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FINAL FANTASY XI User Agreement


Background on this User Agreement

IMPORTANT - This FINAL FANTASY XI User Agreement (this "Agreement") is a binding, legal agreement between Square Enix Ltd. ("SEL" or "us" or "we") and you ("you"), and applies to and governs your use of the FINAL FANTASY XI massively multi-player online game (the "Game"). In order to obtain access to and use of the PlayOnline online entertainment service (the "PlayOnline" or the "PlayOnline Service") you must agree to (i) this Agreement, (ii) the FINAL FANTASY XI Software License Agreement (the "License Agreement"), which you were required to accept, prior to installing the Licensed Software (as defined therein) and (iii) the PlayOnline(r) Member Agreement (the "Member Agreement"), which you were required to accept.). SEL reserves the right to change and/or updated any part of this Agreement at any time without notice given to you directly, but SEL will maintain the most current version of this Agreement at any time under the "Service & Support", "Rules & Policies" section on the website directed at http://www.playonline.com (the "Website"). It is your responsibility to check the current version of this Agreement so posted on the Website each time when you play the Game. By playing the Game, you indicate your agreement to all of the terms of this Agreement, and you agree to abide by this Agreement at all times while playing the Game and while using PlayOnline in connection with your use of the Game, whether or not you have seen such current version of this Agreement. As used herein, this "Agreement" refers to the most current version of this Agreement.

Article 1: Application of this Agreement

    The Agreement shall apply at all times to your use of the Game, including without limitation your use of PlayOnline to access or play the Game or to access or participate in any related activities, materials or features. In the event of any conflict between this Agreement, the License Agreement and the Member Agreement, this Agreement shall take precedence over the License Agreement and the Member Agreement, provided, however, that for all matters that are not covered in this Agreement, the terms of the License Agreement and the Member Agreement (as applicable) shall continue to apply.

Article 2: Data Collection and Privacy

    In the course of your playing the Game and using the PlayOnline Service, you may accumulate certain usage statistics, score information, character traits, performance records and other Game-related data that are stored for you in the Game and on PlayOnline servers (collectively, your "Player Data"). SEL makes no assurances, representations or warranties whatsoever about the accuracy, currency or continuing availability of this Player Data at any time and reserves its right, at any time and from time to time, without notice to you, to delete all or any part of your Player Data. SEL shall have no liability to you or to any third party for any such deletion, and further shall not be held responsible for any complete or partial deletion done or caused by you, any third party, or other act or occurrence beyond SEL's reasonable control, such as a fire, power outage, natural disaster, terrorist act, equipment failure or any other such act or occurrence, whether or not similar to the foregoing. In addition, your Player Data and other information about you are subject to our PlayOnline Service Privacy Policy, which you should review in its entirety and may be accessed under the "Service & Support", "Rules & Policies" section of the Website. You agree that you will not store or attempt to store any personal information or player data about other PlayOnline users, except to the extent that such storage is an integral part of the Game and necessary in order for you to play the Game.

Article 3: Prohibited Activities and Indemnification

3.1 Prohibited Activities.

    Prohibited Activities. You may not use the Game or PlayOnline for any activities that are illegal, immoral, fraudulent, or a violation of the rights of any third party. Without limiting the generality of the foregoing, the following acts and activities are strictly prohibited and shall, without prejudice to any other rights or remedies that SEL may have, be cause for immediate termination of your PlayOnline account and your right to play the Game (or any other services) in connection therewith:

    (a) Any activities consisting of selling, purchasing or exchanging "gil" or any other currency that may be used in the Game from time to time, characters, and/or Game items for value (including, but not limited to, any payment in kind and any payment in any currency recognized as legal tender in any country, state, territory or other jurisdiction anywhere in the world) through any means or venue, including, without limitation, Internet auctions or other online exchanges;
    (b) The use of or participation in the Game for the purpose, in furtherance of, or in preparation for committing any illegal acts (including, by way of example but not limitation, any kind of gambling) or otherwise violating any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;
    (c) The interference with or disruption of the Game or the PlayOnline Service or any servers or networks connected thereto, or the failure to obey any procedures, policies, regulations or other requirements of any networks connected to the PlayOnline Service;
    (d) The unauthorized use, duplication, transmission, display, performance or distribution of any items owned by you or third parties, or any other commission of any act of copyright, trademark, or patent infringement, trade secret infringement or misappropriation, or any other violation of any intellectual property or other proprietary right;
    (e) The impersonation or attempted impersonation of any employee of SEL or any SEL partner or affiliate, any other user of the Game or the PlayOnline Service, or any other person, in a manner intended to deceive or mislead any third party, or in any effort to access the account of another Game player or PlayOnline user;
    (f) The use of the Game or the PlayOnline Service to harass any third party, including other users of the Game and PlayOnline Service, or to solicit, encourage or threaten bodily harm or destruction of property; and
    (g) Use of any cheat codes or cheat devices.

3.2 Indemnification.

    You agree to indemnify, defend and hold SEL harmless from and against any and all claims, suits, actions, expenses, attorney and other legal fees and costs arising from your commission of any acts or activities prohibited by this Article 3.

Article 4: User Disputes

    You shall be solely responsible for resolving any and all disputes that may arise between you and other Game players or PlayOnline users in connection with the Game or your use of PlayOnline, and for paying any and all expenses incurred by you in connection with resolving such dispute. SEL shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.

Article 5: Disclaimer of Warranty

    You understand and acknowledge that your use of the Licensed Software (whether alone or in connection with the PlayOnline Service) may result in unpredictable damage or loss to you, including, without limitation, unexpected results or loss of data. All products and services relating to this Agreement, including, without limitation, the Licensed Software and the Documentation, are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SEL does not warrant that the Licensed Software will meet your expectations or requirements, or that the operation of the Licensed Software will be uninterrupted or error free. The entire risk as to the quality and performance of the Licensed Software is with you. SEL MAKES NO PROMISE OR OTHER WARRANTY THAT PLAYONLINE OR THE LICENSED SOFTWARE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.

Article 6: Limitation of Liability.

6.1

    You are not entitled to receive damages from SEL for any cause relating to this Agreement, to your use of the Licensed Software (whether alone or in connection with the PlayOnline Service), or to any materials or services provided by any third party in connection with your use of the Licensed Software. In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SEL or with the distribution, operation, development, or performance of the Licensed Software or any related products.

6.2

    IN NO EVENT SHALL SEL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SEL'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO SEL AS YOUR SUBSCRIPTION FEE FOR USE OF THE PLAYONLINE SERVICE AND/OR ANY RELATED PRODUCTS OR SERVICES.

6.3

    You acknowledge that, should you breach any provision of this Agreement, SEL, its licensors or business partners may suffer loss and damage (which may or may not arise from third party claims as a result of your breach). You agree therefore that you will reimburse SEL all reasonable costs, losses, expenses (including legal fees) incurred by SEL, its licensors or business partners, as a result of your breach. Nothing in this Agreement will exclude or limit the liability of any party for death or personal injury caused by their negligence or the liability of any party to another for fraudulent misrepresentation.

Article 7: Supplementary Provision

    This Agreement is governed by and shall be construed in accordance with English law. English courts shall have jurisdiction, provided that SEL shall be entitled to bring or apply for any action, claim, injunction or any other legal or judicial proceedings in any competent court or tribunal in any jurisdiction. No person other than you or SEL has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any provision of this Agreement.


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FINAL FANTASY XI User Agreement


Background on this User Agreement

IMPORTANT - This FINAL FANTASY XI User Agreement (this "Agreement") is a binding, legal agreement between Square Enix Ltd. ("SEL" or "us" or "we") and you ("you"), and applies to and governs your use of the FINAL FANTASY XI massively multi-player online game (the "Game"). In order to obtain access to and use of the PlayOnline online entertainment service (the "PlayOnline" or the "PlayOnline Service") you must agree to (i) this Agreement, (ii) the FINAL FANTASY XI Software License Agreement (the "License Agreement"), which you were required to accept, prior to installing the Licensed Software (as defined therein) and (iii) the PlayOnline(r) Member Agreement (the "Member Agreement"), which you were required to accept.). SEL reserves the right to change and/or updated any part of this Agreement at any time without notice given to you directly, but SEL will maintain the most current version of this Agreement at any time under the "Service & Support", "Rules & Policies" section on the website directed at http://www.playonline.com (the "Website"). It is your responsibility to check the current version of this Agreement so posted on the Website each time when you play the Game. By playing the Game, you indicate your agreement to all of the terms of this Agreement, and you agree to abide by this Agreement at all times while playing the Game and while using PlayOnline in connection with your use of the Game, whether or not you have seen such current version of this Agreement. As used herein, this "Agreement" refers to the most current version of this Agreement.

Article 1: Application of this Agreement

    The Agreement shall apply at all times to your use of the Game, including without limitation your use of PlayOnline to access or play the Game or to access or participate in any related activities, materials or features. In the event of any conflict between this Agreement, the License Agreement and the Member Agreement, this Agreement shall take precedence over the License Agreement and the Member Agreement, provided, however, that for all matters that are not covered in this Agreement, the terms of the License Agreement and the Member Agreement (as applicable) shall continue to apply.

Article 2: Data Collection and Privacy

    In the course of your playing the Game and using the PlayOnline Service, you may accumulate certain usage statistics, score information, character traits, performance records and other Game-related data that are stored for you in the Game and on PlayOnline servers (collectively, your "Player Data"). SEL makes no assurances, representations or warranties whatsoever about the accuracy, currency or continuing availability of this Player Data at any time and reserves its right, at any time and from time to time, without notice to you, to delete all or any part of your Player Data. SEL shall have no liability to you or to any third party for any such deletion, and further shall not be held responsible for any complete or partial deletion done or caused by you, any third party, or other act or occurrence beyond SEL's reasonable control, such as a fire, power outage, natural disaster, terrorist act, equipment failure or any other such act or occurrence, whether or not similar to the foregoing. In addition, your Player Data and other information about you are subject to our PlayOnline Service Privacy Policy, which you should review in its entirety and may be accessed under the "Service & Support", "Rules & Policies" section of the Website. You agree that you will not store or attempt to store any personal information or player data about other PlayOnline users, except to the extent that such storage is an integral part of the Game and necessary in order for you to play the Game.

Article 3: Prohibited Activities and Indemnification

3.1 Prohibited Activities.

    Prohibited Activities. You may not use the Game or PlayOnline for any activities that are illegal, immoral, fraudulent, or a violation of the rights of any third party. Without limiting the generality of the foregoing, the following acts and activities are strictly prohibited and shall, without prejudice to any other rights or remedies that SEL may have, be cause for immediate termination of your PlayOnline account and your right to play the Game (or any other services) in connection therewith:

    (a) Any activities consisting of selling, purchasing or exchanging "gil" or any other currency that may be used in the Game from time to time, characters, and/or Game items for value (including, but not limited to, any payment in kind and any payment in any currency recognized as legal tender in any country, state, territory or other jurisdiction anywhere in the world) through any means or venue, including, without limitation, Internet auctions or other online exchanges;
    (b) The use of or participation in the Game for the purpose, in furtherance of, or in preparation for committing any illegal acts (including, by way of example but not limitation, any kind of gambling) or otherwise violating any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;
    (c) The interference with or disruption of the Game or the PlayOnline Service or any servers or networks connected thereto, or the failure to obey any procedures, policies, regulations or other requirements of any networks connected to the PlayOnline Service;
    (d) The unauthorized use, duplication, transmission, display, performance or distribution of any items owned by you or third parties, or any other commission of any act of copyright, trademark, or patent infringement, trade secret infringement or misappropriation, or any other violation of any intellectual property or other proprietary right;
    (e) The impersonation or attempted impersonation of any employee of SEL or any SEL partner or affiliate, any other user of the Game or the PlayOnline Service, or any other person, in a manner intended to deceive or mislead any third party, or in any effort to access the account of another Game player or PlayOnline user;
    (f) The use of the Game or the PlayOnline Service to harass any third party, including other users of the Game and PlayOnline Service, or to solicit, encourage or threaten bodily harm or destruction of property; and
    (g) Use of any cheat codes or cheat devices.

3.2 Indemnification.

    You agree to indemnify, defend and hold SEL harmless from and against any and all claims, suits, actions, expenses, attorney and other legal fees and costs arising from your commission of any acts or activities prohibited by this Article 3.

Article 4: User Disputes

    You shall be solely responsible for resolving any and all disputes that may arise between you and other Game players or PlayOnline users in connection with the Game or your use of PlayOnline, and for paying any and all expenses incurred by you in connection with resolving such dispute. SEL shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.

Article 5: Disclaimer of Warranty

    You understand and acknowledge that your use of the Licensed Software (whether alone or in connection with the PlayOnline Service) may result in unpredictable damage or loss to you, including, without limitation, unexpected results or loss of data. All products and services relating to this Agreement, including, without limitation, the Licensed Software and the Documentation, are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED SOFTWARE AND YOUR USE THEREOF, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SEL does not warrant that the Licensed Software will meet your expectations or requirements, or that the operation of the Licensed Software will be uninterrupted or error free. The entire risk as to the quality and performance of the Licensed Software is with you. SEL MAKES NO PROMISE OR OTHER WARRANTY THAT PLAYONLINE OR THE LICENSED SOFTWARE WILL WORK PROPERLY WITH ANY PERIPHERAL DEVICE, INCLUDING, BUT NOT LIMITED TO, MEMORY CARD(S), NETWORK ADAPTORS AND MODEMS.

Article 6: Limitation of Liability.

6.1

    You are not entitled to receive damages from SEL for any cause relating to this Agreement, to your use of the Licensed Software (whether alone or in connection with the PlayOnline Service), or to any materials or services provided by any third party in connection with your use of the Licensed Software. In addition, in no event will you be entitled to obtain any injunctive relief or otherwise enjoin, restrain, or otherwise interfere with SEL or with the distribution, operation, development, or performance of the Licensed Software or any related products.

6.2

    IN NO EVENT SHALL SEL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SEL'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER EXCEED THE HIGHEST AMOUNT PAID BY YOU IN A SINGLE MONTH TO SEL AS YOUR SUBSCRIPTION FEE FOR USE OF THE PLAYONLINE SERVICE AND/OR ANY RELATED PRODUCTS OR SERVICES.

6.3

    You acknowledge that, should you breach any provision of this Agreement, SEL, its licensors or business partners may suffer loss and damage (which may or may not arise from third party claims as a result of your breach). You agree therefore that you will reimburse SEL all reasonable costs, losses, expenses (including legal fees) incurred by SEL, its licensors or business partners, as a result of your breach. Nothing in this Agreement will exclude or limit the liability of any party for death or personal injury caused by their negligence or the liability of any party to another for fraudulent misrepresentation.

Article 7: Supplementary Provision

    This Agreement is governed by and shall be construed in accordance with English law. English courts shall have jurisdiction, provided that SEL shall be entitled to bring or apply for any action, claim, injunction or any other legal or judicial proceedings in any competent court or tribunal in any jurisdiction. No person other than you or SEL has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any provision of this Agreement.


Version 1.0


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