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End User License Agreement aka Our Cursed Pact
Hello and welcome, mortal soul.
So you wish to embark on an adventure in the Forgotten Realms...
We know you've already given up some coin to get this far, and for that of course we're grateful. Yet you must also know that every deal with a being such as ourselves comes with additional terms and conditions. Let us lay them out for you.
1. INTRODUCTION
First a proper introduction: any reference to "Larian Studios", "We", or "Us" in this Pact is to be understood as a reference to Larian Studios Games ltd., or any of its affiliated entities. Larian Studios Games ltd, is a legal entity operating under Irish law and doing business as Larian Studios. The official seat of the company is at 17A New Bride Street, Wood Quay, Dublin 8, Ireland. Larian Studios can be contacted via info@larian.com.
2. GRAVITY
This end user license agreement (the "Pact") constitutes a legal agreement between you, the end-user, and Larian Studios.
While we might joke around a little in this text, no Pact should be taken lightly, so read it carefully and make sure you understand all its legal obligations and consequences. Terms in this Pact with a capital have been defined throughout this Pact and are to be understood as referring to said term.
This Pact has legal consequences, so to enter into this Pact, you must be of legal age in your country of residence. If you are not, your parent or legal guardian will need to consent and approve you playing.
If you agree to this Pact, you may install or run one copy of the game software (the "Game") on your device for purposes of playing the Game, whether or not in conjunction with the Game service provided by Us (the "Service"). Subject to your agreement to and your continuing compliance with all terms and conditions of this Pact, We hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable, and royalty-free license, to install or run the Game on your computer or device and use the Game in conjunction with the Service.
3. TECH REQUIREMENTS
Use of the Game and the Service requires certain equipment, software and/or internet connectivity and you agree that you are solely and entirely responsible for paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity. You understand that the equipment, software and connectivity required to use the Game and/or Service may change over time as the Game and the Service evolve. You agree that Larian Studios will have sole discretion as to what changes to the requirements are necessary to keep using the Game and the Service. You agree that in such an event it will be you who is solely responsible for acquiring any necessary additional or different equipment, software and internet connectivity required.
4. PACT OBLIGATIONS
The rights granted are subject to the additional limitations set forth below. Any use of the Game or the Service in violation of the license limitations set forth below is use outside of the license granted herein and will be regarded as an infringement of Larian Studios' rights in copyright and other intellectual property rights in the Game or the Service.
Under the Pact you agree that you will not under any circumstances:
a) Sell, lease, rent, loan, sublicense or otherwise transfer the Game, or grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein (see Section 12);
b) Copy, reproduce, or create derivative works based upon, in whole or in part, the Game, except that you may make one (1) copy of the Game and any accompanying documentation for personal archival purposes only; and may use image and video capture software to capture the output of the Game software as audio, video and/or still image files solely for personal, non-commercial use unless permitted otherwise in the Larian Studios Fan Content Policy;
c) Violate any applicable law, rule or regulation in connection with your use of the Game or the Service;
d) Use or allow any other person or entity to use the Game or any parts, including without limitation the Service, for any commercial purpose not expressly set forth herein, including but not limited to (i) collecting, generating or advancing accounts or in-game resources, items or currency in exchange for payment or for sale outside of the Game, (ii) playing the Game in exchange for payment now or in the future;
e) Modify or cause to be modified any files that are a part of the Game or the Service in any way not authorized by Us;
f) Use any third-party program that intercepts, mines or otherwise collects information or data from or through the Game or the Service not intended for display during normal (as intended) use, that redirects any communication between the Game and Larian Studios, or that reads areas of memory used by the Game to store information about the Game;
g) Disrupt or assist in the disruption of any device used to support the Game or Service or any other player's experience (which may also be a violation of criminal and civil laws
h) Host, provide, develop, facilitate, create or maintain any unauthorized connection or matchmaking services for the Game, including but not limited to connection to any unauthorized server that emulates or attempts to emulate the Service, for any purpose (e.g. play over the internet) intercept, emulate, or redirect communications or communication protocols used by or directed to or from Larian Studios, or connect to the Service using programs or tools that have not been provided or expressly approved by Larian Studios;
i) Remove, delete, alter or in any way change the copyright notices or any other proprietary legends incorporated in or attached to the Game and/or the Service.
5. ADDITIONAL OBLIGATIONS IN ELDRITCH LAW
Time for a pause, as We understand by now your mind is longing for respite, having endured the above numerous provisions of legal jargon.
So, setting aside the weighty tomes of somber legality, embracing a lighter path of ancient customs and mystical decrees that governed the fair folk, please be wary that in accepting this Pact, you agree to refrain from striking a deal with another creature of Fey, Infernal, or otherwise Eldritch origin. Should you nonetheless not be able to withstand the seductive melody whispered by their malevolent terms, We reserve the right to sever all ties professional or social with the end user, and seek appropriate remedy from the Morninglord.
6. OWNERSHIP
Larian Studios owns or has licensed all rights and title in and to the Game and the Service, and all data and content included therein, including without limitation accounts, titles, computer code, themes, objects, currencies, artifacts, characters, character names, character likenesses, character inventories and profile information, location, location names, stories, storylines, dialogue, catch phrases, concepts, artwork, graphics, structural and landscape designs, animations, sounds, musical recordings and compositions, audiovisual effects, methods of operation, moral rights, applets, chat transcripts, recordings and broadcasts of games and any related documentation (collectively the "Game Content"). The Game Content is protected by copyright and other intellectual property laws, treaties, and conventions.
Larian Studios and its licensors reserve all rights in and in connection with the Game, the Service, and the Game Content. You agree you will not create any work of authorship based on the Game or Game Content and that you will not use any of Larian Studios' trademarks, service marks, tradenames, logo's, domain names, taglines, or trade dress for any purposes, except as expressly permitted by Larian Studios.
You acknowledge and agree that you have no ownership, property, monetary or other interest in the Game or any feature or content of the Game, including without limitation the Game Content, your account, and you acknowledge and agree that all rights in and to all features and content of the Game are and shall forever be solely and exclusively owned by and inure to the benefit of Larian Studios.
The Game Content includes materials licensed from third parties which may seek to enforce their rights in the event you violate the terms of this Pact.
Wizards of the CoastTM, Baldur's GateTM, Dungeons & DragonsTM, and their respective logos are registered trademarks of Wizards of the Coast LLC. Larian StudiosTM is a registered trademark of Larian Studios. These and all other trademarks, service marks, and trade names used by or in connection with the Game are proprietary rights owned by Larian Studios or its licensors.
7. CONTENT
The Game has received minimum age ratings (e.g. PEGI, ESRB) based on its content and contains scenes and images of violence, sexuality, as well as strong language that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the Game.
The Game may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and similarly consult your doctor.
8. FAN WORK
You are permitted to create fan work regarding the Game according to our Fan Content Policy (which can be found at https://larian.com/fan-content-policy). You will be solely responsible for the fan work you create and make public, and in doing so you will make sure to represent yourself in a truthful manner, and not as an official representative of Larian Studios.
That being said, there is no fiend in the Realms that doesn't have a soft spot for idolatry, and admittedly We're no different. So send Us your best work and know that mortals who amuse Us often get better perks.
9. WARRANTIES
The following warranties give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
Larian Studios warrants that it has the right to enter into this Pact and to grant you the licence to use the Game and Service; that it will take reasonable care with the Game and Service and your use of them; and that it will use reasonable endeavours to comply with applicable laws in performing its obligations to you under this Pact.
We do not warrant that the Game and Service or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this Pact. Nothing in this Pact limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part, or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
As a service to you, We may include with the Game third party drivers and other software utilities intended to assist you with installing and operating the Game (collectively "Drivers"). We specifically disclaim 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 Game and shall not be governed by the terms of this Pact, except for this disclaimer.
10. UPDATES AND CHANGES
Larian Studios may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Larian Studios may update the Game remotely, and you hereby grant Larian Studios consent to deploy, download, install, and apply such patches, updates and modifications to your copy of the Game. As a result, older, non-updated versions of the Game may become unusable over time.
You agree that Larian Studios may change, modify, suspend, delay, limit, nerf, discontinue or restrict any aspect of the Game or Service, or your access to the Game or Service, including without limitation, any features or content of the Game or Service, and any hours of availability, content, data, software or equipment needed to access the Game or the Service, at any time. Larian Studios will notify you of such changes to the extent reasonably possible.
11. CHANGES TO THE PACT
Larian Studios reserves the right, at its sole and absolute discretion, to revise (e.g. update, change, modify, add to, supplement, or delete) any of the terms and conditions of this Pact from time to time as the Game, Service or the law evolve.
You will be given an opportunity to review and accept any revised Pact which will supersede and replace the current Pact and will be effective upon your acceptance. If you accept the revised Pact and your account remains in good standing, then you will be able to continue playing the Game subject to the terms of the revised Pact. If you decline to accept the revised Pact, any revisions to the Pact are unacceptable to you, or you cannot comply with any term of the revised Pact, then you will no longer be permitted to play the Game and We reserve the right to terminate this Pact. Your continued use of the Game following any revision to the Pact constitutes your complete and irrevocable acceptance of all Pact revisions. If the Game requires an update at the time you launch the Game, then you will have the opportunity to review and accept or reject the current version of the Pact, at that time.
12. TRANSFER
You may make a one-time permanent transfer of all your rights to install and use the Game to another end-user provided that (a) the technical protections measures used by the Game support such transfer, (b) you also transfer this Pact and all copies of the Game (including your back-up copies to the extent you have made one), and (c) you retain no copies of the Game, upgrades, updates or prior versions. Such transfer may not include access to any online feature, service or functionality, or right thereto, unlocked or downloadable content that are limited to a user account and/or that are otherwise not transferable. Larian Studios may require that any end-user of the Game or Service register the Game online as a condition of use.
13. TERMINATION
This Pact shall remain in effect for as long as you use, operate or run the Game.
You may terminate the Pact at any time and for any reason by notifying Larian Studios that you intend to terminate the agreement. Upon termination all licenses granted to you in this Pact shall immediately terminate and you must immediately and permanently remove the Game from your device and destroy all copies of the Game in your possession.
You understand and agree that certain Services connected to the Game, and the support and access to such Services are provided by Larian Studios at its discretion and may be terminated or otherwise discontinued by Larian Studios at any time, for any reason or no reason, in its sole and absolute discretion.
14. USER GAMEPLAY INFORMATION
The term "User Gameplay Information" means any information relating to your play or use of the Game, namely gameplay logs, including things like story decisions, combat decisions, deaths, in-game locations players have visited, party and character customization decisions.
You acknowledge and agree that Larian Studios may collect, store and share User Gameplay Information collected from you, both as an individual and aggregated with the User Gameplay Information of other users of the Game. User Gameplay Information will be anonymous. In addition, you acknowledge and agree that Larian Studios may analyze and use such anonymous User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Larian Studios products and services.
The User Gameplay Information we collect does not allow for the identification of data subjects and thus, is not considered personal data within the meaning of the GDPR.
15. CHOICE OF LAW AND VENUE
In case of any claim, dispute, controversy, or disagreement (a "Dispute") in connection with this Pact, you agree to first attempt to settle any Dispute in an informal manner, to expedite resolution and control the costs. Thus, in case of a Dispute, you agree to negotiate in good faith with Larian Studios for at least thirty (30) calendar days prior to initiating any court proceeding. Informal negotiations will be assumed to commence upon Larian Studios' first response to your written submission of a Dispute to Larian Studios via legal@larian.com.
EXCLUDING SECTION 5 OF THE PACT, THIS PACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH IRISH LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE.
EXCLUDING SECTION 5 OF THE PACT AND WITHOUT PREJUDICE TO ANY RIGHTS YOU HAVE BASED ON YOUR PERSONAL JURISDICTION AND TO THE EXTENT ALLOWED BY SUCH JURISDICTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS PACT SHALL BE IN IRELAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN IRELAND FOR ANY SUCH LITIGATION. In any legal claim under this Pact, the side, which wins will be entitled to its legal fees and expenses.
16. LANGUAGES
For all purposes, this English language version of the Pact shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by the Larian Studios, the English language version shall govern and control.
17. ADDITIONAL PLATFORM TERMS
If you access the Game through third-party platforms, you shall be solely responsible for ensuring you use such platforms and any accounts on them in accordance with the policies applicable to such platforms and accounts. In any case, such third-party platforms shall not be responsible for a breach of this Pact. This Pact in no way aims to change any of the agreements between third-party platforms and you; the terms of such agreements shall always prevail over this Pact in anything related to the use of such platforms and the use of their intellectual property.
18. MISCELLANEOUS.
Nothing herein shall be deemed to supersede or derogate from Larian Studios' remedies at law for any violation of this Pact or applicable law. If any provision of this Pact is unenforceable, the rest of it shall remain in effect. This Pact constitutes the entire agreement between you and Larian Studios with respect to the use of the Game and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Game or any other subject matter covered by this Pact.
If you are playing the Game with a Larian Account, the Terms of Service (available at https://larian.com/tos ) apply in conjunction with this end-user license agreement.
For further information on Larian Studios' privacy standard, please refer to our Privacy Policy (available at https://larian.com/privacy ).
Hello and welcome, mortal soul.
So you wish to embark on an adventure in the Forgotten Realms...
We know you've already given up some coin to get this far, and for that of course we're grateful. Yet you must also know that every deal with a being such as ourselves comes with additional terms and conditions. Let us lay them out for you.
1. INTRODUCTION
First a proper introduction: any reference to "Larian Studios", "We", or "Us" in this Pact is to be understood as a reference to Larian Studios Games ltd., or any of its affiliated entities. Larian Studios Games ltd, is a legal entity operating under Irish law and doing business as Larian Studios. The official seat of the company is at 17A New Bride Street, Wood Quay, Dublin 8, Ireland. Larian Studios can be contacted via info@larian.com.
2. GRAVITY
This end user license agreement (the "Pact") constitutes a legal agreement between you, the end-user, and Larian Studios.
While we might joke around a little in this text, no Pact should be taken lightly, so read it carefully and make sure you understand all its legal obligations and consequences. Terms in this Pact with a capital have been defined throughout this Pact and are to be understood as referring to said term.
This Pact has legal consequences, so to enter into this Pact, you must be of legal age in your country of residence. If you are not, your parent or legal guardian will need to consent and approve you playing.
If you agree to this Pact, you may install or run one copy of the game software (the "Game") on your device for purposes of playing the Game, whether or not in conjunction with the Game service provided by Us (the "Service"). Subject to your agreement to and your continuing compliance with all terms and conditions of this Pact, We hereby grant, and you hereby accept, a limited, non-exclusive, non-transferable, revocable, and royalty-free license, to install or run the Game on your computer or device and use the Game in conjunction with the Service.
3. TECH REQUIREMENTS
Use of the Game and the Service requires certain equipment, software and/or internet connectivity and you agree that you are solely and entirely responsible for paying all costs and fees associated with attaining, maintaining, servicing and repairing such equipment, software and internet connectivity. You understand that the equipment, software and connectivity required to use the Game and/or Service may change over time as the Game and the Service evolve. You agree that Larian Studios will have sole discretion as to what changes to the requirements are necessary to keep using the Game and the Service. You agree that in such an event it will be you who is solely responsible for acquiring any necessary additional or different equipment, software and internet connectivity required.
4. PACT OBLIGATIONS
The rights granted are subject to the additional limitations set forth below. Any use of the Game or the Service in violation of the license limitations set forth below is use outside of the license granted herein and will be regarded as an infringement of Larian Studios' rights in copyright and other intellectual property rights in the Game or the Service.
Under the Pact you agree that you will not under any circumstances:
a) Sell, lease, rent, loan, sublicense or otherwise transfer the Game, or grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein (see Section 12);
b) Copy, reproduce, or create derivative works based upon, in whole or in part, the Game, except that you may make one (1) copy of the Game and any accompanying documentation for personal archival purposes only; and may use image and video capture software to capture the output of the Game software as audio, video and/or still image files solely for personal, non-commercial use unless permitted otherwise in the Larian Studios Fan Content Policy;
c) Violate any applicable law, rule or regulation in connection with your use of the Game or the Service;
d) Use or allow any other person or entity to use the Game or any parts, including without limitation the Service, for any commercial purpose not expressly set forth herein, including but not limited to (i) collecting, generating or advancing accounts or in-game resources, items or currency in exchange for payment or for sale outside of the Game, (ii) playing the Game in exchange for payment now or in the future;
e) Modify or cause to be modified any files that are a part of the Game or the Service in any way not authorized by Us;
f) Use any third-party program that intercepts, mines or otherwise collects information or data from or through the Game or the Service not intended for display during normal (as intended) use, that redirects any communication between the Game and Larian Studios, or that reads areas of memory used by the Game to store information about the Game;
g) Disrupt or assist in the disruption of any device used to support the Game or Service or any other player's experience (which may also be a violation of criminal and civil laws
h) Host, provide, develop, facilitate, create or maintain any unauthorized connection or matchmaking services for the Game, including but not limited to connection to any unauthorized server that emulates or attempts to emulate the Service, for any purpose (e.g. play over the internet) intercept, emulate, or redirect communications or communication protocols used by or directed to or from Larian Studios, or connect to the Service using programs or tools that have not been provided or expressly approved by Larian Studios;
i) Remove, delete, alter or in any way change the copyright notices or any other proprietary legends incorporated in or attached to the Game and/or the Service.
5. ADDITIONAL OBLIGATIONS IN ELDRITCH LAW
Time for a pause, as We understand by now your mind is longing for respite, having endured the above numerous provisions of legal jargon.
So, setting aside the weighty tomes of somber legality, embracing a lighter path of ancient customs and mystical decrees that governed the fair folk, please be wary that in accepting this Pact, you agree to refrain from striking a deal with another creature of Fey, Infernal, or otherwise Eldritch origin. Should you nonetheless not be able to withstand the seductive melody whispered by their malevolent terms, We reserve the right to sever all ties professional or social with the end user, and seek appropriate remedy from the Morninglord.
6. OWNERSHIP
Larian Studios owns or has licensed all rights and title in and to the Game and the Service, and all data and content included therein, including without limitation accounts, titles, computer code, themes, objects, currencies, artifacts, characters, character names, character likenesses, character inventories and profile information, location, location names, stories, storylines, dialogue, catch phrases, concepts, artwork, graphics, structural and landscape designs, animations, sounds, musical recordings and compositions, audiovisual effects, methods of operation, moral rights, applets, chat transcripts, recordings and broadcasts of games and any related documentation (collectively the "Game Content"). The Game Content is protected by copyright and other intellectual property laws, treaties, and conventions.
Larian Studios and its licensors reserve all rights in and in connection with the Game, the Service, and the Game Content. You agree you will not create any work of authorship based on the Game or Game Content and that you will not use any of Larian Studios' trademarks, service marks, tradenames, logo's, domain names, taglines, or trade dress for any purposes, except as expressly permitted by Larian Studios.
You acknowledge and agree that you have no ownership, property, monetary or other interest in the Game or any feature or content of the Game, including without limitation the Game Content, your account, and you acknowledge and agree that all rights in and to all features and content of the Game are and shall forever be solely and exclusively owned by and inure to the benefit of Larian Studios.
The Game Content includes materials licensed from third parties which may seek to enforce their rights in the event you violate the terms of this Pact.
Wizards of the CoastTM, Baldur's GateTM, Dungeons & DragonsTM, and their respective logos are registered trademarks of Wizards of the Coast LLC. Larian StudiosTM is a registered trademark of Larian Studios. These and all other trademarks, service marks, and trade names used by or in connection with the Game are proprietary rights owned by Larian Studios or its licensors.
7. CONTENT
The Game has received minimum age ratings (e.g. PEGI, ESRB) based on its content and contains scenes and images of violence, sexuality, as well as strong language that some may find disturbing. If you are sensitive to such content or such content is a trigger for you, please be aware of this before you begin playing the Game.
The Game may contain flashing lights and images, which may induce epileptic seizures. If you or anyone in your household has an epileptic condition, please consult your doctor before playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing, immediately discontinue use and similarly consult your doctor.
8. FAN WORK
You are permitted to create fan work regarding the Game according to our Fan Content Policy (which can be found at https://larian.com/fan-content-policy). You will be solely responsible for the fan work you create and make public, and in doing so you will make sure to represent yourself in a truthful manner, and not as an official representative of Larian Studios.
That being said, there is no fiend in the Realms that doesn't have a soft spot for idolatry, and admittedly We're no different. So send Us your best work and know that mortals who amuse Us often get better perks.
9. WARRANTIES
The following warranties give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
Larian Studios warrants that it has the right to enter into this Pact and to grant you the licence to use the Game and Service; that it will take reasonable care with the Game and Service and your use of them; and that it will use reasonable endeavours to comply with applicable laws in performing its obligations to you under this Pact.
We do not warrant that the Game and Service or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.
Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software or media. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this Pact. Nothing in this Pact limits our liability to you in the event of death or personal injury resulting from gross negligence, fraud, or knowing misrepresentation on our part, or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
As a service to you, We may include with the Game third party drivers and other software utilities intended to assist you with installing and operating the Game (collectively "Drivers"). We specifically disclaim 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 Game and shall not be governed by the terms of this Pact, except for this disclaimer.
10. UPDATES AND CHANGES
Larian Studios may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Larian Studios may update the Game remotely, and you hereby grant Larian Studios consent to deploy, download, install, and apply such patches, updates and modifications to your copy of the Game. As a result, older, non-updated versions of the Game may become unusable over time.
You agree that Larian Studios may change, modify, suspend, delay, limit, nerf, discontinue or restrict any aspect of the Game or Service, or your access to the Game or Service, including without limitation, any features or content of the Game or Service, and any hours of availability, content, data, software or equipment needed to access the Game or the Service, at any time. Larian Studios will notify you of such changes to the extent reasonably possible.
11. CHANGES TO THE PACT
Larian Studios reserves the right, at its sole and absolute discretion, to revise (e.g. update, change, modify, add to, supplement, or delete) any of the terms and conditions of this Pact from time to time as the Game, Service or the law evolve.
You will be given an opportunity to review and accept any revised Pact which will supersede and replace the current Pact and will be effective upon your acceptance. If you accept the revised Pact and your account remains in good standing, then you will be able to continue playing the Game subject to the terms of the revised Pact. If you decline to accept the revised Pact, any revisions to the Pact are unacceptable to you, or you cannot comply with any term of the revised Pact, then you will no longer be permitted to play the Game and We reserve the right to terminate this Pact. Your continued use of the Game following any revision to the Pact constitutes your complete and irrevocable acceptance of all Pact revisions. If the Game requires an update at the time you launch the Game, then you will have the opportunity to review and accept or reject the current version of the Pact, at that time.
12. TRANSFER
You may make a one-time permanent transfer of all your rights to install and use the Game to another end-user provided that (a) the technical protections measures used by the Game support such transfer, (b) you also transfer this Pact and all copies of the Game (including your back-up copies to the extent you have made one), and (c) you retain no copies of the Game, upgrades, updates or prior versions. Such transfer may not include access to any online feature, service or functionality, or right thereto, unlocked or downloadable content that are limited to a user account and/or that are otherwise not transferable. Larian Studios may require that any end-user of the Game or Service register the Game online as a condition of use.
13. TERMINATION
This Pact shall remain in effect for as long as you use, operate or run the Game.
You may terminate the Pact at any time and for any reason by notifying Larian Studios that you intend to terminate the agreement. Upon termination all licenses granted to you in this Pact shall immediately terminate and you must immediately and permanently remove the Game from your device and destroy all copies of the Game in your possession.
You understand and agree that certain Services connected to the Game, and the support and access to such Services are provided by Larian Studios at its discretion and may be terminated or otherwise discontinued by Larian Studios at any time, for any reason or no reason, in its sole and absolute discretion.
14. USER GAMEPLAY INFORMATION
The term "User Gameplay Information" means any information relating to your play or use of the Game, namely gameplay logs, including things like story decisions, combat decisions, deaths, in-game locations players have visited, party and character customization decisions.
You acknowledge and agree that Larian Studios may collect, store and share User Gameplay Information collected from you, both as an individual and aggregated with the User Gameplay Information of other users of the Game. User Gameplay Information will be anonymous. In addition, you acknowledge and agree that Larian Studios may analyze and use such anonymous User Gameplay Information for the purposes of review, research, development, maintenance, operation, administration, and support, and for the marketing of Larian Studios products and services.
The User Gameplay Information we collect does not allow for the identification of data subjects and thus, is not considered personal data within the meaning of the GDPR.
15. CHOICE OF LAW AND VENUE
In case of any claim, dispute, controversy, or disagreement (a "Dispute") in connection with this Pact, you agree to first attempt to settle any Dispute in an informal manner, to expedite resolution and control the costs. Thus, in case of a Dispute, you agree to negotiate in good faith with Larian Studios for at least thirty (30) calendar days prior to initiating any court proceeding. Informal negotiations will be assumed to commence upon Larian Studios' first response to your written submission of a Dispute to Larian Studios via legal@larian.com.
EXCLUDING SECTION 5 OF THE PACT, THIS PACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH IRISH LAW, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE.
EXCLUDING SECTION 5 OF THE PACT AND WITHOUT PREJUDICE TO ANY RIGHTS YOU HAVE BASED ON YOUR PERSONAL JURISDICTION AND TO THE EXTENT ALLOWED BY SUCH JURISDICTION, THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS PACT SHALL BE IN IRELAND, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN IRELAND FOR ANY SUCH LITIGATION. In any legal claim under this Pact, the side, which wins will be entitled to its legal fees and expenses.
16. LANGUAGES
For all purposes, this English language version of the Pact shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by the Larian Studios, the English language version shall govern and control.
17. ADDITIONAL PLATFORM TERMS
If you access the Game through third-party platforms, you shall be solely responsible for ensuring you use such platforms and any accounts on them in accordance with the policies applicable to such platforms and accounts. In any case, such third-party platforms shall not be responsible for a breach of this Pact. This Pact in no way aims to change any of the agreements between third-party platforms and you; the terms of such agreements shall always prevail over this Pact in anything related to the use of such platforms and the use of their intellectual property.
18. MISCELLANEOUS.
Nothing herein shall be deemed to supersede or derogate from Larian Studios' remedies at law for any violation of this Pact or applicable law. If any provision of this Pact is unenforceable, the rest of it shall remain in effect. This Pact constitutes the entire agreement between you and Larian Studios with respect to the use of the Game and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Game or any other subject matter covered by this Pact.
If you are playing the Game with a Larian Account, the Terms of Service (available at https://larian.com/tos ) apply in conjunction with this end-user license agreement.
For further information on Larian Studios' privacy standard, please refer to our Privacy Policy (available at https://larian.com/privacy ).