End User License Agreement

END USER LICENSE AGREEMENT
FINAL FANTASY XIV COMPANION APP (the “App”)

IMPORTANT - Please read this End User Licence Agreement (“EULA”) carefully before installing this App. By installing, copying, and/or otherwise using the App you agree to be bound by the terms of this EULA and we are only prepared to licence you to use the App on the terms of this EULA. Before installing this App please make sure that your device meets the minimum technical specifications for the proper operation of this App.

YOUR PARTICULAR ATTENTION IS DRAWN TO:

  • THE EXCLUSION CLAUSE AND LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 10 BELOW;
  •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
  • CERTAIN COUNTRY SPECIFIC TERMS IN THE SCHEDULE AT THE BACK OF THIS EULA (applicable to Germany, Austria and Portugal).

USE OF THE APP

IF YOU AGREE TO BE BOUND BY THIS EULA PLEASE PRESS "ACCEPT" ON THE SPLASH SCREEN THAT DISPLAYS WHEN THE APP IS FIRST OPENED. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA DO NOT PRESS "ACCEPT" AND UNINSTALL THE APP FROM YOUR DEVICE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE GAME. BY INSTALLING THIS APP AND/OR OTHERWISE USING ALL OR ANY PART OF THIS APP YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.

TECHNICAL SUPPORT

If you require technical assistance, please refer to the App tutorial accompanying the App or our website at http://support.eu.square-enix.com/index.php where you will find answers to frequently asked questions and/or the telephone number for the relevant telephone helpdesk. Any telephone charges will be payable by you. SEL does not guarantee that technical assistance will be available at any time or for any minimum period of time. You acknowledge that a Platform Provider (as defined below) has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

IMPORTANT NOTICE CONCERNING APP ACTIVATIONS:

Where an activation key or registration code (“Activation Key”) is required to install this App and/or to access any on-line or multiplayer App features, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this Activation Key or registration code secure. Lost, stolen or damaged Activation Keys cannot be replaced and no refunds or replacement copies of the Activation Key will be provided.

1. Legal Agreement

1.1 This EULA is a legal agreement between you and Square Enix Limited Company No. 01804186 of 240 Blackfriars Road, London, SE1 8NW United Kingdom ("SEL" or "we" or “our” or “us”) which governs your use of the App. You acknowledge that this EULA does not affect or govern your relationship with Apple Inc. ,Amazon sarl, Microsoft Inc, Google Inc., Mozilla Inc. or any other third party mobile operating system and/or app store provider (together the “Platform Provider(s)”) and that this EULA is not made with any Platform Provider. For the purposes of this EULA, references to the App includes computer and/or mobile application software owned by SEL or its third party suppliers/licensors and associated media, any printed materials, manuals, any on-line or other documentation together with, to the extent not distributed with a separate licence agreement, any updates or patches to the original App software which are provided to you or which you may download from any Platform Provider or other source authorised by SEL expressly for such purpose. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software App including without limitation any Platform Provider software. Such third party proprietary software may be downloaded within the software package containing the App and may be required in order to use certain features of this App, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.

1.2 Copyright and other intellectual property laws and treaties protect this App. The App is licensed, not sold.

2. Grant of Limited Non-Exclusive Licence

2.1 For so long as you are in compliance with the provisions of this EULA, SEL grants you the non-exclusive limited right and licence to install the App onto and use it on any compatible Platform Provider device that you own or control and as permitted by this EULA, any device usage rules stipulated by such Platform Provider and any device specification and/or operating system requirements as set out on the Platform Provider App product page or its equivalent;

2.2 All rights not expressly granted hereunder are, to the maximum extent permitted by law, reserved to SEL and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.

2.3 In some cases, your rights to use the App may be subject to a limitation on the number of device activations or registrations of the App as specified by the Platform Provider. In such a case, your ability to download further copies of the App may not be possible where the maximum number of activations of the App has been reached.

3. Restrictions

3.1 You are not permitted:

(a) to make any commercial use or exploitation of the App in any manner whatsoever;

(b) to install or use the App on a network server, multi-user arrangement or remote access arrangement for the purposes of distribution to one (1) or more other computer(s) or mobile devices on that network or to effect such distribution or otherwise make a copy of the App available in any manner or via any media where it could be used by multiple users;

(c) subject to the provisions of clause 2.1(a), without a separate, additional license from Square Enix, to use the App or permit the use of the App, on more than the maximum number of devices permitted pursuant to any terms of use stipulated by the Platform Provider;

(d) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, use, reproduce, distribute, broadcast, publicly perform, store in a retrieval system or otherwise deal in the App or any part thereof in any way;

(e) except as the applicable law or this EULA expressly permits, to reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the whole or any part of the App, in whole or in part, Where applicable law or this EULA expressly permits any such acts, and any lawful modifications, adaptations and improvements and all copyrights therein shall be deemed assigned to and shall belong to, vest in and be the exclusive property of SEL and/or its licensors on creation to the maximum extent permitted by law and you hereby waive all or any moral rights in such creations;

(f) to hack, disassemble, decompile, or otherwise modify the App or server computer code, whether the App code is located on your device or on Square Enix’s servers, or otherwise remove, disable or circumvent any security protections or any technical measures that control access to the App and/or are designed to prevent or inhibit the infringement of any copyright or other intellectual property right in the App except as expressly permitted by Square Enix or applicable law;

(g) to remove, modify, deface or circumvent any proprietary notices or labels contained on or within the App;

(h) to export or re-export the App or any copy or adaptation in violation of any applicable laws or regulations;

(i) to create or operate data, executable programmes or servers that mimic data or functionality in or emulate App;

(j) to create or use any cheats, bots, automation software, hacks, mods or any other unauthorised software designed to interact with or modify the App and App usage. In addition, you may not take advantage of App system bugs and exploits during App usage. You may not use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;

(k) to sell, rent, hire, charge, mortgage, purchase or exchange for real-world money or value any in-App currency or points, accounts, characters, in-App services, or in-App virtual items (including In-App Items as defined in paragraph 7.1 below). You may not play the App for the purpose of acquiring virtual items or advancement of in-App play on behalf of a third-party, or for the advancement of any other user, or for the purpose of selling any virtual assets to a third party, for real-world money, specifically including levelling-up services;

(l) except to the extent expressly permitted under mandatory applicable law to intercept, mine or otherwise collect information from the App using unauthorised software; or

(m) to use (or abuse) any in-App chat and/or message services to distribute advertisements or to otherwise harass players.

Furthermore, you agree that you shall abide by any of the safety information, maintenance instructions or other relevant notices provided with the App.

3.2 You warrant and represent that:

(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(b) you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Online Features, Functionality and SEL Content

4.1 This App may allow access to certain online features and/or services operated by SEL and/or its affiliates or third parties authorised on their behalf including but not limited to; (i) access to certain in-App items (ii) the ability to capture and/or upload content to and/or from the App (iii) to receive App related notifications (iv) to remove dynamic advertising (v) access to leader boards (vi) multiplayer functionality and (vii) connectivity with Social Media services (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such services/Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all users of this App will be able to register or benefit from such services (including Online Features associated with the App). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Features.

4.2 Where you use the App and/or Online Features we and our affiliates may also collect, store, process, distribute and publicly display certain data concerning your App usage activity. This data may include your user name, gamertag, scores, rankings, results, achievements and any other personal profile information which you may choose to make available for other players to see. Without prejudice to any consents which you may give us under any other agreement between you and us with respect to such data, any data which personally identifies you will be collected, stored, used, processed and distributed in accordance with SEL's Privacy Notice referred to in Paragraph 5 below.

4.3 Standard messaging, data and other fees may be charged by your carrier to participate in and/or access any Online Features. Fees and charges may appear on your cellular bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Online Features, and certain Online Features may be incompatible with your carrier or device. You should check with your carrier to find out what plans are available and how much they cost.

4.4 You agree that, as to any Online Features which are activated on your device, we or our affiliates may send communications to your device regarding us or other parties. Further, we or our affiliates may collect information relating to your use of the App and/or Online Features. If you have registered via the App for Online Features, then you agree to notify us of any changes to your contact information (including phone number) and to update your App user account to reflect the changes.

4.5 If you have enabled GPS or location-based features on your device in relation to the App, you acknowledge that your device location may be tracked and may be shared with others in accordance with SEL’s Privacy Notice referred to in Paragraph 5 below. Some of our services may allow you to disable location-based features or to manage preferences in relation to them. You can, however, terminate device location tracking by us by uninstalling the App from your device or for other services by discontinuing access to the services from your device settings. The location-based services offered in connection with our services are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead to death, injury or damage to persons or property. The location-based services are not suited or intended for family-finding purposes, fleet tracking, or any other type of business or enterprise use: other products exist today that may be used specifically for these purposes.

4.6 You are solely responsible for obtaining and maintaining, at your own expense, all equipment (such as modems, computers, tablets or mobile/smart phones) and any internet/wireless access necessary to access the App and/or any Online Features, and for ensuring such equipment and services are compatible with all requirements of the App. Please note carefully any device and operating system specifications notified to you at the point of purchase and/or download of the App. You acknowledge that a Platform Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4.7 Certain Apps may have Online Features which allow you to capture, record and/or publicly share certain in-App content which may include without limitation; art, text and logos, video, audio, screenshots, images, sounds, music and recordings that are owned and/or controlled and/or licensed by SEL (“SEL Content”). SEL hereby grants you a limited, non-exclusive, revocable licence to use the SEL Content for the Permitted Purposes set out below and you will not receive any ownership or other rights to the SEL Content or any derivative works created from the SEL Content. For the avoidance of doubt, you may not use any materials owned and/or controlled by SEL other than the SEL Content. You agree to only use the SEL Content for personal use and to share on your or third party blogs, homepages and/or compatible social networking services (“Permitted Purpose”). SEL Content may be captured and shared by you only in accordance with (but not limited to) the following conditions:
a) not to use any SEL Content for any sales or commercial use, meaning you cannot receive license fees or advertising revenue, except as part of the partner programs operated by YouTube.com, Twitch.tv, Ustream.tv, or similar video sharing programs. If the operator of a partner program seeks to confirm our policy, please point them to this page as we do not have the resources to respond to all requests;
b) not to sell any SEL Content to third parties as original content;
c) not to use any SEL Content to promote other commercial products;
d) not to alter, remove or conceal any trademark or copyright notices that may be included in any SEL Content;
e) to immediately comply with any request by SEL to remove any SEL Content, in SEL's sole discretion from any third party location;
f) not to use any SEL Content in conjunction with any of the following: unapproved SEL assets; counterfeit merchandise; pornography; unlicensed SEL music available for streaming or download, or links to unlicensed SEL music available for streaming or download;
g) not to use any SEL Content for any other purpose that is illegal or is likely to bring the Square Enix name or the SEL Content into disrepute;
h) not to combine or synchronize the SEL Content with third party content (e.g., a mash-up), but you may include the SEL Content alongside third party content (e.g., before or after in the same video) as long as you also have permission from the original copyright owner);
i) not rip and/or extract any files in order to split any SEL Content into component parts (i.e. vocal, music, visual etc) and share as separate assets.
j) that any video will not contain racist, sexist, homophobic, defamatory or generally offensive content of any kind. This includes graphic violence or sexually explicit content;
k) only to use music as it is incorporated in the App. Please note any non-SEL music incorporated in the App may be subject to automated filtering by the owner of the recording or composition and you will need permission from the relevant copyright owner, if you are unsure please check the App credits or contact SEL;
l) not to replace the App music with third party music when showing gameplay;
m) not to play App music alone (i.e., without accompanying gameplay footage), or with third party content;n) you must include the following copyright notice ‘© Square Enix’ with any SEL Content you share publicly.
o) not to use any Square Enix trademarks (including, for example the App title or the Square Enix company name) other than to describe the SEL Content that you are sharing.
p) not to use the Square Enix logo separate from the SEL Content.

5. Your agreement to the use by us of certain Data

5.1 Without prejudice to paragraph 4 above and paragraph 5.2 below, We may from time to time during your App usage collect anonymous, non-personally identifiable information (i.e. information which neither identifies you nor is linked to, associated with or capable of being used to identify, you) about your device and operating system specification including how you are using the App (including information about your successful installation and removal of the App). We may also collect information which could identify and/or distinguish you from other users. This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your device) and/or other unique online identifiers. This information may be used not only to help you access the App and/or certain Online Features but also to help us better understand how our customers are using the App, their behaviour and preferences, so that we can improve our Apps and services in the future. This information and any other data which may be provided by you to us or which may be collected by us in connection with your installation and use of the App and/or any Online Features will be collected, stored, retrieved, used and distributed in accordance with SEL's latest Privacy Notice and Cookies Policy applicable to your region, which are located at http://eu.square-enix.com/en/documents/privacy and http://eu.square-enix.com/en/documents/cookies respectively. By pressing the Accept button you agree to the terms of the Privacy Notice and Cookies Policy as varied and/or amended from time to time.

5.2 In the event of any conflict between any provision of the Privacy Notice and this Paragraph 5, the Privacy Notice shall prevail.

6. In-App Advertising

6.1 The App and/or your device may incorporate technology (which may be provided by SEL or third party service providers engaged by SEL (each a "Dynamic Advertising Provider") which enables advertising to be displayed within the App on your device, and changed while the App is being accessed. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your App and geographic region, as well as to the correct location within the App, certain data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-App progress, and information concerning the appearance of advertising visible during your App usage (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your device and which is used to monitor and calculate the number of views of dynamic advertising during App usage.

6.2 The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).

6.3 Where an App incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-App advertising is integrated within the App. This means that if you do not want to receive dynamic advertising, you should only use the App when you are not connected to the Internet (if applicable) or activate the Online Feature to remove dynamic advertising (if applicable). By using the App when connected to the Internet or without dynamic advertising disabled you consent to our use of dynamic advertising (if applicable) as described in this Paragraph.

6.4 In addition to the foregoing, SEL may collect and process, and SEL’s third-party partners and advertisers may directly collect and process, certain information about your device(s) and your use of the App for system administration, to provide certain parts of the App, and/to share with third party ad partners including (where available) your IP address, geolocation information, mobile network information, hardware information and available memory, device serial number, unique device identifier, device 'Advertiser ID', operating system and browser type, Internet connection information, as well as details of how and when you access and use the App including the pages visited, services used within the App, any visits to any in-App stores, and your interactions with advertisements. SEL may also link IP addresses and other unique identifiers to other personal data (such as a user’s country or a user ID) in order to provide certain parts of the App, to enforce our EULA or other user contracts and to share with third party ad partners. If SEL collects this information and data, SEL may share it with third party ad partners in order that they can use it to assist them with the management and/or placing of ads and offers that you may see served within the App, or ads served on other third party services that you may use. In some cases other third parties may also collect some or all of this information and data using their own technology(ies) (including cookies) and use it for the same or similar purposes – where they do so, their collection, use and protection of that data is governed by those third parties' privacy policies and practices, and not this EULA or SEL’s privacy policies. We may also share this information and data with third party analytics and tracking companies in order that they can use it to assist them in providing services to us or to our third party ad partners.

7. App and In-App Item Access

7.1 The App may include the opportunity for you to buy in-App currency, items or other credits (“In-App Items”) with real money. In-App Items form part of the App and are subject to the terms of this EULA. The Platform Provider terms of purchase or in the case of SEL being the contracting merchant, the Square Enix Terms of use found hereh shall govern any purchase you may make of an App and/or In-App Items. The terms set out important information, including where required under applicable laws, your right to cancel your purchase and explanation of when you may lose that right to cancel.

7.2 The nature and price of the In-App Items will be as quoted from time to time within the App at the point of purchase, except in the case of obvious error and may change without notice. If you purchase In-App Items, the In-App Items will be delivered to your copy of the App on the Platform Provider device from which you made the purchase and may be accessible on other devices that you own subject to the terms of access set by such Platform Provider. All prices are inclusive of any applicable taxes (including VAT or GST).

7.3 In order to purchase and/or download and use the App and/or activate the In-App Items, you will need to have access to the internet with sufficient and stable bandwidth to complete the purchase process and/or download the App and/or In-App Items to your device. You are responsible for all costs associated with internet access and transmission of data over the internet from and to your device, including to complete the purchase process and/or to download the App and/or In-App Items. Any such charges are in addition to the purchase price of the App and/or In-App Items and are not within our (or a Platform Provider’s) control and do not form part of the total price you are charged for purchasing the App and/or In-App Items. You are also responsible for making sure that your device and operating system meet the minimum requirements for the operation of the App. Please note that it may not be possible to purchase and/or download the App and/or In-App Items if there are problems temporarily affecting the internet or the servers on and through which the relevant data is stored or needs to travel.

7.4 Additional instructions for activation of or access to the App and/or In-App Items purchased and/or downloaded may be included onscreen within the App after purchase and/or download has been completed or in further information or confirmations from a Platform Provider.

7.5 Applicable laws require that some of the information or communications that we send to you should be in writing or in a ‘durable medium’. You accept that communication between you and us will be mainly electronic. You agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your rights under applicable laws.

8. Termination, Suspension

8.1 Without prejudice to any other rights, SEL may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, all rights licensed to you under this EULA shall cease and you must immediately uninstall and/or delete all copies of the App and all of its component parts (including any copies stored on any device(s)) in your possession, custody or control. You may also terminate the EULA at any time by uninstalling the App from your device or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and SEL’s proprietary rights, choice of law and jurisdiction, indemnity and miscellaneous shall survive termination.

8.2 We may, at our sole discretion, suspend or terminate the provision of any part of this EULA or the App or restrict your access to it or delete and/or permanently remove your registered App account and credentials and/or In-App purchases and/or progress without any prior notice to you and without any further formality where (by way of example and without limitation): (a) we reasonably consider that you are acting in breach of any of the terms of this EULA or are assisting any other to so act; (b) there is a regulatory or statutory change limiting our ability to provide such part of the App or associated services; and/or (c) any event (such as a technical difficulty, capacity problem or communications failure) beyond our reasonable control prevents us from continuing to provide such part of the App or associated service and/or (d) we reasonably believe that you have not accessed or used the App for a duration of three (3) or more consecutive months from the date and time of last recorded access and/or use on our servers No such suspension or termination on ground (b) or (c) will affect any entitlement to a refund that you may have under any applicable law.

9. Ownership

You only own the device and/or media on which the App is installed. SEL and/or its licensors shall at all times retain ownership of the App including any in-App items as installed on the device and/or media and all subsequent copies regardless of form.

10. Remedies. Limited Warranty and Exclusions

10.1 In the event of any failure of the App to conform to any applicable warranty, you may notify (i) the Platform Provider or (ii) SEL (if applicable) and either the Platform Provider or SEL will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, the Platform Provider or SEL will have no other warranty obligation whatsoever with respect to the App.

10.2 THE APP IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEL AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE APP AND/OR THE APP DATA. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SEL DOES NOT WARRANT THAT THE APP OR ANY SERVERS REQUIRED TO BE COMMUNICATED WITH TO ENABLE THE OPERATION OF THE APP IS OR WILL BE ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SEL WILL REPAIR ANY ERRORS IN THE APP. SEL FURTHER DOES NOT WARRANT THAT THE APP WILL OPERATE ON ALL TYPES OF DEVICE, COMPUTER OR HARDWARE. PLEASE REFER TO THE APP PRODUCT PAGE ON AN APP STORE OR WEBSITE OR AN APP SUPPORT PAGE FOR MINIMUM TECHNICAL SPECIFICATIONS.

10.3. YOU ACKNOWLEDGE AND AGREE THAT THE APP IS NOT INTENDED FOR USE IN THE OPERATION OF AIRCRAFT SYSTEMS, VEHICLE CONTROL SYSTEMS, MEDICAL FACILITIES OR EMERGENCY SERVICES OR IN ANY OTHER CONTEXT WHERE ACTS OR OMISSIONS COULD LEAD TO DEATH, INJURY OR DAMAGE TO PERSONS AND/OR PROPERTY.

10.4 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(A) IN NO EVENT SHALL SEL PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR SO-CALLED “CONSEQUENTIAL” DAMAGES THAT HAPPEN AS A SIDE-EFFECT OF THE MAIN LOSS OR DAMAGE AND ARE NOT FORSEEABLE BY YOU AND US, INCLUDING BUT NOT LIMITED TO, ANY: (A) LOSS OF INCOME OR REVENUE; (B) LOSS OF BUSINESS; (C) LOSS OF PROFITS OR CONTRACTS; (D) LOSS OF ANTICIPATED SAVINGS; (E) LOSS OF OPPORTUNITY; AND/OR (F) LOSS OF DATA, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APP, EVEN IF SEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NONE OF THE SQUARE ENIX PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE AND/OR RELATED EQUIPMENT, SOFTWARE PROGRAMS, APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ONLINE OR MOBILE SITE OR APPLICATION LINKED TO IT OR AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE APP TUTORIAL OR SUPPORT WEBSITE. ANY INTERACTION OR OTHER DEALINGS THAT YOU HAVE WITH ANY THIRD PARTY ON OR VIA USE OF THE APP (INCLUDING, WITHOUT LIMITATION, THROUGH ADVERTISEMENTS OR LINKS) ARE SOLELY BETWEEN YOU AND THE THIRD PARTY, AND WE DISCLAIM ALL LIABILITY IN SUCH CONNECTION.

(B) YOU ACKNOWLEDGE AND AGREE THAT A PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF YOU OR ANY OTHER THIRD PARTY RELATING TO YOUR USE AND POSESSION OF THE APP INCLUDING (I) APP LIABILITY CLAIMS, (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

(C) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SEL PARTIES UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS APP (WHETHER IN CONTRACT, TORT OR OTHERWISE) IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP AND/OR AN IN-APP ITEM.

10.5 Nothing in this EULA shall limit or exclude any SEL Party's liability to you in negligence for death or personal injury caused by our negligence or for any other liability to the extent that such exclusion or limitation is unlawful, unenforceable or void under any applicable law.

10.6 Further, some states or jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 10. Nothing in this paragraph 10 shall affect your statutory rights as a consumer which under the applicable law are not capable of exclusion or limitation. These statutory rights may vary from state/jurisdiction to state/jurisdiction. Further, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local citizen’s advice bureau, trading standards office or equivalent organisation.

10.7 You understand that the App may be updated or patched at any time and in doing so no obligation to provide such updates or patches to you pursuant to this EULA or otherwise shall arise.

11. Governing Law and Dispute Resolution

11.1 Subject to paragraph 11.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by and construed in accordance with English law. Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in this EULA shall limit SEL’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.

11.2 If you acquired this App in the United States of America this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of California, USA and subject to the non-exclusive jurisdiction of the state and federal courts situated in San Francisco, California, USA.

11.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.

12. Injunction

Because SEL would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that we shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to us under law.

13. Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SEL, our partners, affiliates, contractors, licensors (together with us, the “SEL Parties”) and our and their respective officers, directors, employees and agents from any and all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the App, any breach by you of the terms of this EULA and/or your engagement in any Prohibited Activities and/or arising out of or related to content that you submit, post, link to, transmit or make available through the App and/or your violation of any rights of another user.

14. Other Important Terms

14.1 If you downloaded this App in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America. By downloading Apps, you warrant and undertake that you are not located in any country, nor will you export any Apps to any person or place, to which the European Union or any European Union member state has embargoed goods. You must comply with all applicable laws and regulations of the country for which the Apps are destined. We shall not be liable for any breach by you of any such laws.

14.2 Without prejudice to paragraph 14.6, this EULA together with any other agreement, policy or other document expressly referred to in this EULA constitutes the entire agreement between SEL and you with respect to the license and use of the App and supersedes all prior or contemporaneous understandings. Without prejudice to paragraphs 14.4 and 14.5.

14.3 You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the App and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the App, and any related documentation) are owned by Square Enix or its licensors.

14.4 You acknowledge and agree that in the event of a third party claim that the App or your use and possession of that App infringes that third party’s intellectual property rights you will notify SEL (not the Platform Provider) and we (not the Platform Provider) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

14.5 SEL reserves the right to amend this EULA at any time, at its sole discretion, but will post such changes on the Square Enix website, App website and/or will communicate such changes to you via the App or via the Platform Provider. If any such future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA you may terminate this EULA in accordance with the above Termination provisions. Your installations and use of any updates or modifications to the App or your continued use of the App following notice of changes to this EULA will constitute your acceptance of any and all such changes to the terms of this EULA.

14.6 If any court or competent authority finds that any provision of this EULA (or part of any provision) is invalid, illegal or unenforceable under the applicable law, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected.

14.7 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract with you which is caused by any event, act, omission or circumstance beyond our reasonable control (“Event Beyond Our Control”). An Event Beyond Our Control includes (but is not limited to) any strike, lock-out or other industrial action (other than by Square Enix staff), civil commotion, criminal damage, looting, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping aircraft, motor transport or other means of public or private transport, impossibility or impaired of use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any authority (including any Government) (including sanctions).

14.8 Our performance of any contract with you is deemed to be suspended for the period that the Event Beyond Our Control continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to bring the Event Beyond Our Control to a close or to find a solution by which our obligations under the contract may be performed despite the Event Beyond Our Control. If we are prevented from, or delayed in, performance of any contract with you by any Event Beyond Our Control for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination).

14.9 You acknowledge that the Platform Provider and its subsidiaries are third party beneficiaries of this EULA and that as such each Platform Provider and/or its subsidiaries has the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.

15. CONTACT US

If you have any queries concerning any of the terms of this EULA, the App or any order or contract you have made with us or any of our products, please contact our support service:

16. Specific Countries:

If you live in one of the following countries, please read the country specific additional terms set out in the Country Specific Terms Schedule attached to this EULA:

  • Austria;
  • Germany; and
  • Portugal.

Last updated: July 9,2018