Original Statement/Clause |
Shortened and Simplified |
1. Grant of A Limited Use License Subject to your agreement to and continuing compliance with this License Agreement, Bethesda hereby grants, and you hereby accept, a non-transferable, non-sublicensable, non-exclusive license to (a) install the Game on one or more computers owned by you or under your legitimate control, (b) use the Game in conjunction with the Service for your noncommercial entertainment purposes only, subject to the terms of Section 2(c) below; and (c) to make and distribute copies of the Game to other potential users free of any charge for use solely on the Service. All use of the Game, or any copy of the Game, is subject to this License Agreement and to the Terms of Use, both of which must be accepted before the Game can be played. |
You can’t transfer the game to another party. You cant license it to a third party. You do not have exclusive control over it.
It can be installed only on a computer owned by you.
|
2. Additional License Limitations. The license granted to you in Section 1 above is subject to the limitations set forth in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Bethesda’s copyrights in and to the Game. You agree that you will not, under any circumstances:
A) In whole or in part, copy or reproduce (except as provided herein),translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; B) Use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Game experience, including without limitation, mods that violate the terms of this License Agreement or the Terms of Use; C) Exploit the Game or any of its parts for any commercial purpose without Bethesda’s express permission, with the sole exception that you may use the Game, or copies of the Game, on the Service at a cyber cafe, computer gaming center or any other location based site; D) Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information; provided, however, that Bethesda may, at its sole and absolute discretion, allow the use of certain third party user interfaces; E) Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by Bethesda; F) Host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Bethesda in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Bethesda), or as part of content aggregation networks; G) Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using third party programs or tools; H) Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein; or I) Use the Map Editor (defined below) to access or edit anything other than content included in an authorized copy of BETHESDA SOFTWORKS’ GAME® licensed to you.
|
License that has been given to you has limitations. If you violate these limitations, you will be infringing / violating copyright rules. The following limitations are the ones that you agree to follow :
A) You will not ‘tinker’ with the game.
B) You cannot use any third party software that is not authorized/allowed by Bethesda (this includes cheats, hacks, trainers etc). Even some mods that are unapproved by Bethesda will not be used.
C) You will not use the game for commercial purposes.
D) You will not use any third party software that intercepts or collects information from the game or its services. However, Bethesda can allow the use of such software and tools if it wishes to.
E) Cannot modify any files that are a part of the game.
F) Will not host or develop any software or tool or service that either intercepts or emulates the communication methods used by Bethesda for any purpose.
G) Will not maintain connection to a service that runs without authorization and emulates the Game.
H) You cannot sell, rent, lease or transfer a copy of the game to a third party.
I) You will not use the Map Editor to access anything else other than the maps that are included in your Game.
|
3. Map Editor. The Game includes a program that allows you to create custom levels, maps, scenarios or other materials for use in connection with the Game (the “Map Editor”). The following terms are specific to the Map Editor:
A) Map Editors can be used to create games, maps, levels and other content (“Modified Maps”) that can only be used in conjunction with the Game’s engine that is associated with a particular Map Editor.
B) The manner in which Modified Maps can be used or exploited is set forth in the Mod Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at this link http://us.Bethesda.com/en-us/company/legal/acceptable-use.html.
C) ALL MODIFIED MAPS ARE AND SHALL REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF BETHESDA. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ASSIGN TO BETHESDA ALL OF YOUR RIGHTS, TITLE AND INTEREST IN AND TO ALL MODIFIED MAPS, AND AGREE THAT YOU WILL EXECUTE FUTURE ASSIGNMENTS PROMPTLY UPON RECEIVING SUCH A REQUEST FROM BETHESDA. If an assignment is not possible, either locally or worldwide, you hereby grant to Bethesda an exclusive, irrevocable, royalty-free, assignable, sublicensable, unlimited right to use the Modified Maps temporally and geographically for any purpose, and in any way. This granting of rights includes, but is not limited to, the right to reproduce, distribute and publish the Modified Maps and to make the Modified Maps available to the public, in particular through the Service with the possibility of third parties to use, edit or modify the Modified Maps. The right to use the Modified Maps includes all types of uses unknown at the time of granting the rights. It is granted for an indefinite period of time and without any territorial restrictions. The right may be assigned or sublicensed to third parties by Bethesda without any restrictions.
|
The following are the conditions that are applicable only to the Map Editor :
A) The Map Editor can be used to create content that can be used ONLY with the game.
B) The accompanying link describes how modified maps may be used.
C) All maps that you or anyone modifies, creates or tweaks are the sole and exclusive property of Bethesda.
|
4. Service and Terms of Use. The Terms of Use agreement governs all aspects of game play. If you do not agree with the Terms of Use, then (a) you may not register for an Account to play the Game; and
(b) you may call 1-800-592-5499 within thirty (30) days after the original purchase and request a full refund of the purchase price. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.
|
Gameplay will be governed by the terms mentioned here and if you do not agree with these terms, you may do one of two things :
(a) you can decide to not register for an account and therefore not play the game; AND
(b)
You
may call 1-800-592-5499 within 30 days from the date you have purchased the
game and ask for a refund. |
5. Ownership. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Bethesda. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.
|
All the elements and contents are the game are owned and licensed by Bethesda. The game is protected by the copyright laws of the United States. |
6. Pre-Loaded Software. The media on which the Game is distributed may contain additional software that requires a separate license before it can be used (“Additional Software”). You agree that Bethesda may install this Additional Software on your hard drive as part of the Game installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on this Additional Software until and unless you receive from Bethesda a license to use it along with a valid alphanumeric key with which to activate all or portions of the Additional Software. The terms of the End User License Agreement displayed during the installation or activation of the Additional Software will replace and supersede this Agreement, but only with regard to those portions of the Additional Software for which you receive a license from Bethesda. Notwithstanding anything to the contrary herein, you may make one (1) copy of the Additional Software for archival purposes only.
|
You agree that Bethesda may install the additional third party software that is a part of the installation process.
You also agree that you will not tweak or edit or tinker with the additional third party software. |
7. No Transfer or Sublicense. THE GAME IS LICENSED, NOT SOLD. NEITHER THE GAME NOR THE LICENSE GRANTED IN SECTION 1 MAY BE SUBLICENSED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY ATTEMPT TO DO SO SHALL BE NULL AND VOID. If a court of competent jurisdiction finds the foregoing sentence to be unenforceable, you agree that you will call Bethesda Customer Service at 1-800-592-5499 to arrange for the transfer of your rights under this Agreement to another person with a valid Battle.net account; provided, however, that Bethesda may charge a processing/handling fee to facilitate the transfer, issue a unique key to the transferee, and remove the preexisting key from the Battle.net account registered to you.
|
The game is licensed to you, not sold. Therefore, you cannot pass the game to someone else and such an attempt will be considered legally void. (i.e. it will not be recognized legally)
If you wish to pass the rights of this game to someone else, you will have to contact Bethesda first and ask for permission. In this case, Bethesda may decide to charge an extra fee for “handling”. |
8. Consent to Monitor. DURING YOUR REGISTRATION FOR THE BATTLE.NET ACCOUNT YOU GRANT YOUR CONSENT TO THE FOLLOWING: WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 2. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO BETHESDA, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
|
While you are running the game, the game’s processes will monitor your computer’s RAM for any “prohibited third party software” as mentioned in Section 2. If the game detects any such software, you agree to letting the game report all information collected to Bethesda
|
9. Term and Termination.
a. Term. This Agreement is effective upon adding the Game license to a Battle.net account, and shall remain in effect for a reasonable period of time. In the event that Bethesda chooses to cease providing the Service, or license to a third party the right to provide the Service, Bethesda shall provide you with no less than three (3) months prior notice. Neither the Service nor Bethesda 's agreement to provide access to the Service shall be considered a rental or lease of time on, or capacity of, Bethesda 's servers or other technology.
b. Termination. This License Agreement is effective until terminated. You may terminate this License Agreement at any time by providing notice to Bethesda customer service via email at [email protected], at which time Bethesda will remove your license to use the Game from the Account. Bethesda may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein as well as licenses for Additional Software shall immediately terminate and you must promptly remove the Game from your hard drive.
|
a) The lease that has been provided to you will stay in force for a reasonable period of time. If Bethesda chooses to stop providing this Service to you, they will notify you three months in advance. This service or agreement is not a rental or lease of time on Bethesda’s servers
b)
This
Licenese Agreement will be effective until it is terminated.
Also, Bethesda may terminate this agreement at any time for any or no reason whatsoever. In case that happens, you must remove this game from your HD. |
10. Export Controls. The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
|
This
game may not be exported or downloaded by a resident of a country that has
been embargoed by the US of A, or someone on the Treasury Dept’s list of
Specially Designated Nationals or the US Commerce Dept’s Table Of Denial
Orders. |
11. Patches and Updates. Bethesda may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Bethesda may update the Game remotely, including without limitation the Game residing on your machine, without your knowledge, and you hereby grant to Bethesda your consent to deploy and apply such patches, updates and modifications.
|
Bethesda may deploy and install patches, updates and modifications without your knowledge. You grant them your consent to do so. |
12. Additional Manufacturer's Guarantee for the retail version of the Game. Bethesda
warrants that the media containing the Game shall be free from defects in
material and workmanship for a period of ninety (90) days from the date of
your purchase of the Game. In the event that the media containing the Game
proves to be defective during that time period, Bethesda will at its option
(a) correct any defect, (b) provide you with a similar product of similar
value, or (c) refund your money when you present Bethesda with proof of
purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR
THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME (INCLUDING WITHOUT
LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The
entire risk arising out of the use or performance of the Game (including
without limitation, the Game Client and manual(s)), remains with you, the
user. Some jurisdictions do not allow the exclusion or limitation of implied
warranties, so the above limitations may not apply to you.
|
Bethesda provides you a warranty of 90 days from the date of the purchase of your game. If any defect in the game arises, it will, according to its discretion, do one of the following three things : a) Correct the defect b) Provide you a similar product of equal value c) Refund your money if you give proof of the defect and your purchase of the defected product.
Any, and all risk that arises from the use of this risk will be liable on you; Bethesda will not be held liable for it.
|
13. Limitation of Liability, Indemnity. NEITHER BETHESDA NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NEITHER BETHESDA NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. BETHESDA SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL BETHESDA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Bethesda's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Bethesda during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Bethesda harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Bethesda arising out of or from (a) your use of the Game; (b) your violation of any provision of this Agreement (including without limitation any violation of the representations and warranties set forth in Section 3(b)); and/or (c) your creation, distribution or use of Modified Maps or other content created or edited using the Map Editor. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
|
Bethesda or its affiliated companies will not be responsible in any way for any damage that arises from the use of this product. Bethesda and its affiliates will also not be responsible for any loss of data related to the game or caused by it.
Bethesda will, under no circumstances, be liable to you.
|
14. Equitable Remedies. You hereby agree that Bethesda would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Bethesda shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Bethesda may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
|
You acknowledge and agree that in case you violate this agreement, Bethesda will be “irreparably damaged” and will be entitled to compensation of damages. |
15. Changes to the Agreement and/or Game. A) Bethesda’s Rights. Bethesda may create updated versions of this License Agreement (each a “New Agreement)” as the Game and the law evolve.
B) New Agreements. This Agreement will terminate fifteen (15) days following Bethesda’s notice that the Agreement will be revised, and/or the introduction of a New Agreement, whichever occurs first. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
A) Acceptance. If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue to play the Game subject to the terms of the New Agreement. B) Rejection. If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Game.
C) Features. Bethesda may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability
|
A) Bethesda may make updated versions of the EULA.
B) This agreement will terminate 15 days after Bethesda announces that a new agreement will be introduced. You will have an opportunity to either accept or reject the new agreement.
A) If you accept this new agreement, you can continue to play the game
B) If you reject the new agreement, you will no longer be able to play the game.
C) Bethesda may set certain restrictions on access to certain parts of the game without prior notice or liability.
|
16. Dispute Resolution. Any and all disputes between you and Bethesda which arise out of this Agreement will be resolved in accordance with the Bethesda Entertainment Dispute Resolution Policy, which is available for your review here: http://us.Bethesda.com/en-us/company/legal/dispute-resolution-policy.html
|
If there are any disputes between the user(you) or Bethesda regarding the Agreement, they will be resolved and decided according to company policy, as shown in the following link :
http://us.Bethesda.com/en-us/company/legal/dispute-resolution-policy.html |
17. Governing Law.
A) This Agreement shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles.
B) The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
C) If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
D) Users who access the Service from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
|
A) This Agreement is governed by laws of the USA and of the State of Delaware
B) United Nations Convention on Contracts For The International Sale Of Goods is not applicable to this agreement.
C) If you are a Canadian resident who wishes not to arbitrate (resolve dispute) as mentioned above, other laws may apply. These laws will only effect this to the extent that are required by the legal system. The terms and conditions of this agreement will be given as much effect as possible
D) If you are not from USA or Canada, you are responsible to comply with the applicable local laws in your country. |
18. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
|
If a part of this EULA is invalid or not enforceable by law, then that portion will be removed and the rest of the agreement will be in force. |
19. Miscellaneous. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of Sections 2-7, 10 and 12-20 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.
|
This Agreement has all the terms and conditions of the agreement between the two parties (i.e. You and Bethesda). This supersedes any form of oral or written agreement between the two above mentioned parties. |