purchase (the “Warranty Period”).  SQUARE ENIX’s entire liability and your exclusive remedy under this Limited Warranty shall be, at Square Enix’s option, repair or replacement, without charge, of the whole or affected portion of any Licensed Software that proves to be defective in material or workmanship during this Warranty Period.  Please see the Documentation provided in the Licensed Software for more details.

4.2        Disclaimer.  You understand and acknowledge that your use of the Licensed Software (whether alone or in connection with the Service) may result in unpredictable damage or loss to you, including, without limitation, computer damage or unexpected results or loss of data, including character and account loss. All products and services relating to this Agreement, including, without limitation, the Licensed Software and the Documentation, are provided "AS IS" without warranty of any kind except as explicitly set forth therein. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  SQUARE ENIX MAKES NO PROMISE OR OTHER WARRANTY THAT THE LICENSED SOFTWARE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.  SQUARE ENIX does not warrant that the Licensed Software will meet your expectations or requirements, or that the operation of the Licensed Software will be uninterrupted or error free. The entire risk as to the quality and performance of the Licensed Software is with you. 

 

4.3        Limitation of Liability.

 

(a)  You are not entitled to receive damages from SQUARE ENIX for any claim arising out of or relating to this Agreement, your use of the Licensed Software (whether alone or in connection with the Service), or loss of data, or loss of access to the Service, or to any materials or services provided by any third party in connection with your use of the Licensed Software.  In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SQUARE ENIX or with the distribution, operation, development, or performance of the Licensed Software the Game or any related products.

 

(b)  THE FOLLOWING SUB-CLAUSE 4.3(b) SHALL ONLY APPLY TO USERS IN THE AMERICAN REGION AND EMEA REGION: IN NO EVENT SHALL SQUARE ENIX BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

(c)  WITHOUT LIMITING SUB-CLAUSE 4.3(b) ABOVE IN NO EVENT WILL SQUARE ENIX’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO SQUARE ENIX AS YOUR SUBSCRIPTION FEE FOR USE OF THE SERVICE AND/OR ANY RELATED PRODUCTS OR SERVICES INCLUDING WITHOUT LIMTATION THE LICENSED SOFTWARE.

(d)  Nothing in this License Agreement shall limit or exclude SQUARE ENIX’s liability to Users in the European Union for negligence for death or personal injury to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.

(e)  Certain jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this clause 4.3.  Nothing in this clause 4.3 shall affect your statutory rights which may vary from jurisdiction to jurisdiction.

 

4.4   Consent to Disclosure.  In order to protect SQUARE ENIX’s staff and customers, SQUARE ENIX may cooperate with government law enforcement with or without the receipt of a formal subpoena or search warrant.  You acknowledge and consent that SQUARE ENIX may provide your electronic communications and data, including emails and chat logs, to such government authorities, without any liability to you or any third party.

 

Article 5: General Terms

 

5.1        Informal Dispute Resolution.  It is SQUARE ENIX’s goal to informally resolve legitimate consumer disputes without resort to formal litigation.  Therefore, prior to filing any formal legal action against SQUARE ENIX, you agree to a make good faith attempt to informally resolve your grievance by sending a detailed letter with current contact information by Registered Mail or Overnight Delivery to the SQUARE ENIX office in your Region.   You agree to allow SQUARE ENIX 30 days to contact you to attempt to resolve the dispute.  If you file a formal legal action without abiding by Section 5.1 and the action is unsuccessful, you agree that you will be responsible for SQUARE ENIX’s costs and reasonable attorney’s fees incurred as a result of the unsuccessful action.  The addresses are as follows:

(a)    American Region:  Square Enix, Inc., 999 North Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245 USA.

Attention: Legal Department

(b)   EMEA Region:  Square Enix Ltd., Company No. 01804186 Wimbledon Bridge House, 1 Hartfield Road, Wimbledon, London SW19 3RU UNITED KINGDOM

Attention: Legal Department

(c)    Japanese Region:  Square Enix Co., Ltd., Shinjuku Bunka Quint Bldg., 3-22-7 Yoyogi, Shibuya-ku, Tokyo 151-8544 JAPAN

Attention:  Contact Point of FINAL FANTASY XI

 

5.2        Governing Law and Jurisdiction. 

(a)    For American Region Users:  This License Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with California law, without reference to its rules regarding conflicts of law, unless the statutory law of a jurisdiction outside of North America requires local law to apply. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of the State of California and of the United States of America located in the County of Los Angeles for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software.

(b)   For EMEA Region Users:  This License Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the License Agreement (including any such dispute or claim)  to the exclusive jurisdiction of the English courts  for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software, except that nothing in this License Agreement shall limit Square Enix Ltd.’s right to bring any action against any part in any other court of competent jurisdiction nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions for any other jurisdiction (whether concurrently or not) to the extent permitted by law of such other jurisdiction.

(c)    For Japanese Region Users:  This License Agreement shall be governed by and construed in accordance with the laws of Japan, without reference to its rules regarding conflicts of law. Each party hereto hereby irrevocably submits and consents to the sole and exclusive jurisdiction of the courts of Tokyo Districted Court of Japan for the first instance for any action, suit or proceeding arising out of or relating to this License Agreement or the Licensed Software. 

 

5.3    Severability.  If any sentence or any provision of this License Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this License Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

 

5.4    No Waiver.  No waiver by SQUARE ENIX of any term, provision or condition of this License Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this License Agreement. No SQUARE ENIX customer service representative or any other personnel of SQUARE ENIX who interacts with you is legally empowered to bind SQUARE ENIX to any amendment or waiver of the terms of this License Agreement.

 

5.5    Entire Agreement.  This License Agreement, together with the User Agreement, the Square Enix ID Agreement, the Privacy Policy, and any other terms of use relevant to your use of the Licensed Software, constitutes the entire understanding and agreement between the parties with respect to your use of the Licensed Software and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This License Agreement shall form a part of your User Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this Agreement and the User Agreement, the terms of the User Agreement shall prevail; provided, however, that for all matters that are not covered in this Agreement, the terms of the User Agreement, the Square Enix ID Agreement, or the Privacy Policy (as applicable) shall continue to apply.

 

5.6    International Law.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement.

 

Article 6: The following provisions shall apply to the American Region only: 

6.1     U.S. Government Restricted Rights.  The Licensed Software is provided with RESTRICTED RIGHTS. If this software is licensed by or for any unit or agency of the United States Government, then this software will be classified as "commercial computer software," as that term is defined in the applicable provisions of the Federal Acquisition Regulations and supplements (the "FAR"), including the Department of Defense ("DoD") FAR Supplement (the "DFARS"). This software was developed exclusively at private expense, and no part of this software was first produced in the performance of a United States Government contract. If this software is supplied for use by the DoD, this software is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227-7013(c), as applicable. If this software is supplied for use by a Federal agency other than DoD, this software is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212; (ii) FAR 52.227-19; or (iii) FAR 52.227-14, as applicable.

 

6.2    Export Rules. You agree that the Licensed Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Licensed Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria) and that you are not otherwise prohibited under the Export Laws from receiving the Software.

Article 7:  DNAS AND PERIPHERAL DISCLAIMERS FOR PLAYSTATION®2 USERS

 

The terms of this Section 7 are applicable only to those Users accessing and using the Licensed Software from a PlayStation®2 computer entertainment system.

 

7.1       DNAS.  In order to participate and use the Game with a PlayStation®2 computer entertainment system, the User will access and use “DNAS” (Dynamic Network Authentication System), proprietary authentication software, servers and system created by Sony Computer Entertainment Inc. (“SCEI”). SQUARE ENIX is required to inform User of and obtain User’s agreement to the following:

 

7.2  DNAS Disclaimer.  The Licensed Software uses “DNAS” (Dynamic Network Authentication System), a proprietary authentication system created by SCEI. “DNAS” retrieves information about a User’s hardware and software for authentication, copy protection, account blocking, system, rules, game management, and other purposes. The information collected does not identify the User personally; provided, however, that SQUARE ENIX can combine this information with personally identifying information from SQUARE ENIX’s records if the User provides the personally identifying information to SQUARE ENIX. Before providing any personal information to SQUARE ENIX, a User should review SQUARE ENIX’s privacy policy and terms and conditions of use and should not provide personally identifying information to SQUARE ENIX unless the User first accepts the conditions of use and terms of SQUARE ENIX’s privacy policy. SCEI and its affiliates cannot guarantee the continuous operation of the “DNAS” servers. SCEI shall not be liable for any delay or failure of the “DNAS” servers to perform. If you receive a message during login identifying a “DNAS” authentication error, please contact SCEI. For additional information concerning “DNAS”, visit your region’s Playstation website (e.g., www.us.playstation.com/DNAS). In the event of a systems incompatibility or inoperability with “DNAS”, the sole liability of SCEI and their affiliates shall be limited to the repair or replacement of the affected User’s game software, console or peripherals, at the sole option of SCEI. SCEI, its parents, affiliates, and licensed game publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto.

SQUARE ENIX is not responsible for “DNAS”, and you agree that SQUARE ENIX shall have no liability or other responsibility for any claim or liability in connection with your use of or access to, or your inability to use or access, “DNAS”.


7.3  Peripheral Disclaimer.  SQUARE ENIX MAKES NO PROMISE OR OTHER WARRANTY THAT THE GAME OR THE PLAYONLINE VIEWER WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE CREATED BY SCEA, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.

 

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