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FINAL FANTASY® XI User Agreement

Last Updated: 7/27/2011

PLEASE NOTE THAT THE FOLLOWING AGREEMENT SUPERCEDES THE PLAYONLINE® MEMBER AGREEMENT AND ANY PRIOR FINAL FANTASY XI USER AGREEMENTS.  THE TERMS CONTAINED HEREIN WILL GOVERN ALL FUTURE ACTIVITIES INVOLVING FINAL FANTASY XI.

Welcome to FINAL FANTASY® XI (the “Game” or the “Service”).  In order to play the Game, you (“You” or “User”) must first agree to this FINAL FANTASY XI User Agreement (“User Agreement”) between you and Square Enix, Inc. (“SQUARE ENIX”).  PLEASE READ THIS USER AGREEMENT CAREFULLY.  If you agree by checking the box next to the statement “I accept the User Agreement” or “I accept the terms of the above agreement(s)” you declare that you have read this User Agreement, you understand the terms of this User Agreement, and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian.  Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game.  No one under the age of 13 may play the Game.

If you reject this User Agreement, then you will not be authorized to play the Game.  In that case, you may either return the Game to the place of purchase subject to that retailer’s guidelines, or you may contact SQUARE ENIX to request a full discretionary refund (which will not include shipping and handling) if all of the following conditions are met:

(1)     You are unable to obtain a refund or exchange from the place of purchase; and

(2)     You request the refund within thirty (30) days of purchase; and

(3)     You have not already accepted this User Agreement; and

(4)     You have not already entered the Registration Code accompanying your copy of the Game; and

(5)     You purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada.

Your special attention is directed to Section 4, which concerns the auto-renewing subscription process.


1.  YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS

The Game includes software that is installed on your computer, as periodically updated by SQUARE ENIX (“Licensed Software”), as well as data that SQUARE ENIX maintains on its servers.  Subject to your continued compliance with the conditions set forth in this User Agreement, SQUARE ENIX grants you a limited license to use the Game.  In order to play the Game, in addition to this User Agreement, you must also agree to the FINAL FANTASY XI Software License Agreement (“License Agreement”), which grants you a license to use the Licensed Software required to play the Game, the SQUARE ENIX Privacy Policy available at www.playonline.com/ff11us/support (“Privacy Policy”), and the Square Enix Account Terms of Use.  The License Agreement, Privacy Policy and Square Enix Account Terms of Use are incorporated by reference into this User Agreement (collectively, the “Agreements”).  The terms of this User Agreement supersede any conflicting terms in any edition of the FINAL FANTASY XI User Manual.

All aspects of the Game (including but not limited to the Game computer code, updates, patches, expansion packs, characters, character names, character data, virtual items, character profile information, (non-personal) account information, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by SQUARE ENIX or its licensors.  You do not have any property rights in the service account you use to play the Game (“FINAL FANTASY XI Service Account”).

YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FINAL FANTASY XI SERVICE ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS.  YOU AGREE THAT YOUR FINAL FANTASY XI SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE.  SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FINAL FANTASY XI SERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.

2.  LICENSE LIMITATIONS

The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players.  In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of SQUARE ENIX, the activities identified in this Section 2 (“License Limitations”) are strictly prohibited and violate the conditions or limitations on your license to use the Game.  Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license.  Use of the Game in excess of these provisions, or use at all after  your license is revoked (including loading the Game into your computer’s RAM), infringes SQUARE ENIX’s copyrights to the Game.

Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved.  You agree that offering or providing banned services to other players of the Game constitutes improper interference with SQUARE ENIX’s contracts with such players, and SQUARE ENIX reserves the right to take formal legal action against you if you do so, without warning. 

SQUARE ENIX may update the list of License Limitations at www.playonline.com/ff11us/support at any time.  The current License Limitations are as follows:

2.1  Cheating and Botting.  You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorized software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.

                2.2  Real Money Trading, Farming and Power-Leveling.  You may not sell, purchase or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items.  You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including “gold-farming” and power-leveling services.

2.3  Commercial Use.  You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without SQUARE ENIX’s prior written consent.

2.4  Private Servers.  You may not create, operate, participate in or use any unauthorized servers intended to emulate the Game.

2.5  Data Mining.  You may not intercept, mine or otherwise collect information from the Game using unauthorized third party software.

2.6  Hacking and Circumvention.  You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.

2.7  Modifying or Creating Derivative Software.  You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by SQUARE ENIX, and may not make any derivative works of the Game.

 

2.8  Commercial Spamming/Spimming.  You may not use (or abuse) the in-game chat and message services to distribute advertisements.

 

3.  PROHIBITED ACTIVITIES

In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game (“Prohibited Activities”).  In its discretion, SQUARE ENIX may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following: 

·         Issuing a warning;

·         Placing a character in a “virtual jail” for a specified period of time;

·         Removing or deleting ill-gotten in-game items or currency;

·         Temporarily suspending an account;

·         Permanently terminating an account;

·         Permanently banning your IP address, residential address, or credit card number;

·         Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or

·         Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.

In addition, SQUARE ENIX shall be entitled to terminate any FINAL FANTASY XI Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by SQUARE ENIX and who SQUARE ENIX believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) SQUARE ENIX believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind. 

SQUARE ENIX may update the list of Prohibited Activities at www.playonline.com/ff11us/support at any time.  The current Prohibited Activities are as follows:

 

3.1  Sharing Account Information.  You may not share your account or login information (such as your PlayOnline ID, Square Enix ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX.  You are responsible for maintaining the confidentiality of your account and login information, even from your friends and family.  If you violate this provision, you may unexpectedly lose access to your account to a third party without recourse against SQUARE ENIX. SQUARE ENIX will not be obliged to credit your SQUARE ENIX Account with Crysta or other points or awards, which may have been used by a third party as a result of the violation of this clause.

 

3.2  Disruption.  You may not in any way disrupt or interfere with the Game experience of other players, including the disruption of SQUARE ENIX’s computers and servers.

3.3  Profanity and Offensive Language.  You may not use profanity or any language that a reasonable person would find offensive.  The Game is for players aged 13 and older.  You agree to behave accordingly.

 

3.4  Impersonation.   You may not impersonate any person or entity or fraudulently hold yourself out as a SQUARE ENIX employee, representative, or any other SQUARE ENIX-connected person or being affiliated with any such person or entity.  This means you cannot log into someone else’s account, or deceive or mislead other people as to your identity.  For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users. 

 

3.5  Naming Right.  You may not use any name or other intellectual property belonging to SQUARE ENIX or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product, or superhero).

 

3.6  Any Illegal Activities.  You may not conduct any illegal activities whatsoever in connection with the Game.  This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment, and fraud.

 

3.7  False Account Information.  You may not provide SQUARE ENIX with false information during the registration process.  Any inaccurate or non-current account information may make it impossible for SQUARE ENIX to provide you with notice.

 

3.8  Chargebacks.  You are authorizing all fees charged under this User Agreement until you properly deactivate your account.  Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize the automatic recurring charge.  If you are using a parent’s credit card, you must have their authorization for recurring billing.

 

3.9  Non-Commercial Spamming/Spimming.  You may not use (or abuse) the in-game chat and message services to harass other players.

 

4.  BILLING PROCEDURES AND RECURRING TRANSACTIONS

                4.1  FINAL FANTASY XI Subscription Fees.  In order to access SQUARE ENIX’s servers to play the Game, you must agree to a recurring subscription (“Subscription”) with a minimum subscription term of 30 days, and pay a recurring subscription fee (“FINAL FANTASY XI Subscription Fee”), which includes the fee for at least one playable character (“Playable Character” and “Playable Character Fee”).  Playable Characters are also referred to in this User Agreement and the billing system as “Options,” and Playable Character Fees are referred to in this User Agreement and the billing system as “Option Fees.”  The minimum FINAL FANTASY XI Subscription Fee includes the Playable Character Fee for one Playable Character.  For each additional Playable Character you activate, your FINAL FANTASY XI Subscription Fee will increase.  You may activate a limited number of Playable Characters.  Fee rates will be posted at www.playonline.com/ff11us/support, and any changes to those Fee rates will be posted with 30 days’ advance notice and notice will be provided to the Game community.  SQUARE ENIX may change Fee rates at any time in its sole discretion upon reasonable efforts to provide notification to you. All FINAL FANTASY XI Subscription Fees are billed in advance.  All FINAL FANTASY XI Subscription Fees are non-refundable, with the limited exception in Section 4.7 below. 

4.2  Thirty Days of Free Play Included with New Purchase of Licensed Software.  The first 30 days of gameplay (“Free Period”) is included with your purchase of the Licensed Software in new, unwrapped condition from an authorized vendor.  After the Free Period has ended, you have received all rights to access SQUARE ENIX’s servers included with the Licensed Software.  If you are accidently charged within the Free Period, please contact the Square Enix Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.  Please note that if you elect to continue your Subscription after the Free Period ends, this charge would properly apply for your next Billing Cycle and a refund will likely be unnecessary.

4.3  Recurring Subscription.   When the Free Period ends, all players who choose to continue playing the Game will automatically become subject to a recurring subscription.  The recurring FINAL FANTASY XI Subscription Fee will be charged in full at the beginning of each chosen billing cycle (“Billing Cycle”).  Billing Cycles are discussed in Section 4.4 below.  Square Enix may provide prior notice of an impending charge during the login process or via email to your registered email account.  Subject to the limited exception for initial charges for certain new Option Fees explained in Section 4.3(a), all recurring Fees (such as “3 additional Playable Character Fees”) will be combined in a single FINAL FANTASY XI Subscription Fee billed on the same date, no matter when in the Billing Cycle any particular Option (for example, an additional Playable Character) was added to the account. 

If you select a longer Billing Cycle, the FINAL FANTASY XI Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once).  All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle that charge is non-refundable, subject to the limited exception in Section 4.7 below.  You agree to pay the appropriate amount each Billing Cycle until you deactivate your FINAL FANTASY XI Service Account by following the procedures explained at www.playonline.com/ff11us/support.  If you deactivated before the beginning of the next Billing Cycle, yet were billed for the next Billing Cycle, please contact the Square Enix Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.

 (a)  Pro Rata Billing for Options.  If you add a new Option in the middle of a Billing Cycle, the initial Option Fee for that Option will be adjusted on a pro rata basis and charged immediately, subject to our minimum transaction fee.  For example, if you add a Playable Character on the 15th day of a 30-day Billing Cycle, you will be billed for the remaining 16 days in your 30-day Billing Cycle.  Please note that the minimum transaction fee allowed by our billing system for credit card/debit card users at any time when adding a new Option is currently USD$1.00 per Option (and subject to change upon notice to you), even if the prorated charge for each Option would otherwise be less than USD$1.00.  For example, if the prorated initial Option Fee for each of 2 new Options is only USD$0.27 for each Option (USD$0.54 total), you will be charged USD$2.00.  

4.4  Billing Cycles.  A single Billing Cycle will apply to all recurring Fees. When you first register to play the Game or first commit to a Subscription, you will be given an opportunity to increase the default 30-day Billing Cycle to 60 days or 90 days.  If you choose to increase the length of your Billing Cycle, you will be rewarded with a reduced FINAL FANTASY XI Subscription Fee.  Please note that you are only receiving a discounted monthly FINAL FANTASY XI Subscription Fee because you are agreeing to prepay for a longer period, and no refunds will be given if you choose to stop playing the Game before the prepaid period ends.  You should not change the default 30-day Billing Cycle unless you are prepared to prepay for the longer Billing Cycle.  Please note that Billing Cycles are equivalent to the length of your recurring Subscription term, or “Period Length,” a term that appears throughout your user manual.

4.5  Changes to Billing Cycles.  You may increase or decrease the length of subsequent Billing Cycles at any time.  However, the change will not take place until the end of the current Billing Cycle.  For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.

4.6  Failed Transactions.  If SQUARE ENIX’s attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue.  If you have lost access, your next Billing Cycle will begin on the date you successfully pay.  SQUARE ENIX does not charge late fees or interest for access to the Game.

4.7 Pro Rata Refunds in Exceptional Circumstances Only.  The entirety of your FINAL FANTASY XI Subscription Fee is applied by SQUARE ENIX to the FINAL FANTASY XI Service Account on the day that it is charged.  All charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by SQUARE ENIX.  Therefore, if you deactivate your FINAL FANTASY XI Service Account in the middle of a 90-day Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.

Notwithstanding the foregoing, if SQUARE ENIX revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your FINAL FANTASY XI Service Account and will immediately lose access to the Game.  In such circumstances, upon request, and if the revision was material, SQUARE ENIX may refund you a portion of the most recently-billed FINAL FANTASY XI Subscription Fee.  In order to combat fraud, SQUARE ENIX will only issue these extraordinary refunds to the payment method(s) used for the relevant transaction(s).

4.8  Deactivation of Subscription.  You may deactivate your FINAL FANTASY XI Service Account and/or any individual Options at any time.  If you deactivate your FINAL FANTASY XI Service Account, you will be required to deactivate all Options.  Other than the exception explained in Section 4.3(a), no further billing related to the deactivated FINAL FANTASY XI Service Account or Option will occur until you reactivate by following the procedures explained at www.playonline.com/ff11us/support.  If you believe that you have been accidently charged by SQUARE ENIX after you deactivated, please contact the SQUARE ENIX Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.

4.9  Reactivation of FINAL FANTASY XI Service Account or Option.  You may reactivate your FINAL FANTASY XI Service Account or an Option at any time, so long as the Game is still made available by SQUARE ENIX and account-related data has not been deleted or corrupted.  If you reactivate your FINAL FANTASY XI Service Account or Option prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another FINAL FANTASY XI Subscription Fee for that period.  Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your FINAL FANTASY XI Service Account (subject to adjustment by SQUARE ENIX).

4.10  About FINAL FANTASY XI Service Accounts.  You may have a limited number of FINAL FANTASY XI Service Accounts attached to a single SQUARE ENIX Account. 

5.  INTERRUPTION TO THE SERVICE

 

From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for SQUARE ENIX to conduct routine maintenance on the computers and/or servers that support the Game.  During these times, access to the Game or support services may be interrupted.  Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond SQUARE ENIX’s control, or any other reasons for which SQUARE ENIX, in its sole discretion, deems that temporary suspension is necessary.  You acknowledge that disruptions of service may occur and waive any causes of action against SQUARE ENIX in any way or right to a refund arising from or related to any such disruptions of service.

 

6.  INTERNET ACCESS AND EQUIPMENT

 

You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and Internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.

 

7.  PRIVACY AND USE OF INFORMATION

 

By playing the Game, you agree to SQUARE ENIX’s Privacy Policy, which is incorporated into this User Agreement by reference.   The Privacy Policy governs how SQUARE ENIX will use and share your information, except as modified herein.  You agree that SQUARE ENIX may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information.  You acknowledge that SQUARE ENIX will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements.

In order to protect SQUARE ENIX’s staff and customers, SQUARE ENIX may cooperate with federal, state and local 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 e-mails and chat logs, to such government authorities, without any liability to you or any third party.  You hereby provide your consent to such actions. 

8.  BUDDY PASSES

Certain packages of FINAL FANTASY XI come with a special registration code (“Buddy Pass”) that will allow a holder to invite a friend to try aspects of FINAL FANTASY XI for a limited time.  If you have a Buddy Pass, you may lend your Licensed Software to another person in the North American Region for this limited purpose.  Section 2.1 of the License Agreement you previously entered into is hereby temporarily modified to allow for the limited and restricted use of the Licensed Software in connection with a Buddy Pass.  The user of the Buddy Pass will have to agree to a series of agreements, including but not limited to, the License Agreement, the Square Enix Account Terms of Use and this User Agreement in order to install and use the Licensed Software.  Access to the Game via a Buddy Pass may be terminated by SQUARE ENIX at any time, for any reason, with or without prior notice.    

9.  TERM AND TERMINATION

This User Agreement will begin when you first agree to it and will remain in effect until terminated.  SQUARE ENIX may terminate this User Agreement at any time without notice.  SQUARE ENIX reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users.  As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game.  Upon any termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession.    The following sections shall survive any termination of this User Agreement:  1 (excluding the terminated license grant), 2, 3, 4, 7, 9 and 10. 

10.  GENERAL TERMS

                10.1  Indemnification.  You agree to indemnify and hold harmless SQUARE ENIX and its parent, subsidiaries, affiliates, partners, officers, employees and agents from any claim, demand, or loss (including reasonable attorney’s fees and court costs) incurred due to your usage of the Game, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement, or your violation of any rights of another User.

                10.2  Disclaimer of Warranties.  ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. 

10.3  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, Inc. Legal Department, 999 North Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245 USA.   You agree to allow SQUARE ENIX thirty (30) days to contact you to attempt to resolve the dispute.  If you file a formal legal action without abiding by this section 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. 

10.4  Limited Liability/Remedy.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE GAME OR OTHER MATERIALS PROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY.  UNDER NO CIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REPLACEMENT COPY OF THE GAME, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

10.5  Injunctive Relief.  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 Game or any related products or services.

10.6  Choice of Law and Venue.  This User Agreement and all actions arising out of or related to your use of the Game or this User Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law provisions.  Any actions arising out of or related to your use of the Game or this User Agreement shall be heard in the courts located within the County of Los Angeles, California.

10.7  User Disputes.  You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute.  SQUARE ENIX shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.

10.8  Severability.  If any sentence or any provision of this User 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 User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

                10.9  No Waiver.  No waiver by SQUARE ENIX of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User 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 User Agreement.

10.10  Assignment.  SQUARE ENIX shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to a third party at any time without notice to Users.  Each User’s rights are personal to such User and may not be assigned.

                10.11  Entire Agreement.  This User Agreement, together with the License Agreement, the Square Enix Account Terms of Use, the Privacy Policy, and any other terms of use relevant to your use of the Game, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game 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 User Agreement shall form a part of your License Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this User Agreement and the License Agreement, the terms of this User Agreement shall prevail; provided, however, that for all matters that are not covered in this User Agreement, the terms of the License Agreement, the Square Enix Account Terms of Use, or the Privacy Policy (as applicable) shall continue to apply. 

10.12  Changes to this User 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 User Agreement or the way that the Game operates at any time.  SQUARE ENIX will notify you of such changes in one of the following ways at its sole discretion:  through a patch, email, postal mail, website posting, pop-up screen or in-game notice.  If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies). Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.

 

11.  DNAS AND PERIPHERAL DISCLAIMERS FOR PLAYSTATION®2 USERS

 

The terms of this Section 11 are applicable only to those Users accessing and using the Game and the PlayOnline Viewer from a PlayStation®2 computer entertainment system.

 

11.1  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:

 

11.2  DNAS Disclaimer.  The Game 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. 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 the SQUARE ENIX’s privacy policy. SCEI, Sony Computer Entertainment America (“SCEA”) and their affiliates cannot guarantee the continuous operation of the “DNAS” servers. SCEA 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 SCEA Consumer Services at 1-866-466-5333. For additional information concerning “DNAS”, visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with “DNAS”, the sole liability of SCEI, SCEA 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 SCEA. SCEA, 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”.

11.2  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 User Agreement

Last Updated: 7/27/2011

PLEASE NOTE THAT THE FOLLOWING AGREEMENT SUPERCEDES THE PLAYONLINE® MEMBER AGREEMENT AND ANY PRIOR FINAL FANTASY XI USER AGREEMENTS.  THE TERMS CONTAINED HEREIN WILL GOVERN ALL FUTURE ACTIVITIES INVOLVING FINAL FANTASY XI.

Welcome to FINAL FANTASY® XI (the “Game” or the “Service”).  In order to play the Game, you (“You” or “User”) must first agree to this FINAL FANTASY XI User Agreement (“User Agreement”) between you and Square Enix, Inc. (“SQUARE ENIX”).  PLEASE READ THIS USER AGREEMENT CAREFULLY.  If you agree by checking the box next to the statement “I accept the User Agreement” or “I accept the terms of the above agreement(s)” you declare that you have read this User Agreement, you understand the terms of this User Agreement, and you agree to be bound by this User Agreement on behalf of yourself and, if you are under the age of 18, on your behalf by your parent or legal guardian.  Once you agree, you will be contractually bound to the terms below, which shall govern all aspects of your use of the Game.  No one under the age of 13 may play the Game.

If you reject this User Agreement, then you will not be authorized to play the Game.  In that case, you may either return the Game to the place of purchase subject to that retailer’s guidelines, or you may contact SQUARE ENIX to request a full discretionary refund (which will not include shipping and handling) if all of the following conditions are met:

(1)     You are unable to obtain a refund or exchange from the place of purchase; and

(2)     You request the refund within thirty (30) days of purchase; and

(3)     You have not already accepted this User Agreement; and

(4)     You have not already entered the Registration Code accompanying your copy of the Game; and

(5)     You purchased your copy of the Licensed Software in, and are currently located in, the United States or Canada.

Your special attention is directed to Section 4, which concerns the auto-renewing subscription process.


1.  YOUR LIMITED LICENSE TO THE GAME AND SERVICE AND LACK OF OWNERSHIP RIGHTS

The Game includes software that is installed on your computer, as periodically updated by SQUARE ENIX (“Licensed Software”), as well as data that SQUARE ENIX maintains on its servers.  Subject to your continued compliance with the conditions set forth in this User Agreement, SQUARE ENIX grants you a limited license to use the Game.  In order to play the Game, in addition to this User Agreement, you must also agree to the FINAL FANTASY XI Software License Agreement (“License Agreement”), which grants you a license to use the Licensed Software required to play the Game, the SQUARE ENIX Privacy Policy available at www.playonline.com/ff11us/support (“Privacy Policy”), and the Square Enix Account Terms of Use.  The License Agreement, Privacy Policy and Square Enix Account Terms of Use are incorporated by reference into this User Agreement (collectively, the “Agreements”).  The terms of this User Agreement supersede any conflicting terms in any edition of the FINAL FANTASY XI User Manual.

All aspects of the Game (including but not limited to the Game computer code, updates, patches, expansion packs, characters, character names, character data, virtual items, character profile information, (non-personal) account information, chat transcripts, artwork, plot, dialogue, locations, sounds and music) are owned by SQUARE ENIX or its licensors.  You do not have any property rights in the service account you use to play the Game (“FINAL FANTASY XI Service Account”).

YOU ACQUIRE NO OWNERSHIP OR PROPERTY RIGHTS IN ANY CHARACTER OR OTHER IN-GAME VIRTUAL GOOD, AND ARE ONLY LICENSED TO USE SUCH CHARACTERS AND ASSETS ASSOCIATED WITH YOUR FINAL FANTASY XI SERVICE ACCOUNT SUBJECT TO THE CONDITIONS SET FORTH IN THE AGREEMENTS.  YOU AGREE THAT YOUR FINAL FANTASY XI SERVICE ACCOUNT AND ANY VIRTUAL GOODS AND CHARACTERS DO NOT HAVE ANY MONETARY VALUE.  SQUARE ENIX MAY SUSPEND, TERMINATE, MODIFY, OR DELETE FINAL FANTASY XI SERVICE ACCOUNTS, CHARACTERS, VIRTUAL GOODS, OR THE SERVICE ALTOGETHER, AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE OR LIABILITY TO YOU.

2.  LICENSE LIMITATIONS

The Game is a carefully controlled environment designed to provide the maximum level of enjoyment for all players.  In order to preserve an enjoyable experience for all users, and to protect the intellectual property rights of SQUARE ENIX, the activities identified in this Section 2 (“License Limitations”) are strictly prohibited and violate the conditions or limitations on your license to use the Game.  Therefore, any use of the Game in violation of such restrictions exceeds the scope of the License granted to you and constitutes infringement of your license, and is grounds for immediate revocation of your license.  Use of the Game in excess of these provisions, or use at all after  your license is revoked (including loading the Game into your computer’s RAM), infringes SQUARE ENIX’s copyrights to the Game.

Violating these License Limitations may result in the suspension or permanent banning of your account, or such other lesser measures described in Section 3 which SQUARE ENIX may take in its sole discretion, or an action for copyright infringement or other legal claims, all of which are reserved.  You agree that offering or providing banned services to other players of the Game constitutes improper interference with SQUARE ENIX’s contracts with such players, and SQUARE ENIX reserves the right to take formal legal action against you if you do so, without warning. 

SQUARE ENIX may update the list of License Limitations at www.playonline.com/ff11us/support at any time.  The current License Limitations are as follows:

2.1  Cheating and Botting.  You may not create or use any cheats, bots, automation software, hacks, mods or any other unauthorized software designed to modify the Game and gameplay. In addition, you may not take advantage of game system bugs and exploits during gameplay.

                2.2  Real Money Trading, Farming and Power-Leveling.  You may not sell, purchase or exchange for real-world money or value any in-game currency, accounts, characters, in-game services, or in-game virtual items.  You may not play the Game for the purpose of acquiring virtual items or advancement in game play on behalf of a third-party or for the purpose of selling any virtual assets to a third party for real-world money, specifically including “gold-farming” and power-leveling services.

2.3  Commercial Use.  You may not exploit the Game for any commercial purpose (for example, advertising any product or service in-game, or use by the operator of a cyber café) without SQUARE ENIX’s prior written consent.

2.4  Private Servers.  You may not create, operate, participate in or use any unauthorized servers intended to emulate the Game.

2.5  Data Mining.  You may not intercept, mine or otherwise collect information from the Game using unauthorized third party software.

2.6  Hacking and Circumvention.  You may not hack, disassemble, decompile, or otherwise modify the Game or server computer code, whether the Game code is located on a DVD, Blu-rayTM disc, your computer/console or on SQUARE ENIX’s servers, except as expressly permitted by SQUARE ENIX or applicable law.

2.7  Modifying or Creating Derivative Software.  You may not modify or cause to be modified any files that are a part of the Game or Service in any way not expressly authorized by SQUARE ENIX, and may not make any derivative works of the Game.

 

2.8  Commercial Spamming/Spimming.  You may not use (or abuse) the in-game chat and message services to distribute advertisements.

 

3.  PROHIBITED ACTIVITIES

In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Game (“Prohibited Activities”).  In its discretion, SQUARE ENIX may use a variety of methods to deal with violations of this User Agreement and the Prohibited Activities, including, but not limited to, any of the following: 

·         Issuing a warning;

·         Placing a character in a “virtual jail” for a specified period of time;

·         Removing or deleting ill-gotten in-game items or currency;

·         Temporarily suspending an account;

·         Permanently terminating an account;

·         Permanently banning your IP address, residential address, or credit card number;

·         Asserting a lawsuit for breach of contract, copyright infringement, or other cause of action as may be applicable; and/or

·         Seeking injunctive relief in any court or jurisdiction to prevent you from continuing such activity.

In addition, SQUARE ENIX shall be entitled to terminate any FINAL FANTASY XI Service Account (immediately and without notice) of any User who (1) was previously suspended or terminated by SQUARE ENIX and who SQUARE ENIX believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination, or (2) SQUARE ENIX believes (in its sole discretion, based upon any information available, including registration and account information) that such User is enabling or assisting another User to conduct any Prohibited Activities of any kind. 

SQUARE ENIX may update the list of Prohibited Activities at www.playonline.com/ff11us/support at any time.  The current Prohibited Activities are as follows:

 

3.1  Sharing Account Information.  You may not share your account or login information (such as your PlayOnline ID, Square Enix ID and password) with anyone except your legal guardian, your minor child, or SQUARE ENIX.  You are responsible for maintaining the confidentiality of your account and login information, even from your friends and family.  If you violate this provision, you may unexpectedly lose access to your account to a third party without recourse against SQUARE ENIX. SQUARE ENIX will not be obliged to credit your SQUARE ENIX Account with Crysta or other points or awards, which may have been used by a third party as a result of the violation of this clause.

 

3.2  Disruption.  You may not in any way disrupt or interfere with the Game experience of other players, including the disruption of SQUARE ENIX’s computers and servers.

3.3  Profanity and Offensive Language.  You may not use profanity or any language that a reasonable person would find offensive.  The Game is for players aged 13 and older.  You agree to behave accordingly.

 

3.4  Impersonation.   You may not impersonate any person or entity or fraudulently hold yourself out as a SQUARE ENIX employee, representative, or any other SQUARE ENIX-connected person or being affiliated with any such person or entity.  This means you cannot log into someone else’s account, or deceive or mislead other people as to your identity.  For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users. 

 

3.5  Naming Right.  You may not use any name or other intellectual property belonging to SQUARE ENIX or any other third party in your use of the Game (for example, naming a character after a celebrity, company, product, or superhero).

 

3.6  Any Illegal Activities.  You may not conduct any illegal activities whatsoever in connection with the Game.  This includes every illegal activity not specifically highlighted above, including without limitation gambling, defamation, harassment, and fraud.

 

3.7  False Account Information.  You may not provide SQUARE ENIX with false information during the registration process.  Any inaccurate or non-current account information may make it impossible for SQUARE ENIX to provide you with notice.

 

3.8  Chargebacks.  You are authorizing all fees charged under this User Agreement until you properly deactivate your account.  Therefore, you may not falsely notify your credit card or debit card provider that you did not authorize the automatic recurring charge.  If you are using a parent’s credit card, you must have their authorization for recurring billing.

 

3.9  Non-Commercial Spamming/Spimming.  You may not use (or abuse) the in-game chat and message services to harass other players.

 

4.  BILLING PROCEDURES AND RECURRING TRANSACTIONS

                4.1  FINAL FANTASY XI Subscription Fees.  In order to access SQUARE ENIX’s servers to play the Game, you must agree to a recurring subscription (“Subscription”) with a minimum subscription term of 30 days, and pay a recurring subscription fee (“FINAL FANTASY XI Subscription Fee”), which includes the fee for at least one playable character (“Playable Character” and “Playable Character Fee”).  Playable Characters are also referred to in this User Agreement and the billing system as “Options,” and Playable Character Fees are referred to in this User Agreement and the billing system as “Option Fees.”  The minimum FINAL FANTASY XI Subscription Fee includes the Playable Character Fee for one Playable Character.  For each additional Playable Character you activate, your FINAL FANTASY XI Subscription Fee will increase.  You may activate a limited number of Playable Characters.  Fee rates will be posted at www.playonline.com/ff11us/support, and any changes to those Fee rates will be posted with 30 days’ advance notice and notice will be provided to the Game community.  SQUARE ENIX may change Fee rates at any time in its sole discretion upon reasonable efforts to provide notification to you. All FINAL FANTASY XI Subscription Fees are billed in advance.  All FINAL FANTASY XI Subscription Fees are non-refundable, with the limited exception in Section 4.7 below. 

4.2  Thirty Days of Free Play Included with New Purchase of Licensed Software.  The first 30 days of gameplay (“Free Period”) is included with your purchase of the Licensed Software in new, unwrapped condition from an authorized vendor.  After the Free Period has ended, you have received all rights to access SQUARE ENIX’s servers included with the Licensed Software.  If you are accidently charged within the Free Period, please contact the Square Enix Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.  Please note that if you elect to continue your Subscription after the Free Period ends, this charge would properly apply for your next Billing Cycle and a refund will likely be unnecessary.

4.3  Recurring Subscription.   When the Free Period ends, all players who choose to continue playing the Game will automatically become subject to a recurring subscription.  The recurring FINAL FANTASY XI Subscription Fee will be charged in full at the beginning of each chosen billing cycle (“Billing Cycle”).  Billing Cycles are discussed in Section 4.4 below.  Square Enix may provide prior notice of an impending charge during the login process or via email to your registered email account.  Subject to the limited exception for initial charges for certain new Option Fees explained in Section 4.3(a), all recurring Fees (such as “3 additional Playable Character Fees”) will be combined in a single FINAL FANTASY XI Subscription Fee billed on the same date, no matter when in the Billing Cycle any particular Option (for example, an additional Playable Character) was added to the account. 

If you select a longer Billing Cycle, the FINAL FANTASY XI Subscription Fee charged at the beginning of each Billing Cycle will include the entire covered term (meaning, if you choose a 90-day Billing Cycle, you will pay for all 90 days at once).  All charges will be automatically charged to your preselected payment method, and once you have been charged for a given Billing Cycle that charge is non-refundable, subject to the limited exception in Section 4.7 below.  You agree to pay the appropriate amount each Billing Cycle until you deactivate your FINAL FANTASY XI Service Account by following the procedures explained at www.playonline.com/ff11us/support.  If you deactivated before the beginning of the next Billing Cycle, yet were billed for the next Billing Cycle, please contact the Square Enix Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.

 (a)  Pro Rata Billing for Options.  If you add a new Option in the middle of a Billing Cycle, the initial Option Fee for that Option will be adjusted on a pro rata basis and charged immediately, subject to our minimum transaction fee.  For example, if you add a Playable Character on the 15th day of a 30-day Billing Cycle, you will be billed for the remaining 16 days in your 30-day Billing Cycle.  Please note that the minimum transaction fee allowed by our billing system for credit card/debit card users at any time when adding a new Option is currently USD$1.00 per Option (and subject to change upon notice to you), even if the prorated charge for each Option would otherwise be less than USD$1.00.  For example, if the prorated initial Option Fee for each of 2 new Options is only USD$0.27 for each Option (USD$0.54 total), you will be charged USD$2.00.  

4.4  Billing Cycles.  A single Billing Cycle will apply to all recurring Fees. When you first register to play the Game or first commit to a Subscription, you will be given an opportunity to increase the default 30-day Billing Cycle to 60 days or 90 days.  If you choose to increase the length of your Billing Cycle, you will be rewarded with a reduced FINAL FANTASY XI Subscription Fee.  Please note that you are only receiving a discounted monthly FINAL FANTASY XI Subscription Fee because you are agreeing to prepay for a longer period, and no refunds will be given if you choose to stop playing the Game before the prepaid period ends.  You should not change the default 30-day Billing Cycle unless you are prepared to prepay for the longer Billing Cycle.  Please note that Billing Cycles are equivalent to the length of your recurring Subscription term, or “Period Length,” a term that appears throughout your user manual.

4.5  Changes to Billing Cycles.  You may increase or decrease the length of subsequent Billing Cycles at any time.  However, the change will not take place until the end of the current Billing Cycle.  For example, if you agree to a 90-day Billing Cycle and decide 15 days later to reduce it to a 30-day Billing Cycle, the change will not occur until the 90-day Billing Cycle has ended, at which time, you will be switched to a 30-day Billing Cycle.

4.6  Failed Transactions.  If SQUARE ENIX’s attempt to charge/debit your preselected payment method fails, you may lose access to the Game when your Subscription expires until you resolve the issue.  If you have lost access, your next Billing Cycle will begin on the date you successfully pay.  SQUARE ENIX does not charge late fees or interest for access to the Game.

4.7 Pro Rata Refunds in Exceptional Circumstances Only.  The entirety of your FINAL FANTASY XI Subscription Fee is applied by SQUARE ENIX to the FINAL FANTASY XI Service Account on the day that it is charged.  All charges related to the Game are non-refundable unless third-party criminal activity is involved, as determined by SQUARE ENIX.  Therefore, if you deactivate your FINAL FANTASY XI Service Account in the middle of a 90-day Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to play the Game until the Billing Cycle ends.

Notwithstanding the foregoing, if SQUARE ENIX revises the License Agreement or this User Agreement and you reject either when they are first presented to you for acceptance, you will be required to deactivate your FINAL FANTASY XI Service Account and will immediately lose access to the Game.  In such circumstances, upon request, and if the revision was material, SQUARE ENIX may refund you a portion of the most recently-billed FINAL FANTASY XI Subscription Fee.  In order to combat fraud, SQUARE ENIX will only issue these extraordinary refunds to the payment method(s) used for the relevant transaction(s).

4.8  Deactivation of Subscription.  You may deactivate your FINAL FANTASY XI Service Account and/or any individual Options at any time.  If you deactivate your FINAL FANTASY XI Service Account, you will be required to deactivate all Options.  Other than the exception explained in Section 4.3(a), no further billing related to the deactivated FINAL FANTASY XI Service Account or Option will occur until you reactivate by following the procedures explained at www.playonline.com/ff11us/support.  If you believe that you have been accidently charged by SQUARE ENIX after you deactivated, please contact the SQUARE ENIX Support Center at www.playonline.com/ff11us/support for a refund upon confirmation.

4.9  Reactivation of FINAL FANTASY XI Service Account or Option.  You may reactivate your FINAL FANTASY XI Service Account or an Option at any time, so long as the Game is still made available by SQUARE ENIX and account-related data has not been deleted or corrupted.  If you reactivate your FINAL FANTASY XI Service Account or Option prior to the end of the current Billing Cycle (meaning, while you still have access), you will retain your original Billing Cycle and will not have to pay another FINAL FANTASY XI Subscription Fee for that period.  Otherwise, your new Billing Cycle will commence on or about the first day you reactivate your FINAL FANTASY XI Service Account (subject to adjustment by SQUARE ENIX).

4.10  About FINAL FANTASY XI Service Accounts.  You may have a limited number of FINAL FANTASY XI Service Accounts attached to a single SQUARE ENIX Account. 

5.  INTERRUPTION TO THE SERVICE

 

From time to time, in order to provide our customers with the optimal gaming experience, it is necessary for SQUARE ENIX to conduct routine maintenance on the computers and/or servers that support the Game.  During these times, access to the Game or support services may be interrupted.  Access may also be temporarily suspended in whole or in part, without notice, due to emergency repairs, fire, flood, explosion, war, strike, embargo, governmental action or failure to act, the act of any civil or military authority, act of God, or by any other causes beyond SQUARE ENIX’s control, or any other reasons for which SQUARE ENIX, in its sole discretion, deems that temporary suspension is necessary.  You acknowledge that disruptions of service may occur and waive any causes of action against SQUARE ENIX in any way or right to a refund arising from or related to any such disruptions of service.

 

6.  INTERNET ACCESS AND EQUIPMENT

 

You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, or videogame consoles) and Internet access necessary to play the Game, and for ensuring such equipment and services are compatible with all requirements of the Game.

 

7.  PRIVACY AND USE OF INFORMATION

 

By playing the Game, you agree to SQUARE ENIX’s Privacy Policy, which is incorporated into this User Agreement by reference.   The Privacy Policy governs how SQUARE ENIX will use and share your information, except as modified herein.  You agree that SQUARE ENIX may use the information you provide (such as IP address, e-mail address, or home address) in order to identify you and contact you to deliver notices, and may send you product-related marketing information.  You acknowledge that SQUARE ENIX will be monitoring your use of the Game to help you play the Game, for our internal analysis to help us improve our games and services, to investigate disruptive activities or Prohibited Activities, and to confirm that you are abiding by the terms of this User Agreement and related agreements.

In order to protect SQUARE ENIX’s staff and customers, SQUARE ENIX may cooperate with federal, state and local 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 e-mails and chat logs, to such government authorities, without any liability to you or any third party.  You hereby provide your consent to such actions. 

8.  BUDDY PASSES

Certain packages of FINAL FANTASY XI come with a special registration code (“Buddy Pass”) that will allow a holder to invite a friend to try aspects of FINAL FANTASY XI for a limited time.  If you have a Buddy Pass, you may lend your Licensed Software to another person in the North American Region for this limited purpose.  Section 2.1 of the License Agreement you previously entered into is hereby temporarily modified to allow for the limited and restricted use of the Licensed Software in connection with a Buddy Pass.  The user of the Buddy Pass will have to agree to a series of agreements, including but not limited to, the License Agreement, the Square Enix Account Terms of Use and this User Agreement in order to install and use the Licensed Software.  Access to the Game via a Buddy Pass may be terminated by SQUARE ENIX at any time, for any reason, with or without prior notice.    

9.  TERM AND TERMINATION

This User Agreement will begin when you first agree to it and will remain in effect until terminated.  SQUARE ENIX may terminate this User Agreement at any time without notice.  SQUARE ENIX reserves the right to discontinue publishing the Game in your country at any time, at which time the User Agreement will be terminated for all affected Users.  As described in Section 3 (Enforcement for Violations) above, breach of this User Agreement may automatically terminate your license to use the Game.  Upon any termination of this User Agreement, the License Agreement or the Square Enix Account Terms of Use, you must uninstall, delete and/or destroy all copies of the Game (including all of its component parts) in your possession.    The following sections shall survive any termination of this User Agreement:  1 (excluding the terminated license grant), 2, 3, 4, 7, 9 and 10. 

10.  GENERAL TERMS

                10.1  Indemnification.  You agree to indemnify and hold harmless SQUARE ENIX and its parent, subsidiaries, affiliates, partners, officers, employees and agents from any claim, demand, or loss (including reasonable attorney’s fees and court costs) incurred due to your usage of the Game, your engagement in Prohibited Activities, and/or arising out of or related to content you submit, post, link to, transmit, or make available through the Game, your violation of this User Agreement, or your violation of any rights of another User.

                10.2  Disclaimer of Warranties.  ASIDE FROM THE EXPRESS WARRANTY PROVIDED WITH THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GAME SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SQUARE ENIX IS MAKING THE GAME AVAILABLE "AS IS" WITHOUT ANY FURTHER WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE GAME. SQUARE ENIX DOES NOT WARRANT THAT THE GAME WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. 

10.3  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, Inc. Legal Department, 999 North Sepulveda Blvd., 3rd Floor, El Segundo, CA 90245 USA.   You agree to allow SQUARE ENIX thirty (30) days to contact you to attempt to resolve the dispute.  If you file a formal legal action without abiding by this section 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. 

10.4  Limited Liability/Remedy.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX AND/OR ITS AFFILIATES HAVE NO LIABILITY TO YOU WHATSOEVER, AND IN NO EVENT WILL SQUARE ENIX AND/OR ANY OF ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE GAME OR OTHER MATERIALS PROVIDED TO YOU BY SQUARE ENIX, REGARDLESS OF THE LEGAL THEORY.  UNDER NO CIRCUMSTANCES WILL SQUARE ENIX BE LIABLE TO YOU FOR MORE THAN A REPLACEMENT COPY OF THE GAME, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

10.5  Injunctive Relief.  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 Game or any related products or services.

10.6  Choice of Law and Venue.  This User Agreement and all actions arising out of or related to your use of the Game or this User Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law provisions.  Any actions arising out of or related to your use of the Game or this User Agreement shall be heard in the courts located within the County of Los Angeles, California.

10.7  User Disputes.  You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the Game, and for paying any and all expenses incurred by you in connection with resolving such dispute.  SQUARE ENIX shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.

10.8  Severability.  If any sentence or any provision of this User 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 User Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.

                10.9  No Waiver.  No waiver by SQUARE ENIX of any term, provision or condition of this User Agreement shall be deemed to be or construed as a waiver of any other term, provision or condition of this User 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 User Agreement.

10.10  Assignment.  SQUARE ENIX shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this User Agreement in whole or in part to a third party at any time without notice to Users.  Each User’s rights are personal to such User and may not be assigned.

                10.11  Entire Agreement.  This User Agreement, together with the License Agreement, the Square Enix Account Terms of Use, the Privacy Policy, and any other terms of use relevant to your use of the Game, such as the user manual, constitutes the entire understanding and agreement between the parties with respect to your use of the Game 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 User Agreement shall form a part of your License Agreement and is expressly incorporated into that agreement by this reference. In the event of any conflict between this User Agreement and the License Agreement, the terms of this User Agreement shall prevail; provided, however, that for all matters that are not covered in this User Agreement, the terms of the License Agreement, the Square Enix Account Terms of Use, or the Privacy Policy (as applicable) shall continue to apply. 

10.12  Changes to this User 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 User Agreement or the way that the Game operates at any time.  SQUARE ENIX will notify you of such changes in one of the following ways at its sole discretion:  through a patch, email, postal mail, website posting, pop-up screen or in-game notice.  If you do not agree to any such change or modification, you may terminate this User Agreement by uninstalling the Licensed Software and destroying your copy(ies). Your continued use of the Game following any revision to this User Agreement will demonstrate your full acceptance of any and all such changes.

 

11.  DNAS AND PERIPHERAL DISCLAIMERS FOR PLAYSTATION®2 USERS

 

The terms of this Section 11 are applicable only to those Users accessing and using the Game and the PlayOnline Viewer from a PlayStation®2 computer entertainment system.

 

11.1  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:

 

11.2  DNAS Disclaimer.  The Game 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. 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 the SQUARE ENIX’s privacy policy. SCEI, Sony Computer Entertainment America (“SCEA”) and their affiliates cannot guarantee the continuous operation of the “DNAS” servers. SCEA 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 SCEA Consumer Services at 1-866-466-5333. For additional information concerning “DNAS”, visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with “DNAS”, the sole liability of SCEI, SCEA 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 SCEA. SCEA, 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”.

11.2  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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