This end user license agreement (this EULA) is an agreement between you (individual or single entity) and GameStop, ("GameStop") for the GameStop PC Downloads program including the GameStop App Client (the SOFTWARE) that is accompanying this EULA. YOUR INSTALLATION OR USE OF THE SOFTWARE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THIS EULA. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is not sold, it is licensed. Your license confers no title to or ownership in the SOFTWARE. The Company and its licensors and the Third Party Providers (as defined below) own and will retain all title, ownership rights and intellectual property rights in and to the Product. For the avoidance of doubt, any plugins, installers, or client software that you may be provided with or asked to install or download in order to use or access the Service are included in the SOFTWARE.
In order to install the SOFTWARE on your computer, you must have or establish an account (your “ACCOUNT”) on GameStop PC Downloads’s website, www.impulsedriven.com.
The LICENSED VERSION means a registered version of the SOFTWARE connected to the personal registration number identifying your ACCOUNT. If you accept the terms and conditions of this EULA, you have certain rights and obligations as follows:
- Install and use one copy of the LICENSED VERSION on a single computer.
- Install the LICENSED VERSION on another computer only if you change your main workstation. In such a case you must completely uninstall the SOFTWARE from the old computer (for example, if you were to sell the old machine).
- Make a single copy of the LICENSED VERSION for archival purposes only.
YOU MAY NOT:
- Copy and distribute the SOFTWARE or any portion of it except as expressly provided in this EULA.
- Sublicense, rent, lease or transfer your personal registration number, the SOFTWARE (or any portion of it) or your rights under this EULA.
- Decompile, disassemble, reverse engineer or modify the SOFTWARE or any portion of it, or make any attempt to bypass, unlock, or disable any protective or initialization system on the SOFTWARE.
- Copy the documentation accompanying the SOFTWARE.
- Upload or transmit the SOFTWARE, or any portion thereof to any electronic bulletin board, network, or other type of multi-use computer system (except for cloud based backup systems) regardless of purpose.
- Share or use a LICENSED VERSION concurrently on different computers
- Include the SOFTWARE or any portion or component thereof in any commercial products intended for manufacture, distribution, or sale.
- Use the SOFTWARE in any manner not expressly authorized by this EULA.
One or more proprietary programs or services provided and/or owned by third-parties ("Third Party Providers") or open source programs or services (collectively, “Licensed Programs”) may be embodied in, bundled with, or otherwise provided by GameStop to you in connection with the SOFTWARE. The Licensed Programs may be subject to additional copyright notices and are licensed and distributed under the terms of the third party or open source license applicable to each such Licensed Program. By installing and/or using the SOFTWARE, you agree that you have read, understand and agree to be bound by the terms of such license. Copies of the licenses are included in the files or other materials associated with the SOFTWARE and are also accessible through GameStop’s website at http://www.impulsedriven.com. Where required by the applicable license, the source code for the corresponding Licensed Program distributed by GameStop can be accessed via GameStop’s website at http://www.impulsedriven.com. You may also obtain a copy of such source code by contacting GameStop through the contact information provided on the website. Any rights associated with any Licensed Program apply to that Licensed Program only, and not to any other programs owned by GameStop or its licensors or the Third Party Providers, even if distributed together with the Licensed Program.
SINCE THE SOFTWARE IS LICENSED FREE OF CHARGE TO YOU, THERE IS NO WARRANTY FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS AND WITH ALL FAULTS.” GAMESTOP AND THE THIRD PARTY PROVIDERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, GAMESTOP AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (a) THE SOFTWARE WILL BE ERROR-FREE, (b) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR (d) THE SOFTWARE WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE. NO WRITTEN OR ORAL STATEMENTS BY GAMESTOP OR OTHERS SHALL CONSTITUTE WARRANTIES OF GAMESTOP.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF GAMESTOP OR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS EULA, INCLUDING YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR ANY CLAIM MADE BY A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, DATA OR GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS) REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED ON, EVEN IF GAMESTOP HAS OR YOUR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
IN NO EVENT UNDER ANY THEORY OF LIABILITY WILL THE AGGREGATE LIABILITY OF GAMESTOP AND THE THIRD PARTY PROVIDERS FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR ITS SUBJECT MATTER OR ANY PRODUCT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TEN US DOLLARS (US$10.00). GAMESTOP AND THE THIRD PARTY PROVIDERS’ LIMITATION ON LIABILITY IS CUMULATIVE, WITH ALL OF GAMESTOP AND THIRD PARTY PROVIDERS’ PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS, TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
GAMESTOP HAS NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE. GAMESTOP AND ITS SUPPLIERS OR LICENSORS MAY, WITHOUT FURTHER NOTICE TO YOU, PERIODICALLY ACCESS YOUR SOFTWARE REMOTELY TO UPDATE, MODIFY, ADD TO OR UPGRADE THE SOFTWARE. IN RARE INSTANCES, SUCH UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP ANY DATA STORED TO PREVENT THIS FROM OCCURRING.
This license is effective from the date of your acceptance of its terms, and shall remain in force until terminated, which will occur automatically, without notice, if you breach any term hereof or any other agreement between you and GameStop. You may terminate the license and this EULA at any time by destroying the SOFTWARE and its documentation, together with all copies in any form.
The SOFTWARE is the intellectual property of and is owned by GameStop and its licensors. The structure, organization, and code of the SOFTWARE are the valuable trade secrets and confidential information of the Company and its licensors. The SOFTWARE is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the SOFTWARE and all rights not expressly granted are reserved by the Company and its licensors.
YOU ALSO AGREE THAT THIS EULA (AND THE TERMS OF SERVICE POSTED ON THE GAMESTOP WEBSITE) IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THIS EULA BETWEEN YOU AND THE COMPANY AND SUPERSEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY OR ANY REPRESENTATIVE OF THE COMPANY RELATING TO THE SUBJECT MATTER OF THIS EULA.
GameStop is a trademark of GameStop
© GameStop and its licensors (as applicable) 1998-2013. All rights reserved.
All third party trademarks in this document and in the SOFTWARE are the property of their respective owners and no rights thereto are claimed by GameStop
You acknowledge that the SOFTWARE is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that you will not export or re-export the SOFTWARE, directly or indirectly, to any countries that are subject to U.S. export restrictions or otherwise in violation of applicable law. In particular, but without limitation, the SOFTWARE may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SOFTWARE, you represent and warrant that you are not located in any such country or on any such list. Your further acknowledge that the SOFTWARE may include technical data subject to export and re-export restrictions imposed by law.
The SOFTWARE is “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government's rights with respect to the SOFTWARE are limited by this EULA pursuant to FAR §§ 12.212 (1995) and 12.211 (1995) and/or DFAR 227.7202-3, as applicable. As such, the SOFTWARE is being licensed to the U.S. Government end users: (a) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (b) with only those limited rights as are granted to the public pursuant to this EULA. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this EULA.
This EULA will be binding upon and inure to the benefit of GameStop and you and the respective successors and permitted assigns. If any provision of this EULA is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this EULA. Any waiver, amendment, supplementation or modification of any provision of this EULA will be effective only if it is in writing and signed by GameStop and you. Any waiver of any breach or failure to enforce any provision of this EULA will not be deemed a future waiver of such term or a waiver of any other provision. For clarity, this EULA will be subject to the claims limitations, governing law, and jurisdiction provisions stated in the Terms of Service posted on the GameStop website. In the event that there is a conflict between this EULA and those Terms of Service, this EULA will prevail.
Last updated: December 6, 2012