Amazon Games and Software Download Store -Terms of Use

Last Updated: August 7, 2013

These Terms of Use are an agreement between you and Amazon Media EU S.à r.l. (together with its affiliates, "Amazon" or "we") regarding use of the Amazon Games and Software Download Store and associated software and services (the "Store"). Before using the Store, please read these Terms of Use, all rules and policies related to the Store (including any rules or usage provisions specified on any applicable product, application or service detail page, on any help or other informational page for the Store, or in any link from a detail page), the Amazon.co.uk Privacy Notice, the Amazon.co.uk Conditions of Use and Sale,  and the Cookies and Internet Advertising Policy (collectively, the "Agreement").

BY USING THE STORE, YOU AGREE TO BE BOUND BY THE AGREEMENT.

1. The Games and Software Download Store

Through the Store, you can browse, purchase, download and/or access video games, software, and related digital products and content, including Add-On Products ("Applications"). "Add-On Products" are digital products, such as additional or enhanced functionality, virtual currency, special weapons or characters, or subscription access to content or services, that are intended to be accessed or used within certain Applications. Applications include any client software used to access the Application, any content, documentation, ads, services, technology, data and other digital materials included in or made available through an Application (including after you download or initially access it), and through any updates and other changes and versions of the Application. Some Applications are available for download to your computer or other local device, while other Applications are hosted on servers and are made available for use over the internet via client software or web page links we make available ("Online Applications"). The party that provides an Application to us for distribution is the "Publisher" of the Application. Most of the Applications we make available through the Store are licenced to you by third-party Publishers. We may make some Applications available via the Store at no charge and others for a price, as further described on our Application product detail pages. From time to time, we may offer sales, give-aways and other promotions in the Store. We may modify or discontinue any of those promotions at any time without notice to you.

2. Applications

2.1 General. After you order an Application and pay any corresponding price, you may download and access a copy of the Application, as applicable, for your personal use. You are responsible for ensuring before purchase that your device meets any minimum system requirements, including any requirement that we make available on the Application product detail pages. For some Applications, you will be required to input a licence key we make available in order to install or activate the Application. You are responsible for any internet or other connection charges you may incur in connection with your download, access, and use of the Store and any Applications, including any free trial versions.

2.2 Trial Access. We may offer free trial and other limited versions of Applications so you can preview Applications prior to your purchase of the full version. These versions may have limited features, may restrict permitted time of use, and may contain other limitations.

2.3. Accounts with Publishers and Other Third Parties. In order to use or access certain Online Applications or Add-On Products, you may need to have or create an account with the applicable Publisher or other third party (such as a game platform provider) and you may need to link that account to your Amazon.co.uk account. Any information you provide to the Publisher or other third party will be subject to the Publisher's or third party's privacy policy or similar terms, and will not be subject to the Amazon.co.uk Privacy Notice.

2.4 Add-On Products; Subscriptions.Add-On Products are subject to any use, access and other restrictions described on the Add-On Product detail page or otherwise provided in the Agreement. Some Add-On Products are consumables, such as virtual currency, and can be downloaded only once and used on only one device. If you purchase an Add-On Product that is a subscription or start a free trial for such a subscription, we may automatically continue your subscription at the regular subscription price using a payment method we have on record for you. We may terminate a subscription at any time, and if we terminate a subscription before the end of its term, you will receive a prorated refund based on the time remaining in the subscription. We reserve the right to change subscription terms and prices from time to time, effective as of the beginning of the next subscription term.

2.5 Online Applications. Online Applications are hosted and maintained by the applicable Publisher or another third party. We do not guarantee that any Online Application will be available or remain available to you, and we are not responsible for any downtime of an Online Application.

2.6 All Sales Final; Accessing and Risk of Loss.All purchases of Applications are final. We do not accept returns of Applications, except as required by law. Once you purchase an Application and we or the Publisher make it available to you, you are responsible for downloading (if applicable) and confirming your ability to access Applications, including retrieving the licence key for the Application if applicable, and bear all risk of loss thereafter, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access an Application, please contact Amazon Customer Service for assistance. We will usually continue making Applications you have purchased available to you in Your Games & Software Library so that you can download additional copies of the Application and retrieve your licence key (if applicable), but that is not always the case, and we may limit or disable further downloads of an Application due to licencing restrictions or for other reasons.

2.7 Ratings.We may provide age and content ratings for Applications that are supplied to us by Publishers or other third parties. While we require Publishers to provide accurate information regarding the content of their Applications, we cannot ensure that Application ratings are accurate or that Applications do not include content that is offensive, indecent, or objectionable. We have no liability for Application content that you find to be offensive, indecent or objectionable.

3. Use of and Restrictions on Applications and Store Software

3.1 General.We may make available to you software for your use in connection with the Store, including software that you need to install on your computer or other device in order to download or access Applications purchased from the Store (any such software, together with all updates, additions, modifications and replacements, "Store Software"). Publishers may choose to protect their Applications using a digital rights management ("DRM") system implemented through the Store Software or using the Publisher's or a third party's DRM that the Publisher provides with its Applications. If you sign out of your Amazon.co.uk account on a device, you may not be able to access or load an Application that Publishers have protected with DRM on your device for the first time after you have downloaded the Application. Store Software includes any software we include in an Application to enable DRM implemented through the Store Software, or for other purposes.

3.2 Use of Store Software.You may use the Store Software only in connection with the Store and Applications made available through it. Additional terms may apply to some components of the Store Software, and will govern the use of such components in the event of a conflict with this Agreement. Unless and to the extent specifically provided otherwise in the Store Software or related documentation (including any Readme file), you may not, and you will not encourage, assist or authorise any other person to, (a) separate any individual component of the Store Software for use other than in connection with the Store, (b) incorporate any portion of the Store Software into other software or compile any portion of it in combination with your own programs, (c) transfer the Store Software for use with another service, (d) use the Store Software, or any portion of it, with another service, (e) sell, rent, lease, lend, loan, distribute or sublicence the Store Software or otherwise assign any rights to it in whole or in part, (f) modify, reverse engineer, decompile or disassemble, or otherwise tamper with the Store Software, or create any derivative works from or of the Store Software, (g) make copies of or distribute Store Software or electronically transfer it or any portion of it from one device to another or make it available over a network, or (h) attempt to disable, bypass, modify, defeat, or otherwise circumvent the DRM or any other security or content protection system used in connection with the Store. We may discontinue some or all of any Store Software at any time. We may also terminate your right to use any Store Software at any time, and in such event may modify it to make it inoperable or take other actions to restrict access to or availability of the Store Software.

3.3 Separate Licenses to Use Applications.Your use of an Application will be governed by the terms and conditions of an end-user licence agreement between you and the Publisher or other licensor of the Application (a "EULA"). The Publisher or other licensor has the right to enforce the EULA against you. If you choose not to accept the EULA for an Application you must not use that Application. This Agreement does not amend or supersede any licence or other agreement between you and the Publisher of an Application. Amazon is not a party to the EULA for any Application (unless Amazon is the Publisher of the Application). If you receive an Application that is not accompanied by a EULA, then the Publisher grants to you only a limited, non-transferable licence to download (if applicable) or access the Application for personal, non-commercial purposes. The Applications are protected by copyright and other intellectual property laws and treaties. Amazon, Publishers or other licensors own the title, copyright and other intellectual property rights in the Applications, and the Applications are licenced, not sold.

3.4. Software Updates. We may offer updates of the Store Software from time to time for feature enhancement, security or other purposes. We recommend that you promptly accept and install updates we make available to you, and we may make certain updates required for your continued use of the Store. In order to keep your Store Software up-to-date, we may automatically provide you with updates to the Store Software.

3.5 Information Provided. Amazon respects your privacy, and the Store Software will not access files or other information on any device where your Applications are located that are not used by or otherwise related to the Store Software or performance of the Applications. The Store Software and the Applications will provide Amazon with information relating to the download, access, use and performance of the Store Software and your Applications, as well as information regarding the devices on which you download and use the Store Software or Applications. For example, the Store Software and Applications may provide Amazon with information about device type, internet connectivity, location of the device running an Application, information about when an Application is launched, individual session lengths for Applications, the amount of available disk space, or why an Application may not be working. Any information we receive is subject to the Amazon.co.uk Privacy Notice.

3.6. Compliance with Law. You will use the Store, Applications and Store Software in compliance with all applicable laws.

3.7 Export Regulations. You must comply with all export and re-export restrictions and regulations that may apply to the Store Software or any Application.

4. Territorial Restrictions
The Store is currently only available to customers located in the United Kingdom. We regret that you may not use the Store if you are outside the United Kingdom.

5. General

5.1 Reservation of Rights; Waiver. Except for the rights explicitly granted to you in the Agreement and in the EULA for each Application, all right, title and interest in the Store, the Store Software and Applications are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Store Software or Applications as a result of downloading, installing or using the Store Software, the Store or the Applications. We reserve the right to change, remove, suspend, or disable any Application without notice or liability. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

5.2 Exclusions of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Amazon.co.uk Conditions of Use and Sale, Amazon will not be liable for (a) losses that were not reasonably foreseeable to you and Amazon at the time when you begin using the Store, (b) losses that did not arise from any breach or default on Amazon’s part, or (c) any business losses, or other losses that arise from any non-consumer use of the Store, Store Software or Applications, or your use of the Store, Store Software or Applications in any way that is prohibited by this Agreement. For losses that are not otherwise excluded, Amazon’s and any Publisher’s total liability to you for compensation (including any statutory right to obtain a refund) will be limited to the amount you paid, if anything, to purchase any Application related to your claim for damages. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.

5.3 Amendment.We may amend any of the terms of this Agreement at any time and at our sole discretion by posting the revised terms in the Store or on Amazon.co.uk. Your continued use of the Store or Store Software after any amendment evidences your agreement to be bound by it.

5.4 Disputes. Any dispute or claim arising from or relating to the Agreement or the Store is subject to the governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.co.uk Conditions of Use and Sale. You agree to those terms by entering into the Agreement or using the Store.

5.5 Suspension and Termination. Your rights under this Agreement will automatically terminate without notice and without refund of any fees if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Store at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, or otherwise involves fraud or misuse of the Store or harms our interests or those of another user of the Store.

5.6 Contact Information. For communications concerning this Agreement, please write to Amazon, Attn: Amazon Media EU S.à r.l., 5 Rue Plaetis, L-2338 Luxembourg. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Amazon.co.uk Conditions of Use and Sale.