IMPORTANT. THIS GAME (DEFINED BELOW) AND RELATED SOFTWARE ARE LICENSED, NOT SOLD TO YOU. BY ACCESSING, USING, OR PLAYING THE GAME OR DOWNLOADING, INSTALLING, COPYING, OR USING ANY SUCH SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME OR ANY RELATED SOFTWARE.
FOR ANY DIGITAL VERSIONS OF THE GAME PURCHASED THROUGH A ZENIMAX WEBSITE: IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHIN FIVE (5) DAYS AFTER YOU HAVE DIGITALLY DOWNLOADED THE GAME, YOU MAY CONTACT ZENIMAX CUSTOMER SERVICE TO REQUEST A FULL REFUND OF THE PURCHASE PRICE FROM ZENIMAX. THIS IS IN ADDITION TO YOUR OTHER CONSUMER RIGHTS INCLUDING THE STATUTORY OBLIGATIONS AS DEFINED IN SECTION 1 OF THE ZENIMAX TERMS OF SERVICE (AS REFERRED TO BELOW).
FOR ANY BOXED VERSION OF THE GAME, OR ANY DIGITALLY DOWNLOADED PURCHASED VERSION OF THE GAME PURCHASED FROM AN AUTHORIZED ZENIMAX RESELLER, INCLUDING THROUGH A THIRD PARTY WEBSITE: IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE NOT INSTALLED THE GAME, YOU SHOULD CONTACT THE THIRD PARTY FROM WHOM YOU OBTAINED THE GAME.
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain visual images, including without limitation light patterns or flashing lights. If you experience any of the following symptoms while playing the Game, immediately discontinue use and consult your physician before resuming play: blackouts, seizures, dizziness, altered vision, eye or muscle twitches, jerking or shaking of arms or legs, loss of awareness, disorientation, confusion, any involuntary movement, or convulsions.
For purposes of this Agreement, the term "ZeniMax" means (i) Bethesda Softworks LLC if you reside in North America, South America, or Asia (including Australia and New Zealand but excluding India), or (ii) ZeniMax Europe Limited if you reside in any other country.
The ZeniMax Terms of Service that you agreed to at the time you established your Account with ZeniMax contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, (the "Disputes Provision") that - if you reside in a jurisdiction outside of the EEA/Switzerland/Australia/New Zealand that permits class actions or other collective disputes - affects your rights under the ZeniMax Terms of Service and this Agreement with respect to disputes you may have with ZeniMax. That Disputes Provision is incorporated into this Agreement by this reference and forms a part of this Agreement as if such provision was fully restated in this Agreement. You may opt out of the binding individual arbitration and class action waiver as provided in the ZeniMax Terms of Service, available at account.elderscrollsonline.com/terms-of-service.
EACH TIME YOU USE THE GAME AND RELATED SOFTWARE (INCLUDING AS IT MAY BE UPDATED, UPGRADED OR EXPANDED BY ZENIMAX), YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS AGREEMENT (INCLUDING ANY AMENDMENTS OR UPDATES THAT MAY HAVE BEEN MADE FROM TIME TO TIME IN ACCORDANCE WITH SECTION 11 BELOW).
All software programs and any and all files that are delivered to you or made available to you by ZeniMax, directly or indirectly through a ZeniMax authorized reseller or distributor, (via on-line access, transmission, download or otherwise), including any "patcher", "installer", and any updates and modifications to such software programs, and any and all copies and derivative works of such software programs (collectively, with the Game Client (defined below), the "Game") is the copyrighted work of ZeniMax and its affiliates.
Any and all uses of the Game are governed by the terms of this End User License Agreement (the "Agreement") and the ZeniMax Terms of Service (referenced below). To play the Game, you must (a) obtain from ZeniMax access to the Game (the "Service"), which Service is subject to the ZeniMax Terms of Service which you previously agreed to in connection with establishing your account (the "ZeniMax Terms of Service"); and (b) register an account with ZeniMax as described in the ZeniMax Terms of Service. The ZeniMax Terms of Service are available at account.elderscrollsonline.com/terms-of-service and are hereby incorporated into and form a part of this Agreement by this reference. The Agreement is a "EULA" and constitutes "Supplemental Terms" as contemplated by the ZeniMax Terms of Service. The Game is made available and distributed solely for use by authorized end users according to the terms of this Agreement, including the ZeniMax Terms of Service. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of this Agreement is expressly prohibited. You agree that the Game, the Game Client, other Game related software, content specific to the Game and your access to and use of the Game are all a "Service" for the purposes of this Agreement and the ZeniMax Terms of Service. Any rights not granted to you in this Agreement are reserved by ZeniMax.
If you agree to this Agreement, you may download and install the computer software (hereafter referred to as the "Game Client") onto your computer or console for the sole purpose of playing the Game by registering for and accessing an account with the Service (the "Account"). Additional terms applicable to your Account are set forth in the ZeniMax Terms of Service. Subject to your compliance with all the terms and conditions in this Agreement, and to your timely payment of the fees and amounts owed to ZeniMax for access to and use of the Game, if applicable, ZeniMax hereby grants, and you hereby accept, a limited, non-transferable, non-exclusive license (a) to install the Game Client on one or more computers or consoles owned by you or under your legitimate control, and (b) to use the Game Client solely as part of the Service for your non-commercial entertainment purposes only.
The ZeniMax Terms of Service include terms and conditions applicable to Virtual Currency (as such term is defined in the ZeniMax Terms of Service), including terms that grant to you a non-exclusive, limited license for Virtual Currency. Such terms and conditions apply to the Virtual Currency (if any) licensed to you for use with the Game that is the subject of this Agreement. The Crowns associated with this Game are "Virtual Currency" and are subject to such terms and conditions.
Subject to the Statutory Obligations (as defined in Section 1 of the ZeniMax Terms of Service), this Agreement does not give you any right to obtain reissues or replacements of the software at any time and ZeniMax is not obliged to supply software updates, upgrades or expansions, or even to operate or continue support the Game or software, for an indefinite period.
ZeniMax may include with the Game Client or the documentation for the Game a "key code" or other code that will be necessary for you to activate your use of the Game. This key code is unique to you and you agree that you will not share it with any other person.
In all cases, the licenses granted to you will terminate upon the earlier of termination of this Agreement or termination of your Account with ZeniMax. If you do not timely pay the applicable fees, your Account will be terminated.
The ZeniMax Terms of Service include terms and conditions applicable to user generated content and downloadable content and other content and you agree to comply with such terms and conditions.
ZeniMax may deploy or provide patches, updates, improvements, upgrades and modifications to the Game ("Updates") that must be installed by you in the manner described by ZeniMax in its discretion before you may continue to play the Game. As further described in the ZeniMax Terms of Service, ZeniMax may update the Game remotely including without limitation the Game Client residing on your computer or console, without your knowledge, and you hereby grant to ZeniMax your consent to deploy and apply such Updates. All such Updates are part of the Game for purposes of this Agreement, the licenses granted to you and the License Limitations set forth in this Agreement.
ZeniMax may (but is not required to) make available to you, a separate downloadable installer, level editor or other similar types of tools, assets and other materials (the "Software Utilities") that permit you to construct or customize new Game levels and other related Game materials for personal use in connection with your use of the Game and the software ("Customized Game Materials"). All such Software Utilities are and shall be deemed to be a part of the software, the Game and the Service for purposes of this Agreement. In the event you access such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:
All Customized Game Materials created by you are exclusively owned by ZeniMax and/or its licensors (as the case may be) and you hereby irrevocably assign and agree to assign to ZeniMax all of your right, title and interest in and to such Customized Game Materials. If applicable law precludes the assignment of all or any portion of your right, title and interest in and to Customized Game Materials, you hereby grant to ZeniMax to the fullest extent permitted by that applicable law a non-exclusive worldwide, irrevocable, royalty-free license, with the right to sublicense, under all of your intellectual property rights to use, reproduce, modify, distribute, display and perform such Customized Game Materials and again to the fullest extent permitted by that applicable law you also waive and agree never to assert against ZeniMax, its affiliates and its/their customers any moral rights or similar rights that you may have in the Customized Game Materials;
You will not use or permit third parties to use the Software Utilities or the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials;
Customized Game Materials shall not contain modifications to any other executable files;
Customized Game Materials shall not contain libelous, defamatory, harmful, harassing, threatening or other illegal material, material that is scandalous or that violates or invades the rights of privacy or publicity of any third party, and shall not contain any trademarks, copyright-protected work or other intellectual or other property of third parties; and
All Customized Game Materials must indicate that ZeniMax is not the author of the Customized Game Materials with additional language that "THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY ZENIMAX OR ITS AFFILIATES."
The Game is a Service offered by ZeniMax and is only playable online. A persistent Internet connection (which is not supplied by ZeniMax) is required to play the Game. The Game Client alone without a persistent Internet connection does not give you the right or ability to play the Game. You are responsible for all costs and expenses associated with acquiring any hardware, software (e.g., Internet browsers) or other products or services required to play the Game.
In addition to the restrictions, conditions and limitations set forth in the ZeniMax Terms of Service and the ZeniMax Code of Conduct, the license granted to you in this Agreement is subject to the conditions, restrictions and limitations set forth in Sections 1, 2, and this Section 4 of this Agreement (collectively, the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of ZeniMax's copyrights in and to the Game and will be a breach of this Agreement. You agree that you will not and will not assist any other person, under any circumstances:
in whole or in part, distribute, publicly perform of display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer the Game, any related software or content, including without limitation any access keys;
in whole or in part, modify, adapt, translate, reverse engineer, attempt to derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the manuals that accompany it for archival purposes only and you may install the relevant Game Client on one or more computers or consoles by you or under your legitimate control as described in Section 1 above;
use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Game or adversely impact any other persons playing of the Game or his/her experience of playing the Game;
exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose (including without limitation renting, leasing or licensing the Game to others), including without limitation (a) for gathering Virtual Currency (as defined in the ZeniMax Terms of Service), items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
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 about a character or the game environment; provided, however, that ZeniMax may, at its sole and absolute discretion, allow the use of certain third party user interfaces and other third party software;
modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by ZeniMax;
host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by ZeniMax in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; or
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 programs or tools not expressly approved by ZeniMax.
ZeniMax and its licensors are and will continue to be the owner of all right, title, and interest in and to the Game and the Service, including without limitation all intellectual property rights and moral rights in and to the Game and all copies thereof (including without limitation any titles, software programs and code, Game related themes, characters, character names, character likenesses, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural, landscape and other designs in the Game, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, methods of operation, and any related documentation). 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 Agreement. This paragraph will survive the termination of this Agreement. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. As further described in the ZeniMax Terms of Service, but subject to the Statutory Obligations (as defined in Section 1 of the ZeniMax Terms of Service), ZeniMax may change, modify, suspend, or discontinue any aspect of the Game at any time and ZeniMax may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
THE GAME MAY MONITOR YOUR COMPUTER OR CONSOLE, INCLUDING ITS MEMORY FOR UNAUTHORIZED PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED PROGRAM" IS ANY SOFTWARE PROHIBITED BY THE LICENSE LIMITATIONS SET FORTH ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED PROGRAM, THE GAME MAY (a) COMMUNICATE INFORMATION BACK TO ZENIMAX, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED 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.
You consent to ZeniMax uploading CPU, operating system, video card, sound card and memory information from your computer and console to analyze and optimize your Game experience, improve and maintain the Game and/or provide you with customer service. Furthermore, if you request any technical support, you consent to ZeniMax remotely accessing and reviewing the computer and console onto which you have loaded the Game Client for purposes of providing technical support and debugging.
Solely for the purpose of patching and updating the Game and/or Game Client and ensuring the integrity of the Game, you hereby grant ZeniMax permission to (i) upload Game-related file information and data from the Game directory and (ii) download Game files to you.
You agree that any and all Game related character data is stored and is resident on ZeniMax computers and servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through ZeniMax computers and servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive.
This Agreement starts at the time you accept this Agreement and it will remain effective until terminated. You may terminate the Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control and (ii) removing the Game Client from your hard drive. ZeniMax may terminate this Agreement at any time for any reason or no reason (including at such time as ZeniMax elects to discontinue offering the Game). Upon termination by ZeniMax for any reason, all licenses granted herein and in the ZeniMax Terms of Service with respect to the Game that is the subject of this Agreement shall immediately terminate and you must immediately do (i) and (ii) above. Termination for no reason will be communicated to you by ZeniMax.
The Game may not be exported, re-exported, downloaded or otherwise transferred (i) to or into (collectively, an "Export") any country which requires an Export license or which the United States Government prohibits Exports, including any such country subject to economic sanctions or (i) to any person or entity prohibited from receiving goods or services of U.S. origin. 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 Section 8 will survive the termination of this Agreement.
If you purchase the boxed product of the Game Client, then without limiting the Statutory Obligations (as defined in Section 1 of the ZeniMax Terms of Service) ZeniMax warrants to you for 30 days following original retail purchase of the Game that the Software media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to ZeniMax of proof of purchase of the defective media, without limiting the Statutory Obligations (as defined in Section 1 of the ZeniMax Terms of Service) ZeniMax will at its option (a) correct any defect and redeliver the media and Game Client or other software, or (b) refund your money. In the event of such refund, this Agreement will terminate. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS PARAGRAPH UNLESS YOU ARE RESIDENT IN A TERRITORY WHERE THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1 OF THE ZENIMAX TERMS OF SERVICE) APPLY.
THE ZENIMAX TERMS OF SERVICE INCLUDE FURTHER PROVISIONS REGARDING THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND GUARANTEES (SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1 OF THE ZENIMAX TERMS OF SERVICE)) AND SUCH PROVISIONS ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE AND FORMS A PART OF THIS AGREEMENT AS IF SUCH PROVISIONS WERE FULLY RESTATED IN THIS AGREEMENT. THIS SECTION 9 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
THE ZENIMAX TERMS OF SERVICE INCLUDE PROVISIONS REGARDING THE LIMITATION OF LIABILITY AND REMEDIES (SUBJECT TO THE STATUTORY OBLIGATIONS (AS DEFINED IN SECTION 1 OF THE ZENIMAX TERMS OF SERVICE)) AND SUCH PROVISIONS ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE AND FORMS A PART OF THIS AGREEMENT AS IF SUCH PROVISIONS WERE FULLY RESTATED IN THIS AGREEMENT.
If (i) you misuse the Game Service or breach this Agreement or (ii) any contributions, actions or omissions by you in connection with your use of Service results in ZeniMax incurring any liabilities, damages, losses, costs and expenses (including without limitation attorneys' fees and court costs), then You agree to reimburse ZeniMax and its affiliates and other participants of the Services from all such liabilities, damages, losses, costs and expenses. If a third party sues ZeniMax for either or both of (i) or (ii) above, ZeniMax reserves the right to control the defense and settlement of such third party lawsuit, and you agree to reimburse ZeniMax for the cost of the defense, including, but not limited to, reasonable and documented attorneys' fees.
This Section 10 shall survive termination of this Agreement.
ZeniMax may replace this Agreement with new versions (each a "New EULA") over time as the Game and the law evolve. This Agreement will terminate immediately upon the introduction of a New EULA, and you will be given an opportunity to review the New EULA in accordance with the change provisions set out in the ZeniMax Terms of Service, which are incorporated into this Agreement by this reference and form a part of this Agreement as if such provisions were fully restated in this Agreement. New EULAs will not be applied retroactively. Your continued use of the Software and play of the Game after a modification of the EULA will be deemed as your acceptance of any modified terms.
The Software is a Commercial Item, comprised of "commercial computer software" and "commercial computer software documentation", as these terms are defined in the Federal Acquisition Regulation ("FAR") at 48 C.F.R. 2.101. The Software is licensed to U.S. Government End Users subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) ( for civilian agencies), and as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4, consistent with 48 C.F.R. 227.7202 (for Department of Defense entities). Solely with respect to the U.S. Government's rights in the Software, this U.S. Government License Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision of the contract under which this Software is obtained. The Manufacturer is ZeniMax.
For residents of North America, this Agreement and all Disputes (as defined in the Disputes Provision) shall be governed by the laws of the State of Maryland, USA, excluding its conflicts of laws rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes.
If you reside outside of North America, then this Agreement and all Disputes shall be governed by the laws of England, excluding its conflicts-of-law rules and principles that would result in another State or country's laws applying to this Agreement or any Disputes.
Notwithstanding the Disputes Provision, you agree that ZeniMax shall be entitled to injunctive relief, specific performance and equitable remedies with respect to breaches of Sections 1, 2, 3 or 4 of this Agreement, in addition to such other remedies as ZeniMax may otherwise have under applicable law.
This Section 13 will survive the termination of this Agreement.
This Agreement along with the ZeniMax Terms of Service constitute and contain the entire agreement between you and ZeniMax with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement shall coexist with, and shall not supersede, the ZeniMax Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the ZeniMax Terms of Service, and unless expressly indicated otherwise in this Agreement, the conflicting provisions in this Agreement shall control and shall govern. This Section 14 shall survive the termination of this Agreement for any reason. Except as specifically provided in the Disputes Provision, if any part of this Agreement is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of such part, and the remaining portions of this Agreement shall remain in full force and effect. The failure of ZeniMax to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in a writing signed by ZeniMax. You agree that this Agreement and ZeniMax's enforcement of this Agreement, are not intended to confer and do not confer any rights or remedies upon any person other than you and ZeniMax.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, PLEASE CONTACT CUSTOMER SERVICE AT HELP.ELDERSCROLLSONLINE.COM OR 1-844-ZENIMAX (1-844-936-4629) OR WORLDWIDE +800-6044-6044 OR +1-678-460-4893 (INTERNATIONAL RATES MAY APPLY, PLEASE CONTACT YOUR CARRIER FOR DETAILS).
I hereby acknowledge that I have read and understand all the terms and conditions in this Agreement and agree that by clicking "Agree", installing the Game Client or otherwise playing the Game I am acknowledging my agreement to be bound by all the terms and conditions of this Agreement.
Last Updated: March 17, 2015