EULA
EULA
1.1 This Agreement is a contract between you (we will further call you just
�you�) and GOG sp. z o.o., Jagiellonska 74, 03-301 Warsaw, Poland (we will
further call ourselves �GOG� or just �us�) and applies to www.GOG.COM, your
GOG user account, GOG GALAXY application (including GOG GALAXY store), any
games or videos or other content or services which you purchase or access via
us, the GOG web forums, GOG customer and technical support and other services
we provide to you (we'll just call all this �GOG services� for short). Here we
set out your rights and obligations as a recipient of GOG services.
1.2. Additional terms may apply to GOG services and in such a case we will
post them for your acceptance. For example, if you would like to use the GOG
GALAXY application, the relevant terms will be posted for your acceptance
before you start using these services.
1.3 Also, when we're talking about games, in-game content, virtual items or
currency or GOG videos or other content or services which you can purchase or
access via GOG services, we�ll just call them �GOG games� or �GOG videos�
respectively and when we talk about them all together they are �GOG content�.
1.4 We didn�t want to make this document too long, but keep in mind that by
accepting our User Agreement you also accept:
1.5 GOG works with trusted partners, including our related company CD PROJEKT
S.A., developers and publishers, payment providers, customer service software
providers and others (�Partners�) � more on them later in this Agreement.
1.6 If you're over 18, then welcome! If you're between 16 and 18, before we
extend an equally warm welcome, please ask your parent or guardian to review
and approve this Agreement on your behalf (because in some countries people
under a certain age cannot legally enter into contracts like this Agreement).
If you�re not 16 yet you cannot have a GOG account or use the GOG services
because legally we cannot handle personal data of children without a special
parental or guardian�s permission (but your parents/guardians are welcome to
sign up themselves).
2.1 We give you and other GOG users the personal right (known legally as a
'license') to use GOG services and to download, access and/or stream
(depending on the content) and use GOG content. This license is for your
personal use. We can stop or suspend this license in some situations, which
are explained later on.
2.2 When you buy, access or install GOG games, you might have to agree to
additional contract terms with the developer/publisher of the game (e.g. they
might ask you to agree to a game specific End User License Agreement). If
there is any inconsistency or dispute between those �EULAs� and this
Agreement, then this Agreement wins.
2.3 With GOG videos, you can also stream purchased video content or download
it to watch the way you want.
2.4 Using certain third-party scripts is recommended for your full use of GOG
functionality and, although that usage is optional, we cannot promise full
service performance without them.
2.5 A quick word about GOG GALAXY, which is our (optional) application which
not only allows you to buy and access GOG content but also provides cool
features like unified game library, and one friends list across platforms,
online multiplayer, achievements, cross-platform chat, game-time tracking,
cloud-saves and game overlay. You can learn more about
it[here](https://www.gog.com/galaxy).
3.1 To buy GOG content from GOG services, and in some cases to play/use GOG
content where our partners require use of a GOG account, you will need to set
up a GOG account. This will involve creating a password (which is encrypted so
we can�t access it) and a username, plus giving us (for identification
purposes) your email address. Please make sure your login credentials are kept
secure and your account is used properly. In your GOG account settings you can
also optionally set your country of residence, birthday and avatar. Our
Privacy Policy gives more details about the information we collect from you
and how we use it and protect it.
It's[here](https://support.gog.com/hc/articles/212632109).
3.2 You can use your GOG account to set up a public profile accessible by
other people. You can also use your GOG account to connect with other GOG
users. Please act sensibly and remember you are responsible for your own
actions.
3.3 Your GOG account and GOG content are personal to you and cannot be shared
with, sold, gifted or transferred to anyone else. Your access to and use of
them is subject to GOG�s [ Privacy Policy
](https://support.gog.com/hc/articles/212632109) and [ Code of Conduct
](https://support.gog.com/hc/articles/16033977811613) which are updated or
amended when necessary.
3.4. Access to and use of the games purchased from different platforms (i.e.
with what we call �Keyless Access�), including their minimum system
requirements is governed by respective third-party platform policies and (as
applicable) additional contract terms with the developer/publisher of the game
(e.g. they might ask you to agree to a game specific End User License
Agreement). It may require having a third-party platform account. These
platforms may roll out patches or updates for your purchased games.
4.1 Because GOG gives you access to many different services and games created
at different times and via different platforms, we cannot give you one set of
system requirements for all GOG services or GOG content. Please make sure your
computer and Internet connection are good enough to use GOG services and play
GOG games and videos.
4.2 What we can tell you is that using any GOG game will require a computer,
equipped with a mouse and keyboard (touchscreen controls are not supported),
with an appropriate operating system (please refer to the relevant GOG product
page) with all service packs and important updates installed on it. All GOG
games should be natively installed on a computer that meets or exceeds the
minimum hardware and software specifications shown on the GOG product page.
GOG games are not tested on virtual machine software and therefore we do not
support playing through them.
4.3 For GOG videos, please make sure your video player supports the videos�
format specified in the GOG product page.
## 5\. BETAS
5.1 As GOG develops, we may offer you optional access to 'beta' versions of
GOG software or services (e.g. new versions of the GOG GALAXY application made
available prior to its general release) or GOG content.
g) The beta is for your personal use and enjoyment, so you must not sell, loan
or otherwise transfer it to anyone else.
h) The point of you getting beta access is to allow you to try something new,
but we would expect you to recognise that it will not be complete yet.
Therefore betas will be provided 'as is' without any additional promises from
us or any liability on us if it is not complete or does not work fully or
causes issues. Betas may not be totally feature-complete and there may be
feature changes, modifications or removals during the beta.
6.1 After you decide that you like a GOG game, GOG video or other GOG content,
you usually will need to pay for it before you can access it (though we do
have some free content too!). You can pay in different ways: (i) using a valid
debit or credit card; or (ii) using PayPal or any other authorized payment
provider. Remember to keep your payment details secure.
6.2 When you use a payment method to buy GOG content, we're relying on your
promise that you're able to use that method. You are responsible for any
purchases made using your GOG account or payment method and you agree to the
pricing, payment and billing policies applicable to them, as notified to you
at the time of purchase. All payments are non-refundable and non-transferable
except as expressly provided in this Agreement.
6.3 You can always pay for GOG content in US Dollars. However if you happen to
live in countries where your local currency is supported (see our Support
section [ here ](https://support.gog.com/hc/en-
us/articles/360001947034?product=gog) for details), you will be able to pay in
your local currency. You might have to pay a currency conversion charge if you
are not paying in your home currency and some banks might also add other kinds
of transaction fees.
6.4. All prices are visible in the product catalog page. They�re inclusive of
taxes like VAT, if applicable. You should also expect some sales taxes/VAT to
be added to your price at checkout, if required by your local laws (f.ex. in
US or Canada).
6.5 GOG offers users a digital account balance called the �GOG Wallet� in
connection with your user account, which you can use to make purchases of GOG
content on dedicated GOG services. Funds can be added to it in two ways: (i)
using your chosen payment method; or (ii) by us as part of our �Voluntary
Refund Policy� (see link[here](https://support.gog.com/hc/en-
us/articles/360006129837?product=galaxy)) in which case we may offer refunds
to GOG Wallet that you can use to get a replacement GOG game or other GOG
content. The GOG Wallet is made available subject to rules which are set out
on our GOG Wallet page[here](https://support.gog.com/hc/en-
us/articles/360001941953-FAQ-GOG-Wallet?product=galaxy).
6.6. We may also issue usually time-limited bonus codes which give you free or
reduced price access to GOG content (we�ll call them �Bonus Codes�). If you
receive Bonus Codes when you buy GOG content but later decide to return that
GOG content, then we think it�s fair for you to return the Bonus Codes too.
Therefore, we will terminate it or, if it has been redeemed for a GOG game,
that game will be removed from your account.
7.2. Neither this nor any other part of this User Agreement affects your
statutory rights. In particular:
a) For Australian Users: Our goods come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a replacement
or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired
or replaced if the goods fail to be of acceptable quality and the failure does
not amount to a major failure. Details[here](https://support.gog.com/hc/en-
us/articles/360025857893?product=gog).
b) For New Zealand Users: Neither this nor any other part of this User
Agreement excludes, restricts or modifies the application of any right or
remedy that cannot be so excluded, restricted or modified including those
conferred by the New Zealand Consumer Guarantees Act 1993. Under this Act are
guarantees which include that goods and services are of acceptable quality. If
this guarantee is not met there are entitlements to have the software remedied
(which may include repair, replacement or refund). If a remedy cannot be
provided or the failure is of a substantial character, the act provides for a
refund.
7.3. We understand that sometimes a purchase doesn't turn out how you expected
and we want to be fair to GOG users. This is why on top of your statutory
refund rights (described in section 7.1.-7.2. above) we may offer you a
Voluntary Refund Policy described[here](https://support.gog.com/hc/en-
us/articles/360006129837?product=galaxy). In some rare cases if we have
reasonable doubts regarding your refund request we may not apply the Voluntary
Refund Policy. In no case this will deprive you of any applicable statutory
refund rights. A sale is considered final once your refund rights expire
(unless we agree otherwise on a case by case basis).
8.1 With certain GOG content you may be able to purchase or acquire virtual
items and/or virtual currency (we�ll call them �Virtual Goods� for short).
Virtual Goods are subject to this Agreement and in particular the following
default rules, unless there are specific rules for that GOG content (which
will prevail over these rules).
8.2 Virtual Goods are digital items only with no cash-value or real world
existence and cannot be �bought�, �sold�, gifted, transferred or redeemed,
exchanged for other Virtual Goods, �real world� money, goods, services or
items of monetary value. Trading Virtual Goods is prohibited (unless you are
specifically permitted to do so). Your right to use any Virtual Goods is
limited to a limited, nonexclusive, non-assignable, non-transferable, non-
sublicensable, revocable license to use them solely for your personal
entertainment and non-commercial use in the applicable GOG content. You have
no property interest or right or title in any Virtual Goods, which remains the
appropriate publisher�s property. Virtual Goods may be changed, amended or
reversed if necessary, including to enforce this Agreement. If necessary,
limits may be placed on the use of Virtual Goods (including transaction limits
and balance amounts).
8.3 The existence of a particular offer for Virtual Goods is not a commitment
by us to maintain or continue to make the Virtual Goods or that offer
available in the future. The scope, variety and type of Virtual Goods that you
may obtain can change and we have the right to manage, modify and remove
Virtual Goods if we consider necessary for the ongoing operation of GOG or GOG
content or for other legitimate reasons, in which case we will have no
liability to you or anyone for the exercise of such rights. We will make
reasonable efforts to notify you of any such change and to explain the reason
for such change.
9.1 Occasionally we may need to patch or update GOG services or GOG content
(for example to add or remove features or to resolve software bugs). We need
these rights in order to keep GOG running efficiently and safely. Not patching
or updating the GOG services or GOG content may result in inferior performance
of your version or incompatibility of your version with some of the GOG
services or GOG content features. Doing so, you are also risking not
installing important security updates. Our Partners may use GOG services to
roll out patches or updates for applicable GOG content.
10.1 GOG services including (but not limited to) their graphics, computer
code, user interface, look and feel, audio, video, text, layout, databases,
data and all other content, and all legal and exploitation rights regarding
them are either owned by us or we license them from third parties. GOG content
is owned by its developers/publishers and licensed by us. All rights are
reserved except as we have explained in this Agreement. You may not use or
exploit any part of the GOG services or GOG content except as explained in
this Agreement.
10.2. GOG respects the intellectual property rights of others. Please read
more[here](https://support.gog.com/hc/articles/16033687971613).
11.1 Please follow these rules regarding the GOG services and GOG content, and
any additional rules we link in 11.2 below. Please read these rules carefully
since failure to follow them (particularly those in relation to cheating) will
be considered a material breach of this Agreement, which could lead to
suspension or cancellation of your access to GOG services. Here are the rules:
(a) Only use GOG services or GOG content for your personal enjoyment (for
example, don't use them to make money, for piracy or for political purposes).
(b) Regarding GOG content, what you can do practically apart from playing the
games (like create derivative works of it) depends on what the GOG content
rights holder allows you to do (GOG can�t grant such rights). So please check
this with the rights holder directly (the first thing you should do though is
to check if they have a EULA and if so what it says). We also ask that you
make only genuine attempts to improve the GOG content.
(c) Regarding GOG services (which includes GOG software), unless you have
prior GOG permission please don�t modify, merge, distribute, translate,
reverse engineer, decompile, disassemble, or create derivative works of them �
unless you�re allowed in this Agreement or by the law in your country. We�d
like to emphasize that you are free to contact us for permission to do these
things and we will review and respond to those requests in good faith. More
generally, at some point in the future we want to open client protocols to
make it easier for users to work with GOG data/software without any need for
reverse engineering or similar techniques.
(d) Don't hack, harm, grief, interrupt or misuse GOG services or GOG content,
GOG users or GOG personnel or use them for any similar purpose.
(e) Do not create, use, make available and/or distribute cheats, exploits,
automation software, robots, bots, mods, hacks, spiders, spyware, cheats,
scripts, trainers, extraction tools or other software that interact with or
affect GOG services or GOG content in any way (including, without limitation,
any unauthorized third party programs that intercept, emulate, or redirect any
communication between GOG or its partners and GOG services and/or any
unauthorized third party programs that collect information about GOG
services).
(f) Don't interfere with the GOG or third party network software or other
software including via tunnelling, code injection, modifying or changing GOG
software, using any other similar software together with GOG services or GOG
content, through protocol emulation, or through creation or use of private
servers regarding GOG services or GOG content. Do not access or attempt to
access areas of GOG.COM, GOG GALAXY or GOG servers that have not been made
available to the public.
(h) Don�t share, �buy�, �sell�, transfer, gift, lend, steal, misappropriate or
misuse GOG accounts. GOG keys/codes can only be gifted or transferred or used
in the ways permitted by GOG. If you have any questions or problems, contact
customer support.
(j) We ask you not to do anything in connection with GOG that infringes any
copyright, trademark, patent, trade secret, privacy, publicity, or other right
of others, such as images, photographs, sound files, text files, graphics
files, and any other material or information.
11.2 In addition to the above, below is the list of additional terms that
apply to you when using GOG services. We do not want to repeat ourselves, but
it is important to remember that if you fail to follow them, it will be a
material breach of this Agreement, which could lead to a suspension or
cancellation of your access to GOG services. Here is the list:
12.1 This section is about content (e.g. text, photos or links) which you make
available either to us or to other GOG users via GOG services (for example
through your profile picture or through messages to other GOG users). We'll
call this "User Generated Content".
12.2 As far as we and you are concerned, you own any User Generated Content
but we need you to give us some limited rights over it so that we can actually
transmit it through GOG services. So, by posting User Generated Content you
give us a nonexclusive, irrevocable license to use, modify, reproduce, create
derivative works from, distribute, transmit, communicate and publicly
display/perform your User Generated Content in connection with GOG services.
12.3 It is your responsibility to make sure that you have all necessary legal
rights before you use User Generated Content and for checking they are safe to
use � we can't know that ourselves, and we can't check it for you, so we have
to rely on you.
12.4. However, we have the right (but not the obligation) to review and if
appropriate or legally necessary to remove any User Generated Content which is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic. If
you find that any such content has been posted on GOG services, please let us
know. We ask you to read our Infringing Content and Copyright Policy
([link](https://support.gog.com/hc/articles/16033687971613)), where we explain
our procedure for reporting infringing content. If you still feel your case is
not fully resolved after our internal procedure, you have access to an out-of-
court dispute settlement - more on this in Section 20 below.
14.1 For fan work (e.g. works like fan mods, machinima, parodies, homages,
'Let's Play' or other videos or artwork), you need to check with the content
owner (e.g. the developer or publisher) if they are OK with it and if so you
should get permission from them. The reason is simple � the GOG content is the
property of the respective owner, not ours.
15.1 You might get links to third-party websites or content through GOG
services which aren�t connected to us. Using them is up to you � we�re not
responsible for them, we can't promise they will work, what they'll be like or
if they're free.
15.2 You can also use your GOG account to get easy access to some external,
GOG approved partner services, e.g. The Witcher games and sites from our
sister company CD PROJEKT RED. They will have their own terms and conditions
which you will need to agree and follow. Just to be clear: using these
services is all optional and up to you. You have the power!
16.1 We warrant that: (i) we have the right to enter this Agreement and to
grant you the license to use GOG services in section 2.1; and (ii) we will
take reasonable care with the GOG services and your use of them; and (iii) we
will use reasonable endeavors to comply with applicable laws in performing our
obligations to you under this Agreement.
16.2. Your representations and warranties. You represent and warrant that you
have the full power and ability to enter into this Agreement and will fully
follow its terms. You also represent and warrant that any User Generated
Content, which you transmit via GOG services does not infringe upon the
intellectual property rights of any third party. You further represent and
warrant that you will not use or contribute User Generated Content that is
unlawful, tortious, defamatory, obscene, invasive of the privacy of another
person, threatening, harassing, abusive, hateful, racist or pornographic.
16.3. We work hard to try to make GOG content work on your systems but we only
have limited time to carry out tests and we don't always get everything right.
Therefore, we can't accept any liability or responsibility for GOG content
except where required by law (see 7.1.-7.2 above). We are also not responsible
for anything that happens to GOG.COM or GOG services which is outside of our
control and we do not guarantee GOG services will work 100% of the time.
However, don't forget you may be entitled to GOG content return and refund if
it has technical issues - see section 7.3.
## 17\. TERMINATION
17.1 Your right to terminate the Agreement. You may terminate this Agreement
at any time and without giving any reason by completely ceasing to use GOG
services. If you would like us to delete your account please contact our
Support Team [ here ](https://support.gog.com/hc/en-
us/requests/new?category=info&product=gog) or simply by sending an email
request to [email protected]. Termination will not affect already existing
rights or obligations of us or you.
17.2. Our right to terminate the Agreement. If you materially breach this
Agreement, we reserve the right to suspend or cancel your access to GOG
services and GOG content. By material breach of the Agreement we mean a
serious breach which could cause significant harm to GOG, GOG users, as well
as, in particular breach of the provisions of section 11 above or GOG Code of
Conduct. If we suspend or cancel your access to GOG services or GOG content
we'll take reasonable steps to contact you to explain why we have done this
and what (if anything) you can do as a result.
17.3 It seems very unlikely, but if we have to stop providing access to GOG
services and GOG content permanently (not because of any breach by you), we
will try to give you at least sixty (60) days advance notice by posting a note
on www.GOG.COM and sending an email to every registered user � during that
time you should be able to download any GOG content you purchased.
18.1 Neither you nor us will be liable for any failure to perform any
obligation under this Agreement or to provide access to GOG services and GOG
content if that failure is caused by the happening of any unforeseen event
beyond your or our reasonable control including without limitation, Internet
outages, communications outages, fire, flood, war or act of God.
### For users resident in the European Union and elsewhere in the world (but
not the USA):
19.1 You and we agree that your use of GOG services and GOG content and this
Agreement will be governed by and interpreted according to the laws of the
Republic of Poland and that any dispute regarding this Agreement will be heard
non-exclusively by the courts of the Republic of Poland. In any legal claim
under this Agreement, the side which wins will be entitled to its legal fees
and expenses.
19.2. The above choice of governing law and jurisdiction is subject to any
mandatorily applicable principles of consumer protection or other law in your
jurisdiction of residence which would not otherwise be available.
19.3 You and we agree that your use of GOG services and GOG content, and this
Agreement, will be deemed to be entered into in Los Angeles, California and
governed by and interpreted according to the laws of the State of California,
USA (and, if applicable, US federal law). Any legal claim by you against GOG
will be made exclusively in any state or federal court located in Los Angeles,
California, which will have subject matter jurisdiction regarding the dispute
between you and us and therefore we both consent to the exclusive jurisdiction
of those courts. In any legal claim under this Agreement, the side which wins
will be entitled to its legal fees and expenses.
20.1.If you have concerns, claims or issues with us, we hope we can resolve
them quickly and amicably. Please contact
us[here](https://support.gog.com/hc/en-
us/requests/new?category=info&product=gog). We will make reasonable and good
faith efforts to resolve any dispute between us informally. We undertake to
answer any claim within 14 days.
20.2. If it is not resolved during this time, the next steps depend on where
you live. If you live within the EU you may submit your legal claims to the
online dispute resolution platform operated and provided by the European
Commission which can be accessed via http://ec.europa.eu/consumers/odr/ in
order to reach an out of court settlement or initiate a lawsuit. You may also
choose to resolve your dispute through any out-of-court dispute settlement
body certified by your country�s Digital Services Coordinator.
20.3. If you live in the USA or the rest of the world (but not the EU) then
please contact us at [email protected].
21.2 This Agreement (including any GOG additional terms referenced in it)
constitutes the entire agreement between you and us and supersedes any earlier
oral or written agreements. If you disagree with this, please contact us as
soon as possible after you start using GOG services at [email protected] since
otherwise this will be binding on you after a reasonable time period (usually
30 days).
21.3 This Agreement governs our relationship with you (and vice versa). It
does not create any rights for anyone else.
21.4 Please remember we are subject to various laws and we may be required to
comply with law enforcement or other legal requirements.
21.6. You and we agree that the UN Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
21.8. If you are a European Union citizen, then please be aware that GOG has
enabled cross-border portability on free and paid content pursuant to
Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14
June 2017 on cross-border portability of online content services in the
internal market, but this is subject to any other legal requirements on GOG
including regarding IP protection and may also be subject to any requirements
of developer and publisher partners of GOG.
22.1 We may change this Agreement if we think it's necessary, e.g. for legal
reasons or to reflect changes in GOG services or GOG content. If so, we will
make the changed Agreement available online at
https://support.gog.com/hc/articles/212632089 and (if you have a GOG account)
we will email you to let you know about any significant changes.
22.2 Any changes to the Agreement will come into force within 30 days of their
announcement online. In the meantime, you're welcome to contact us at
[email protected] if you have specific questions about the changes.
22.3 If you don't agree to those changes (regardless of whether you email us),
then unfortunately we must ask you to cease using GOG services and GOG
content. We're sorry we have to say that, but we hope you'll appreciate that
for GOG services to work properly we need to have everyone using it under the
same rules instead of different people having different rules. That's why we
encourage you to get in contact if you have queries or concerns.
22.4 Just so you know, we'll never just make a bunch of changes to this
Agreement, not tell you what they are and force you to agree to changes you
don't understand before you can use GOG services!
23.1. If you have any complaint concerning GOG account, GOG services, or
simply you would like to contact us, here are our contact details:
-------------------------------
========================================
======= Inno Setup License Terms =======
========================================
Except where otherwise noted, all of the documentation and software included
in the Inno Setup package is copyrighted by Jordan Russell.
3. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software to
distribute a product, an acknowledgment in the product documentation
would be appreciated but is not required.
Jordan Russell
jr-2008 AT jrsoftware.org
http://www.jrsoftware.org/