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DIVINITY: ORIGINAL SIN ENHANCED EDITION AND DIVINITY ENGINE END-USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
This End User License Agreement for certain products and services ("EULA" or "License" or "Agreement") is a legal agreement between you (either an individual or an entity), and Larian Studios Ltd., a company under Irish law, with registered office at Unit 1 CHQ building, Custom House Quay, Dublin 1, Ireland, enterprise number 556 210("LARIAN STUDIOS"). This License applies to your use of the game entitled "DIVINITY: ORIGINAL SIN ENHANCED EDITION" and the toolset entitled "DIVINITY ENGINE", all software contained within or transferred with DIVINITY: ORIGINAL SIN ENHANCED EDITION or DIVINITY ENGINE, all updates and/or patches thereto, all on-line components, all restricted-access community websites, all other LARIAN STUDIOS game-related services, all Alpha, Beta, trial, pre-release, free, pay and premium versions of the above, and any accompanying documentation to any of the above (collectively the "Software").
LARIAN STUDIOS IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITIONS NOTED IN THIS LICENSE, WHICH ARE NECESSARY PRECONDITIONS TO THE GRANT OF THIS LICENSE.
PLEASE READ THE TERMS CAREFULLY BEFORE SELECTING "YES" TO ACCEPT THE TERMS OF THIS LICENSE. By selecting "Yes" to accept this License, and/or by loading or running the Software, or placing or copying the Software onto your computer hard drive, computer RAM or other storage, you acknowledge that you have read this License, understand it and agree to be bound by all of its terms and conditions.
By selecting "No" or by otherwise failing to select "Yes" to accept this License, you decline LARIAN STUDIOS’soffer and the terms of this License. If you do not accept the terms of this License, you must immediately (1) not install, cease to install or uninstall as well as cease all use of the Software and any other materials associated with the Software, (2) completely delete all copies of the Software and all related files from your computer and (3) for physical retail purchases promptly return the Software in its protective covering, all other enclosed materials and the original sales invoice to the place of purchase for a refund or exchange, subject to the return policy of the retailer. If you so decline, any refund by the retailer of the price you paid to use the Software will be your sole and exclusive remedy and our sole and exclusive liability in connection with the Software.
1. Grant of License. By purchasing this License and installing a copy of the Software, you agree to accept from LARIAN STUDIOS, and LARIAN STUDIOS grant you, a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this License, and your rights to acquire any updates, patches, or add-on content from LARIAN STUDIOS are subject to your acceptance of this License. Any commercial use of the Software is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that you dispose of the Software or this License is terminated. A separate Terms of Service agreement may be used to govern your use of online services in connection with the Software. To the extent that any additional terms are incorporated in to this License, you will be notified and your acceptance of these additional terms will be necessary. Failure to agree to any additional terms may restrict your ability to use and enjoy the Software. LARIAN STUDIOS reserves all rights not expressly granted to you by this License.
2. Transfer of the License. You may make a one-time permanent transfer of all your rights to install and use the Software to another individual or legal entity provided that: a) the technical protection measures used by the Software supports such transfer; b) you also transfer this License and all copies of the Software; c) you retain no copies of the Software, upgrades, updates or prior versions; d) the receiving party unconditionally accepts the terms and conditions of this License. Such transfer may not include access to any online feature, service or functionality, or right thereto, unlocked or downloadable content, dynamically served content and other online features and/or services that require with the enclosed access code, that are limited to one user account and/or that are otherwise non-transferable. LARIAN STUDIOS may require that any end user of the Software register the Software online as a condition of use and/or purchase additional Licenses.
3. Preconditions of the License. The grant of license as set forth in Section 1 above is specifically conditioned upon the following:
a. You have unconditionally accepted all of the terms in this License and indicated your acceptance by selecting "YES";
b. You will comply with all of the terms in this License until such time as you have deleted all Software from your machine;
c. You will use the Software only on a computer, running validly licensed copies of operating systems which the Software was designed to comply with;
d. You have allowed the Software to install the security features described in Section 4, and you will not remove them from the Software or from your computer unless and until you have deleted all Software from your machine;
e. You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the code or the user experience of the Software, whether on your local machine or on servers which enable use of any features of the Software, except as provided for in Section 6 below. For the sake of clarity, the use of any Software distributed by LARIAN STUDIOS that is meant to modify the Softwarein any way, including without limitation creating Variations (as defined below), will not be a violation of this condition.
4. License Restrictions. LARIAN STUDIOS and/or its licensors own the title, copyright, and other intellectual property rights in the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lend, lease, sublicense, distribute, publicly display, create derivative works based upon the Software (except as set forth in this License) or otherwise commercially exploit the Software (including, without limitation, hosting pay-per-play servers). You may not electronically transmit the Software from one computer, console or other platform to another or over a network, excepted as allowed by the technical protection measures described in this License. You will use the Software only in compliance with applicable law.
5. End-User Variations. So long as you fully comply, at all times, with this License, LARIAN STUDIOS grant you a limited, personal, revocable, non-exclusive right to: (a) use the Software's toolset features to create your own Software modules ("Modules"), and (b) create your own modifications to work with the Software (e.g., custom data files not created using the toolset) (the "User Conversions"). Modules and User Conversions can be used together or separately (the "Variations"). Your rights to create Variations are subject to the following restrictions: (i) your Variations must only work with the full commercial versions of Software; (ii) your Variations must not contain modifications to any executable file; (iii) your Variations must not contain any libellous, defamatory, scandalous, pornographic, obscene, or otherwise illegal material; (iv) your Variations must not infringe upon the rights of any third party, including without limitation trademark, trade dress, trade secret, copyright, privacy, publicity, patent, or any other proprietary rights; (v) your Variations must not contain any viruses, worms, or other malicious code; and (vi) you may not rent, sell, lease, lend, offer on a pay-per-play or timesharing basis or otherwise commercially exploit or commercially distribute your Variations (including, without limitation, hosting pay-per-play servers, hosting pay-per-download web-sites for Variations including sites that charge for bandwidth use, and independently selling Variations online, at retail, mail order, etc.). Without limiting the foregoing, you expressly acknowledge and agree that in no event shall you have the right or license to make any modification (whether using the toolkit or otherwise) to any portion of the Software for the purpose of creating any data file, executable, or other derivative work that is intended to operate in a stand-alone mode, with any pre-release or beta version of the Software.
6. Distribution of Modules and User Conversions. So long as you fully comply at all times with this License, LARIAN STUDIOS grant you the limited, personal, revocable, non-exclusive right to distribute your Modules or User Conversions by means of providing a copy of the actual Module or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute").
7. LARIAN STUDIOS's Use of Variations. If you Distribute, or permit others to Distribute, your Variations, you hereby grant back to LARIAN STUDIOS and its licensors, licensees, successors and affiliates, a perpetual, irrevocable, royalty free, worldwide license in all rights, titles and interests of every kind and nature, now known or hereafter devised, in and to your Variations and the right to use and distribute such Variations by any mean now known or hereafter devised, and to make such modifications thereto as LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates deem are necessary to package, combine, and otherwise distribute and/or sell such Variations. LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates will make a reasonable effort to provide credit to you in the event either party uses or distributes your Variations, but you acknowledge that identifying you and/or other Variation creators may be difficult, and any failure by LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates to provide credit to any person shall not be a breach of this License and shall not limit the rights to use and distribute any Variation granted in this License.
8. Revocation of Variation Rights. LARIAN STUDIOS may at any time and in its sole discretion revoke your right to make your Variations publicly available.
9. Termination. Your rights to use the Software under this License: (i) may be terminated by you at any time, by removing all copies of the Software from your computer systems and by destroying the Software; (ii) may be terminated by LARIAN STUDIOS if it determines that you have improperly used the Software in any way, as determined in its sole discretion; or (iii) will terminate immediately without notice from LARIAN STUDIOS if you fail to comply with any provision of this License. The circumstances of this License termination may require LARIAN STUDIOS to take any of the following action: suspend or terminate your account(s) with LARIAN STUDIOS, whether those accounts are related to the Software or to other products offered by LARIAN STUDIOS; suspend or terminate your ability to connect to any/all online resources offered by LARIAN STUDIOS; and demand that you destroy your copy of the Software.
10. Disclaimer of Other Content. As a service to you, LARIAN STUDIOS may include with the Software third party drivers and other software utilities intended to assist you with installing and operating the Software (collectively, the "Drivers"). LARIAN STUDIOS specifically disclaims any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part of the Software and shall not be governed by the terms and conditions of this License except for and to the extent of this disclaimer.
11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, LARIAN STUDIOS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LARIAN STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LARIAN STUDIOS OR ANY LARIAN STUDIOS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LARIAN STUDIOS (OR ITS EMPLOYEES OR LICENSORS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LARIAN STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL LARIAN STUDIOS (OR ITS EMPLOYEES OR LICENSORS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless LARIAN STUDIOS and each of its respective officers, employees, directors, agents, licensors, licensees (excluding you), and any successors and assigns thereof from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this License, violation of any condition thereto, distribution or any use of any Variations, and/or any other use of the Software. You agree that your unauthorized use of the Software and/or Variations, or any part thereof, may immediately and irreparably damage LARIAN STUDIOS such that LARIAN STUDIOS could not be adequately compensated solely by a monetary award. As such, at LARIAN STUDIOS's option, LARIAN STUDIOS shall be entitled to an injunctive order, in addition to all other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of LARIAN STUDIOS posting bond or other security. Your obligations set forth in this Section shall survive the cancellation or termination of this License.
14. Changes to Agreement. LARIAN STUDIOS may replace this Agreement with new versions (each a "New EULA") over time as the Software and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, you will be able to continue playing the Software subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Software. New EULAs will not be applied retroactively. LARIAN STUDIOS may change, modify, suspend, or discontinue any aspect of the Software at any time. LARIAN STUDIOS may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability.
15. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH IRISH LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN DUBLIN, IRELAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN DUBLIN, IRELAND FOR ANY SUCH LITIGATION. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against LARIAN STUDIOS must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you improperly file a claim, LARIAN STUDIOS may recover attorneys' fees and costs up to $1000, provided that LARIAN STUDIOS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
16. Miscellaneous. Nothing herein shall be deemed to supersede or derogate from LARIAN STUDIOS's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you and LARIAN STUDIOS with respect to the use of the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
This End User License Agreement for certain products and services ("EULA" or "License" or "Agreement") is a legal agreement between you (either an individual or an entity), and Larian Studios Ltd., a company under Irish law, with registered office at Unit 1 CHQ building, Custom House Quay, Dublin 1, Ireland, enterprise number 556 210("LARIAN STUDIOS"). This License applies to your use of the game entitled "DIVINITY: ORIGINAL SIN ENHANCED EDITION" and the toolset entitled "DIVINITY ENGINE", all software contained within or transferred with DIVINITY: ORIGINAL SIN ENHANCED EDITION or DIVINITY ENGINE, all updates and/or patches thereto, all on-line components, all restricted-access community websites, all other LARIAN STUDIOS game-related services, all Alpha, Beta, trial, pre-release, free, pay and premium versions of the above, and any accompanying documentation to any of the above (collectively the "Software").
LARIAN STUDIOS IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE CONDITIONS NOTED IN THIS LICENSE, WHICH ARE NECESSARY PRECONDITIONS TO THE GRANT OF THIS LICENSE.
PLEASE READ THE TERMS CAREFULLY BEFORE SELECTING "YES" TO ACCEPT THE TERMS OF THIS LICENSE. By selecting "Yes" to accept this License, and/or by loading or running the Software, or placing or copying the Software onto your computer hard drive, computer RAM or other storage, you acknowledge that you have read this License, understand it and agree to be bound by all of its terms and conditions.
By selecting "No" or by otherwise failing to select "Yes" to accept this License, you decline LARIAN STUDIOS’soffer and the terms of this License. If you do not accept the terms of this License, you must immediately (1) not install, cease to install or uninstall as well as cease all use of the Software and any other materials associated with the Software, (2) completely delete all copies of the Software and all related files from your computer and (3) for physical retail purchases promptly return the Software in its protective covering, all other enclosed materials and the original sales invoice to the place of purchase for a refund or exchange, subject to the return policy of the retailer. If you so decline, any refund by the retailer of the price you paid to use the Software will be your sole and exclusive remedy and our sole and exclusive liability in connection with the Software.
1. Grant of License. By purchasing this License and installing a copy of the Software, you agree to accept from LARIAN STUDIOS, and LARIAN STUDIOS grant you, a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this License, and your rights to acquire any updates, patches, or add-on content from LARIAN STUDIOS are subject to your acceptance of this License. Any commercial use of the Software is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, or otherwise distributing the Software or rights to use the Software. The term of your License shall commence on the date that you install or otherwise use the Software, and shall end on the earlier of the date that you dispose of the Software or this License is terminated. A separate Terms of Service agreement may be used to govern your use of online services in connection with the Software. To the extent that any additional terms are incorporated in to this License, you will be notified and your acceptance of these additional terms will be necessary. Failure to agree to any additional terms may restrict your ability to use and enjoy the Software. LARIAN STUDIOS reserves all rights not expressly granted to you by this License.
2. Transfer of the License. You may make a one-time permanent transfer of all your rights to install and use the Software to another individual or legal entity provided that: a) the technical protection measures used by the Software supports such transfer; b) you also transfer this License and all copies of the Software; c) you retain no copies of the Software, upgrades, updates or prior versions; d) the receiving party unconditionally accepts the terms and conditions of this License. Such transfer may not include access to any online feature, service or functionality, or right thereto, unlocked or downloadable content, dynamically served content and other online features and/or services that require with the enclosed access code, that are limited to one user account and/or that are otherwise non-transferable. LARIAN STUDIOS may require that any end user of the Software register the Software online as a condition of use and/or purchase additional Licenses.
3. Preconditions of the License. The grant of license as set forth in Section 1 above is specifically conditioned upon the following:
a. You have unconditionally accepted all of the terms in this License and indicated your acceptance by selecting "YES";
b. You will comply with all of the terms in this License until such time as you have deleted all Software from your machine;
c. You will use the Software only on a computer, running validly licensed copies of operating systems which the Software was designed to comply with;
d. You have allowed the Software to install the security features described in Section 4, and you will not remove them from the Software or from your computer unless and until you have deleted all Software from your machine;
e. You will refrain from using any hacks, cracks, bots, or third party software which may modify, temporarily or permanently, the code or the user experience of the Software, whether on your local machine or on servers which enable use of any features of the Software, except as provided for in Section 6 below. For the sake of clarity, the use of any Software distributed by LARIAN STUDIOS that is meant to modify the Softwarein any way, including without limitation creating Variations (as defined below), will not be a violation of this condition.
4. License Restrictions. LARIAN STUDIOS and/or its licensors own the title, copyright, and other intellectual property rights in the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lend, lease, sublicense, distribute, publicly display, create derivative works based upon the Software (except as set forth in this License) or otherwise commercially exploit the Software (including, without limitation, hosting pay-per-play servers). You may not electronically transmit the Software from one computer, console or other platform to another or over a network, excepted as allowed by the technical protection measures described in this License. You will use the Software only in compliance with applicable law.
5. End-User Variations. So long as you fully comply, at all times, with this License, LARIAN STUDIOS grant you a limited, personal, revocable, non-exclusive right to: (a) use the Software's toolset features to create your own Software modules ("Modules"), and (b) create your own modifications to work with the Software (e.g., custom data files not created using the toolset) (the "User Conversions"). Modules and User Conversions can be used together or separately (the "Variations"). Your rights to create Variations are subject to the following restrictions: (i) your Variations must only work with the full commercial versions of Software; (ii) your Variations must not contain modifications to any executable file; (iii) your Variations must not contain any libellous, defamatory, scandalous, pornographic, obscene, or otherwise illegal material; (iv) your Variations must not infringe upon the rights of any third party, including without limitation trademark, trade dress, trade secret, copyright, privacy, publicity, patent, or any other proprietary rights; (v) your Variations must not contain any viruses, worms, or other malicious code; and (vi) you may not rent, sell, lease, lend, offer on a pay-per-play or timesharing basis or otherwise commercially exploit or commercially distribute your Variations (including, without limitation, hosting pay-per-play servers, hosting pay-per-download web-sites for Variations including sites that charge for bandwidth use, and independently selling Variations online, at retail, mail order, etc.). Without limiting the foregoing, you expressly acknowledge and agree that in no event shall you have the right or license to make any modification (whether using the toolkit or otherwise) to any portion of the Software for the purpose of creating any data file, executable, or other derivative work that is intended to operate in a stand-alone mode, with any pre-release or beta version of the Software.
6. Distribution of Modules and User Conversions. So long as you fully comply at all times with this License, LARIAN STUDIOS grant you the limited, personal, revocable, non-exclusive right to distribute your Modules or User Conversions by means of providing a copy of the actual Module or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute").
7. LARIAN STUDIOS's Use of Variations. If you Distribute, or permit others to Distribute, your Variations, you hereby grant back to LARIAN STUDIOS and its licensors, licensees, successors and affiliates, a perpetual, irrevocable, royalty free, worldwide license in all rights, titles and interests of every kind and nature, now known or hereafter devised, in and to your Variations and the right to use and distribute such Variations by any mean now known or hereafter devised, and to make such modifications thereto as LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates deem are necessary to package, combine, and otherwise distribute and/or sell such Variations. LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates will make a reasonable effort to provide credit to you in the event either party uses or distributes your Variations, but you acknowledge that identifying you and/or other Variation creators may be difficult, and any failure by LARIAN STUDIOS and/or its licensors, licensees, successors and affiliates to provide credit to any person shall not be a breach of this License and shall not limit the rights to use and distribute any Variation granted in this License.
8. Revocation of Variation Rights. LARIAN STUDIOS may at any time and in its sole discretion revoke your right to make your Variations publicly available.
9. Termination. Your rights to use the Software under this License: (i) may be terminated by you at any time, by removing all copies of the Software from your computer systems and by destroying the Software; (ii) may be terminated by LARIAN STUDIOS if it determines that you have improperly used the Software in any way, as determined in its sole discretion; or (iii) will terminate immediately without notice from LARIAN STUDIOS if you fail to comply with any provision of this License. The circumstances of this License termination may require LARIAN STUDIOS to take any of the following action: suspend or terminate your account(s) with LARIAN STUDIOS, whether those accounts are related to the Software or to other products offered by LARIAN STUDIOS; suspend or terminate your ability to connect to any/all online resources offered by LARIAN STUDIOS; and demand that you destroy your copy of the Software.
10. Disclaimer of Other Content. As a service to you, LARIAN STUDIOS may include with the Software third party drivers and other software utilities intended to assist you with installing and operating the Software (collectively, the "Drivers"). LARIAN STUDIOS specifically disclaims any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part of the Software and shall not be governed by the terms and conditions of this License except for and to the extent of this disclaimer.
11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, LARIAN STUDIOS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LARIAN STUDIOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LARIAN STUDIOS OR ANY LARIAN STUDIOS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LARIAN STUDIOS (OR ITS EMPLOYEES OR LICENSORS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LARIAN STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL LARIAN STUDIOS (OR ITS EMPLOYEES OR LICENSORS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless LARIAN STUDIOS and each of its respective officers, employees, directors, agents, licensors, licensees (excluding you), and any successors and assigns thereof from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this License, violation of any condition thereto, distribution or any use of any Variations, and/or any other use of the Software. You agree that your unauthorized use of the Software and/or Variations, or any part thereof, may immediately and irreparably damage LARIAN STUDIOS such that LARIAN STUDIOS could not be adequately compensated solely by a monetary award. As such, at LARIAN STUDIOS's option, LARIAN STUDIOS shall be entitled to an injunctive order, in addition to all other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of LARIAN STUDIOS posting bond or other security. Your obligations set forth in this Section shall survive the cancellation or termination of this License.
14. Changes to Agreement. LARIAN STUDIOS may replace this Agreement with new versions (each a "New EULA") over time as the Software and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review and accept the New EULA. If you accept the New EULA, you will be able to continue playing the Software subject to the terms of the New EULA. If you decline to accept the New EULA, or if you cannot comply with the terms of the New EULA for any reason, you will no longer be permitted to play the Software. New EULAs will not be applied retroactively. LARIAN STUDIOS may change, modify, suspend, or discontinue any aspect of the Software at any time. LARIAN STUDIOS may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability.
15. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH IRISH LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN DUBLIN, IRELAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN DUBLIN, IRELAND FOR ANY SUCH LITIGATION. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against LARIAN STUDIOS must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you improperly file a claim, LARIAN STUDIOS may recover attorneys' fees and costs up to $1000, provided that LARIAN STUDIOS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
16. Miscellaneous. Nothing herein shall be deemed to supersede or derogate from LARIAN STUDIOS's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you and LARIAN STUDIOS with respect to the use of the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.