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SQUARE ENIX EUROPE Security Token Terms of Use

Your particular attention is drawn to the Limitation of Liability contained in clause 12 below.


Article 1 Purpose

    Users registered with SQUARE ENIX's online services, including without limitation PlayOnline, FINALFANTASY XI or FINAL FANTASY XIV (each a “Service”) (“Registered Users”), may choose but are not obliged to use the security token services provided by SQUARE ENIX for their Square Enix Account verification. A security token ("Security Token") is a security device used to give authorized users secure access to the Website and/or Services (as defined in the Square Enix Account Terms of Use). This SQUARE ENIX EUROPE Security Token Terms of Use ("Agreement") is an agreement with respect to your acquisition and use of a SQUARE ENIX Security Token.

Article 2 Requirements

  1. You may only use the Security Token if you meet the following conditions:
    (a) You have completed SQUARE ENIX's registration procedures, you have a SQUARE ENIX Account, and you have registered your Security Token;
    (b)You agree to be bound by the terms and conditions of this Agreement and any other guidelines, rules and policies set by SQUARE ENIX, including but not limited to, the SQUARE ENIX ACCOUNT TERMS OF USE which can be found here at (http://support.eu.square-enix.com/rule.php?id=612&la=2&tag=sqexaccount)., the license and user agreements for any Service (such as the FINAL FANTASY XIV User Agreement or PlayOnline Members Agreement http://support.eu.square-enix.com/rule.php?id=493&la=2&tag=polmember), and SQUARE ENIX’s Privacy Policy; . If you do not accept the terms of the Privacy Policy or the terms of this Agreement, please discontinue your use of the Security Token immediately
    (c)You represent and warrant that all registration information is truthful and accurate and that you will accurately update such information;
    (d)You are at least twelve (12) years old. If you are a minor (ie under eighteen (18) years old), your parent or guardian must enter into this agreement on your behalf.
  2. By purchasing and/or using the Security Token, you signify YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
  3. If there are any discrepancies between this Agreement and any other Terms of Use and/or guidelines, the order of precedence is as follows: (1) SQUARE ENIX Security Token Terms of Use, (2) the User Agreement for any Service and (3) SQUARE ENIX Account Terms of Use.
  4. Subject always to your statutory rights as a consumer which remain unaffected, at any time, in its sole discretion and on giving you reasonable notice, SQUARE ENIX may: (a) revise this Agreement; (b) modify the use of the Security Token; and/or (c) discontinue the use and acceptance of Security Tokens. SQUARE ENIX will post any revision to this Agreement to the Website and send you notice either to your registered email address or at log in to your Square Enix Account, and the revision will be effective immediately on such notice being given to you. . You agree that, by continuing to use or access the Website following the notice of any revision, you will be bound by any such revision.

Article 3 Obtaining the Security Token

  1. You may order a Security Token by following the steps outlined by SQUARE ENIX. When ordering the Security Token, you must provide your name, address, shipping address and phone number. Also, you must represent and warrant that all information provided is truthful and accurate.
  2. Your order for the Security Token is deemed accepted at the time we send a confirmation e-mail to your registered e-mail address. You may not cancel any orders once a confirmation e-mail is sent.
  3. Please be aware that a delay in shipment is possible due to availability or any other reason. In the event that your Security Token is not shipped within a reasonable period, SQUARE ENIX will notify you via e-mail and allow for a cancellation or a refund of the purchase price.
  4. Once the Security Token is shipped to and received by you, you will assume sole ownership of, and be solely responsible for, the Security Token.

Article 4 Payment

    Payments for the Security Token can be made by credit card/debit card or by the redemption of Crysta® (for users located in territories where Crysta is available for purchase) through the Square Enix Account Management System, or by credit card/debit card through PlayOnline (for FINAL FANTASY XI players that use that Service). The SQUARE ENIX Account Terms of Use are applicable to the order and payment for the Security Token.

Article 5 Shipment

  1. Once an order and payment for the Security Token is received, it will be shipped via a carrier of SQUARE ENIX's choice.
  2. In the event that the shipment cannot be delivered to the address listed on the purchase order, SQUARE ENIX will send a notice to your registered email address. If we hear back within the period allowed for reshipments ("Reshipment Period"), we will reship the Security Token. An additional reshipment fee may be charged. If we do not hear back within the allotted Reshipment Period, the order for the Security Token will be deemed cancelled. A refund for the Security Token will be given, subject to a deduction of our reasonable shipment costs.
  3. SQUARE ENIX will not be liable or deemed to be in default for any delays or failure in shipment resulting directly or indirectly from any cause of circumstances beyond the control of SQUARE ENIX, including but not limited to third party acts/omissions, acts of God, acts of public enemy, war, terrorism, accident, fires, natural disasters, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.

Article 6 Returns and/or Exchanges

  1. You have the right to withdraw from any transaction made on-line for the purchase of a Security Token within any statutory time limits established by law within the relevant jurisdiction where the purchase was made.
  2. You must check that your Security Token is fully functional within 14 days of receiving the Security Token. If you run into the following situations, please notify SQUARE ENIX Support Center promptly http://support.eu.square-enix.com/contacttop.php?id=612&la=2:
    a. Your password does not appear on the Security Token despite following instructions;
    b. You are unable to log into the SQUARE ENIX Account Management System or PlayOnline (if applicable) after having registered the Security Token and inputting your SQUARE ENIX ID and the one-time password provided by the Security Token.

Article 7 Replacement

    Without prejudice to your statutory rights as a consumer Square Enix will either replace or repair a Security Token within the first twelve (12) months after delivery if all of the following conditions are met: (1) The Security Token malfunctions within twelve (12) months of delivery; (2) the malfunction was not caused (directly or indirectly) by the Registered User; and (3) the Registered User is, and at all relevant times has been, in compliance with this Agreement. Square Enix will have sole discretion in determining whether a Security Token will be repaired or replaced. To request a repair or replacement Security Token, the Registered User should contact the SQUARE ENIX Support Centre.

Article 8 Use of the Security Token

  1. In order to use your Security Token with the SQUARE ENIX Account Management System or PlayOnline, you must register your Security Token through your SQUARE ENIX Account. Please register and create a SQUARE ENIX Account if you do not have done so already: https://secure.square-enix.com/regist/;
  2. Once your Security Token is registered, the Security Token will issue a one-time-only password which you must use to log in. Unless you disable your registration of the Security Token, you will not be able to log in using your SQUARE ENIX ID (or PlayOnline ID) and regular (not one-time) password anymore;
  3. If your Security Token subsequently runs out of batteries, it will no longer be able to obtain a one-time password and, consequently, you will be unable to log in. Accordingly, if your Security Token shows low batteries, please go to the “Security Expansion” section of the Square Enix Account Management System, then select the “Security Token Usage Settings,” then select “Security token removal.” If you are unable to login to your Square Enix Account or PlayOnline account due to a failing security token, please use the SQUARE ENIX Support Center to assist you in disassociating the security token from your account. You are solely responsible for the use and maintenance of your SQUARE ENIX ID and Security Token.

Article 9 Prohibited Use of the Security Token

    The following acts are prohibited:
    Decompiling, reverse engineering, or disassembling the Security Token;
    Replacing batteries for the Security Token (The Security Token is freshly formatted and cannot be used once the batteries are replaced);
    Application of alcoholic fluids or oil (such as thinners and Benzine) on the Security Token;
    Leaving the Security Token in places easily reachable by small children;
    Leaving the Security Token somewhere with high temperature or humidity, or in direct sunlight;
    Engaging in or instigating any use beyond the scope of what Security Tokens are normally used for.

Article 10 Cancellation

    SQUARE ENIX reserves the right, in its sole discretion, to restrict, suspend or terminate your use of the Security Token, as well as access to all or any part of any Website/Services provided by SQUARE ENIX, for any or no reason Without Prejudice to your statutory rights as a consumer.

Article 11 DISCLAIMER OF WARRANTIES

    TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT SQUARE ENIX AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES CONDITIONS OR TERMS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE CONCERNING THE SECURITY TOKEN. SQUARE ENIX IS PROVIDING THE SECURITY TOKEN "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SECURITY TOKEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY TOKEN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING SQUARE ENIX DOES NOT WARRANT THAT THE SECURITY TOKEN AND ITS USE WITH SQUARE ENIX WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SECURITY TOKEN AND THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

    Regardless of negligence or willfulness and to the fullest extent permitted by law, SQUARE ENIX will not be liable for any damages caused by a third party's use of your SQUARE ENIX ID (or PlayOnline ID) and password, whether or not you use a Security Token. If you have reason to believe that your account is no longer secure, or in the event of a loss, theft, or unauthorized disclosure or use of your SQUARE ENIX ID (or PlayOnline ID), password or Security Token, you must promptly notify SQUARE ENIX of the problem by contacting the SQUARE ENIX Support Centre.

Article 12 LIMITED LIABILITY

    IN RESPECT OF EACH SERVICE OR OTHER ITEM OF GOODS PURCHASED BY YOU VIA THE WEBSITE, YOU CAN RECOVER FROM SQUARE ENIX ITS PARENT, SUBISIDARY AND AFFILIATED COMPANIES (“SQUARE ENIX PARTIES”) ONLY DAMAGES WHICH ARE A FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT BY SQUARE ENIX UP TO AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT PAID BY YOU FOR THE SECURITY TOKEN . THE SQUARE ENIX PARTIESARE NOT RESPONSIBLE FOR INDIRECT OR SO CALLED CONSEQUENTIAL LOSS WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA.

    NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT SQUARE ENIX’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THAT PART’S NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR RESTRICTED BY LAW.

    SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN CLAUSE 11 AND THIS CLAUSE 12. NOTHING IN CLAUSE 11 AND THIS CLAUSE 12 SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

Article 13 INDEMNITY

    YOU AGREE TO PAY AND REIMBURSE US IN FULL FOR THE AMOUNT OF ALL COSTS, FEES, EXPENSES, DAMAGES, PENALTIES, LIABILITIES AND OTHER LOSSES WHICH SQUARE ENIX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS AND EMPLOYEES INCUR OR SUFFER DUE TO YOUR USAGE OF THE SECURITY TOKEN, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.

Article 14 Choice of Law and Venue

    This Agreement and the use of the Security Token are controlled and operated by SQUARE ENIX from its offices in the United Kingdom. SQUARE ENIX makes no representation that any of the materials or Services to which you have been given access are available or appropriate for use in other locations.

    This Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, English law. Each party irrevocably submits for all purposes in connection with the Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in the Agreement shall limit Square Enix’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not), to the extent permitted by the law of such other jurisdiction.

    This Agreement was last modified 16 December 2014.

    This Service incorporating the Security Token is operated by:
    Square Enix Limited, incorporated in England and Wales
    Company Number 01804186
    240 Blackfriars Road
    London SE1 8NW
    England


© 2009-2019 SQUARE ENIX CO., LTD. All Rights Reserved.

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SQUARE ENIX EUROPE Security Token Terms of Use

Your particular attention is drawn to the Limitation of Liability contained in clause 12 below.


Article 1 Purpose

    Users registered with SQUARE ENIX's online services, including without limitation PlayOnline, FINALFANTASY XI or FINAL FANTASY XIV (each a “Service”) (“Registered Users”), may choose but are not obliged to use the security token services provided by SQUARE ENIX for their Square Enix Account verification. A security token ("Security Token") is a security device used to give authorized users secure access to the Website and/or Services (as defined in the Square Enix Account Terms of Use). This SQUARE ENIX EUROPE Security Token Terms of Use ("Agreement") is an agreement with respect to your acquisition and use of a SQUARE ENIX Security Token.

Article 2 Requirements

  1. You may only use the Security Token if you meet the following conditions:
    (a) You have completed SQUARE ENIX's registration procedures, you have a SQUARE ENIX Account, and you have registered your Security Token;
    (b)You agree to be bound by the terms and conditions of this Agreement and any other guidelines, rules and policies set by SQUARE ENIX, including but not limited to, the SQUARE ENIX ACCOUNT TERMS OF USE which can be found here at (http://support.eu.square-enix.com/rule.php?id=612&la=2&tag=sqexaccount)., the license and user agreements for any Service (such as the FINAL FANTASY XIV User Agreement or PlayOnline Members Agreement http://support.eu.square-enix.com/rule.php?id=493&la=2&tag=polmember), and SQUARE ENIX’s Privacy Policy; . If you do not accept the terms of the Privacy Policy or the terms of this Agreement, please discontinue your use of the Security Token immediately
    (c)You represent and warrant that all registration information is truthful and accurate and that you will accurately update such information;
    (d)You are at least twelve (12) years old. If you are a minor (ie under eighteen (18) years old), your parent or guardian must enter into this agreement on your behalf.
  2. By purchasing and/or using the Security Token, you signify YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
  3. If there are any discrepancies between this Agreement and any other Terms of Use and/or guidelines, the order of precedence is as follows: (1) SQUARE ENIX Security Token Terms of Use, (2) the User Agreement for any Service and (3) SQUARE ENIX Account Terms of Use.
  4. Subject always to your statutory rights as a consumer which remain unaffected, at any time, in its sole discretion and on giving you reasonable notice, SQUARE ENIX may: (a) revise this Agreement; (b) modify the use of the Security Token; and/or (c) discontinue the use and acceptance of Security Tokens. SQUARE ENIX will post any revision to this Agreement to the Website and send you notice either to your registered email address or at log in to your Square Enix Account, and the revision will be effective immediately on such notice being given to you. . You agree that, by continuing to use or access the Website following the notice of any revision, you will be bound by any such revision.

Article 3 Obtaining the Security Token

  1. You may order a Security Token by following the steps outlined by SQUARE ENIX. When ordering the Security Token, you must provide your name, address, shipping address and phone number. Also, you must represent and warrant that all information provided is truthful and accurate.
  2. Your order for the Security Token is deemed accepted at the time we send a confirmation e-mail to your registered e-mail address. You may not cancel any orders once a confirmation e-mail is sent.
  3. Please be aware that a delay in shipment is possible due to availability or any other reason. In the event that your Security Token is not shipped within a reasonable period, SQUARE ENIX will notify you via e-mail and allow for a cancellation or a refund of the purchase price.
  4. Once the Security Token is shipped to and received by you, you will assume sole ownership of, and be solely responsible for, the Security Token.

Article 4 Payment

    Payments for the Security Token can be made by credit card/debit card or by the redemption of Crysta® (for users located in territories where Crysta is available for purchase) through the Square Enix Account Management System, or by credit card/debit card through PlayOnline (for FINAL FANTASY XI players that use that Service). The SQUARE ENIX Account Terms of Use are applicable to the order and payment for the Security Token.

Article 5 Shipment

  1. Once an order and payment for the Security Token is received, it will be shipped via a carrier of SQUARE ENIX's choice.
  2. In the event that the shipment cannot be delivered to the address listed on the purchase order, SQUARE ENIX will send a notice to your registered email address. If we hear back within the period allowed for reshipments ("Reshipment Period"), we will reship the Security Token. An additional reshipment fee may be charged. If we do not hear back within the allotted Reshipment Period, the order for the Security Token will be deemed cancelled. A refund for the Security Token will be given, subject to a deduction of our reasonable shipment costs.
  3. SQUARE ENIX will not be liable or deemed to be in default for any delays or failure in shipment resulting directly or indirectly from any cause of circumstances beyond the control of SQUARE ENIX, including but not limited to third party acts/omissions, acts of God, acts of public enemy, war, terrorism, accident, fires, natural disasters, electrical failures, telephone system failures, restraining orders or decrees of any court, strikes, postal delays, explosions, governmental orders, or regulations.

Article 6 Returns and/or Exchanges

  1. You have the right to withdraw from any transaction made on-line for the purchase of a Security Token within any statutory time limits established by law within the relevant jurisdiction where the purchase was made.
  2. You must check that your Security Token is fully functional within 14 days of receiving the Security Token. If you run into the following situations, please notify SQUARE ENIX Support Center promptly http://support.eu.square-enix.com/contacttop.php?id=612&la=2:
    a. Your password does not appear on the Security Token despite following instructions;
    b. You are unable to log into the SQUARE ENIX Account Management System or PlayOnline (if applicable) after having registered the Security Token and inputting your SQUARE ENIX ID and the one-time password provided by the Security Token.

Article 7 Replacement

    Without prejudice to your statutory rights as a consumer Square Enix will either replace or repair a Security Token within the first twelve (12) months after delivery if all of the following conditions are met: (1) The Security Token malfunctions within twelve (12) months of delivery; (2) the malfunction was not caused (directly or indirectly) by the Registered User; and (3) the Registered User is, and at all relevant times has been, in compliance with this Agreement. Square Enix will have sole discretion in determining whether a Security Token will be repaired or replaced. To request a repair or replacement Security Token, the Registered User should contact the SQUARE ENIX Support Centre.

Article 8 Use of the Security Token

  1. In order to use your Security Token with the SQUARE ENIX Account Management System or PlayOnline, you must register your Security Token through your SQUARE ENIX Account. Please register and create a SQUARE ENIX Account if you do not have done so already: https://secure.square-enix.com/regist/;
  2. Once your Security Token is registered, the Security Token will issue a one-time-only password which you must use to log in. Unless you disable your registration of the Security Token, you will not be able to log in using your SQUARE ENIX ID (or PlayOnline ID) and regular (not one-time) password anymore;
  3. If your Security Token subsequently runs out of batteries, it will no longer be able to obtain a one-time password and, consequently, you will be unable to log in. Accordingly, if your Security Token shows low batteries, please go to the “Security Expansion” section of the Square Enix Account Management System, then select the “Security Token Usage Settings,” then select “Security token removal.” If you are unable to login to your Square Enix Account or PlayOnline account due to a failing security token, please use the SQUARE ENIX Support Center to assist you in disassociating the security token from your account. You are solely responsible for the use and maintenance of your SQUARE ENIX ID and Security Token.

Article 9 Prohibited Use of the Security Token

    The following acts are prohibited:
    Decompiling, reverse engineering, or disassembling the Security Token;
    Replacing batteries for the Security Token (The Security Token is freshly formatted and cannot be used once the batteries are replaced);
    Application of alcoholic fluids or oil (such as thinners and Benzine) on the Security Token;
    Leaving the Security Token in places easily reachable by small children;
    Leaving the Security Token somewhere with high temperature or humidity, or in direct sunlight;
    Engaging in or instigating any use beyond the scope of what Security Tokens are normally used for.

Article 10 Cancellation

    SQUARE ENIX reserves the right, in its sole discretion, to restrict, suspend or terminate your use of the Security Token, as well as access to all or any part of any Website/Services provided by SQUARE ENIX, for any or no reason Without Prejudice to your statutory rights as a consumer.

Article 11 DISCLAIMER OF WARRANTIES

    TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT SQUARE ENIX AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES CONDITIONS OR TERMS EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE CONCERNING THE SECURITY TOKEN. SQUARE ENIX IS PROVIDING THE SECURITY TOKEN "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SECURITY TOKEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUARE ENIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SECURITY TOKEN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING SQUARE ENIX DOES NOT WARRANT THAT THE SECURITY TOKEN AND ITS USE WITH SQUARE ENIX WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SECURITY TOKEN AND THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

    Regardless of negligence or willfulness and to the fullest extent permitted by law, SQUARE ENIX will not be liable for any damages caused by a third party's use of your SQUARE ENIX ID (or PlayOnline ID) and password, whether or not you use a Security Token. If you have reason to believe that your account is no longer secure, or in the event of a loss, theft, or unauthorized disclosure or use of your SQUARE ENIX ID (or PlayOnline ID), password or Security Token, you must promptly notify SQUARE ENIX of the problem by contacting the SQUARE ENIX Support Centre.

Article 12 LIMITED LIABILITY

    IN RESPECT OF EACH SERVICE OR OTHER ITEM OF GOODS PURCHASED BY YOU VIA THE WEBSITE, YOU CAN RECOVER FROM SQUARE ENIX ITS PARENT, SUBISIDARY AND AFFILIATED COMPANIES (“SQUARE ENIX PARTIES”) ONLY DAMAGES WHICH ARE A FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT BY SQUARE ENIX UP TO AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT PAID BY YOU FOR THE SECURITY TOKEN . THE SQUARE ENIX PARTIESARE NOT RESPONSIBLE FOR INDIRECT OR SO CALLED CONSEQUENTIAL LOSS WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU AND US INCLUDING BUT NOT LIMITED TO: (A) LOSS OF INCOME OR REVENUE (B) LOSS OF BUSINESS (C) LOSS OF PROFITS OR CONTRACTS (D) LOSS OF ANTICIPATED SAVINGS (E) LOSS OF OPPORTUNITY (F) LOSS OF DATA.

    NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT SQUARE ENIX’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THAT PART’S NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR RESTRICTED BY LAW.

    SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN CLAUSE 11 AND THIS CLAUSE 12. NOTHING IN CLAUSE 11 AND THIS CLAUSE 12 SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.

Article 13 INDEMNITY

    YOU AGREE TO PAY AND REIMBURSE US IN FULL FOR THE AMOUNT OF ALL COSTS, FEES, EXPENSES, DAMAGES, PENALTIES, LIABILITIES AND OTHER LOSSES WHICH SQUARE ENIX AND ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS AND EMPLOYEES INCUR OR SUFFER DUE TO YOUR USAGE OF THE SECURITY TOKEN, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.

Article 14 Choice of Law and Venue

    This Agreement and the use of the Security Token are controlled and operated by SQUARE ENIX from its offices in the United Kingdom. SQUARE ENIX makes no representation that any of the materials or Services to which you have been given access are available or appropriate for use in other locations.

    This Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by, and construed in accordance with, English law. Each party irrevocably submits for all purposes in connection with the Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English courts, except that nothing in the Agreement shall limit Square Enix’s right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not), to the extent permitted by the law of such other jurisdiction.

    This Agreement was last modified 16 December 2014.

    This Service incorporating the Security Token is operated by:
    Square Enix Limited, incorporated in England and Wales
    Company Number 01804186
    240 Blackfriars Road
    London SE1 8NW
    England