Hello! We are GOG, part of CD PROJEKT Capital Group. We have created this GOG GALAXY End User Licence Agreement (or “Agreement” for short) to explain what you can (and cannot) do with GOG GALAXY, especially:
- GOG GALAXY is our free app for gamers with lots of cool features!
- If you opt into GOG GALAXY, we give you a personal, limited right to access it.
- There are rules regarding what you can/cannot do with GOG GALAXY.
- Depending on where you live, there are important rules regarding liability and dispute resolution (see details below).
Read the full text below carefully before installing or using GOG GALAXY as it is important/binding legally.
End User License Agreement
- About this Agreement
- This Agreement is a contract between you and GOG sp. z o.o., ul. Jagiellońska 74, 03-301 Warsaw, Poland (we will call ourselves “GOG”) and applies to GOG GALAXY. GOG GALAXY is our free app for gamers available on desktop, which provides cool features like unified game library, launcher for PC games, online multiplayer, achievements, cross-platform chat, and game-time tracking. It also allows you to buy and access games or other content via GOG GALAXY store and/or GOG.COM store if you wish to (this is optional). You can learn more about GOG GALAXY here.
- You must not use, reproduce or redistribute GOG GALAXY except as we permit in this Agreement.
- Using GOG GALAXY
- You need to set up a GOG account in order to use GOG GALAXY. Please read the GOG User Agreement first, which governs your use of GOG accounts and rules (for example rules against hacking or misusing our property) on using “GOG Services” (as defined in the GOG User Agreement). The GOG User Agreement is available here.
- If you choose to use optional store features, things like your purchases, minimum system requirements, payments, refunds and other financial terms, use of virtual items and currency will be governed by the GOG User Agreement available here.
- License Terms
- GOG gives you a limited, revocable, non-exclusive license to install and use copies of GOG GALAXY on each of your devices only for your personal use.
- GOG also gives you a limited, revocable, non-exclusive license to reproduce and distribute GOG GALAXY as long as you meet the following requirements:
- You must use, reproduce and distribute GOG GALAXY as a whole and not in parts. You can repackage it and distribute it with other software, but you must not do anything that involves it being integrated with third party software or hardware or being distributed under open source or other license terms that are different to this Agreement.
- You must include a copy of this Agreement with any version of GOG GALAXY that you reproduce and distribute and it must be accepted by end users in the same way as this Agreement is accepted by you.
- You cannot modify GOG GALAXY generally. If there is a Linux version of it, then it is OK for you to modify scripts and other documentary and graphical files, but not any files containing the term “bootstrap” in the file name. Even then you cannot change any icons, copyright or other notices. You must still comply with this Agreement, the GOG User Agreement and any other applicable documents. You must clearly mark any changes/modifications as being from you.
- You cannot charge any money or receive any remuneration for anything you are permitted to do regarding GOG GALAXY in this Agreement.
- You must not remove or modify any GOG GALAXY proprietary, copyright or legal notices included in GOG GALAXY.
- Unless stated otherwise in this Agreement you must not in whole or part: copy, modify, reproduce, translate, reverse engineer (unless specifically permitted by applicable law), disassemble, decompile, or create derivative works based on GOG GALAXY. You may not package it with, or pre-install it on, any hardware, without obtaining a separate license from us. You must not try to circumvent any technological protection or security measures designed to protect GOG GALAXY.
- GOG GALAXY including (but not limited to) its graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding the same are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Agreement. You may not use or exploit any part of GOG GALAXY except as explained in this Agreement.
- Other content that may be made available via GOG GALAXY is the property of its respective owner (including all titles, content, publisher names, trademarks, game artwork, and associated imagery).
- GOG GALAXY uses certain third-party libraries and technologies and GOG’s licensors may protect their rights in the event of any breach of this Agreement. License terms, notices and acknowledgments for these can be viewed here.
- We respect the intellectual property rights of others. Please read more at our Copyright Policy here.
- Third party content and external services
- GOG GALAXY may also allow you to add community-created plugins, applications, integrations and other new components, which could include software made available by GOG or by others linking the GOG GALAXY APIs with third party content, software and data services (“Community Integrations”). If you are a contributor of a Community Plugin (“Contributors”) you represent that such Community Plugin is your original creation (other than any software made available by GOG) and/or that you have all necessary and valid rights, title and interest to grant such applicable rights to the relevant Community Integrations to GOG and to GOG GALAXY end users for the purpose of use of such Community Integrations. Contributors are responsible for compliance with this Agreement, the GOG User Agreement, any third party license and other requirements including compliance with applicable law regarding the Community Integrations. Additionally, Contributors and end users of Community Integrations acknowledge and agree that Community Plugins are not created by, facilitated, reviewed, represented, warranted or supported by GOG and that GOG is not liable for if and how they work with GOG GALAXY or generally – we can't promise they will work, what they'll be like, what they can be used for, what rights you have in them or if they're free. Using Community Integrations is solely up to end users and may be subject to additional third party terms and conditions, for which GOG is not responsible. If you have any questions or concerns regarding Community Integrations, please contact us here or if necessary refer to our Copyright Policy (here). We reserve the right to prohibit, restrict access to, or remove Community Plugins if necessary (to the extent practically possible) and at any time including without notice.
- Please note there may be automatic updates over time to Community Plugins once installed, e.g. to enable more features or for maintenance purposes in the future (but as always, it’s up to you if you want to use Community Integrations).
- You may be offered the opportunity to link to or visit third party websites or content through GOG GALAXY or other services. Like with Community Integrations, using them is solely up to you and may be subject to additional third party terms and conditions. You acknowledge and agree that GOG does not make any representations or warranties about such websites, and we don’t promise they will work, what they'll be like, what they can be used for, what rights you have in them or if they're free.
- GOG GALAXY Beta Access
As GOG develops, we may offer you optional access to 'beta' versions of GOG software or services (e.g. new versions of the GOG GALAXY made available prior to its full commercial release) to test the features, capabilities, and performance of the service. For beta versions:
- We will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
- You may be able to access the closed beta via inputting an access code (which we will give you) into our designated webpage (which will be notified to you).
- After registering for the closed beta, there may be some waiting time depending on the number of people registering, the load on our servers and other technical aspects. We will try our best to keep you informed!
- We expect that you will be able to access the open beta via the dedicated webpage (which will be notified to you).
- Betas will be time-limited and we will decide on when to end them and move to the next phase i.e. open beta or full commercial launch.
- Between closed beta and open beta, we may perform one or more complete server/data reset(s).
- During the beta period we may at our discretion change, modify or remove GOG GALAXY features as part of the process of testing and improving the application and making it ready for full release.
- If we want to keep GOG GALAXY beta testing confidential, you will receive a notice from us in this respect. In such a case you will need to keep the information around GOG GALAXY betas confidential (including the existence of beta test, your role as a beta tester, the length of the beta test, information related to the GOG GALAXY that you are testing and all elements thereof), until we inform you that the beta test is no longer confidential.
- At certain times you might be invited to participate in a voluntary feedback process. We would highly appreciate if you would take the time to share your thoughts with us, as we would love to make GOG GALAXY as good as possible.
- The point of us giving you beta access is to allow you to experience something totally new, but we would expect you to recognize that it will not be complete yet. Therefore Betas will be provided 'as is' without any additional promises from us or any liability on us if the software is not complete or does not work fully or causes issues. Betas may not be totally feature-complete and contents may change.
- We would like you to use and enjoy GOG GALAXY, so please do not attempt to ‘sell’ or transfer your access to a beta.
- We may issue additional terms regarding GOG GALAXY betas. Should this happen we will notify you in advance.
- Patches, updates and changes
Occasionally we may need to patch or update GOG GALAXY (for example to add or remove features or to resolve software bugs). We need these rights in order to keep the GOG GALAXY app running efficiently.
This Agreement is effective until terminated. You may terminate the Agreement at any time and without giving any reason by completely ceasing to use GOG GALAXY. If you would like us to delete your account please contact our Support Team here. If you materially breach this Agreement, we reserve the right to suspend or cancel your access to GOG GALAXY and to services and GOG content. By material breach of the Agreement we mean a serious breach which could cause significant harm to GOG or GOG users. If we suspend or cancel such access, we'll take reasonable steps to contact you to explain why we've done this and what (if anything) you can do as a result. It seems very unlikely, but if we have to stop providing access to GOG GALAXY permanently (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on www.GOG.COM and sending an email to every registered user – during that time you should be able to download any GOG content you purchased.
- Force majeure
Neither you nor GOG will be liable for any failure to perform any obligation under this Agreement or to provide access to GOG GALAXY if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, communications outages, fire, flood, war or act of God.
- We warrant that we have the right to grant you the license to use GOG GALAXY in section 3.
- You represent and warrant that you have the full power and ability to enter into this Agreement and will fully comply with its terms and conditions.
- This section applies to businesses worldwide and to end users who are resident in the USA, but does not apply to end users who are resident in the European Union or other countries whose laws specifically prohibit the following liability limitations.
- OUR DISCLAIMERS. Except as we have set out elsewhere in this Agreement, GOG and our affiliates, partners and licensors fully disclaim any implied or express warranties or representations regarding GOG GALAXY. This includes without limitation any allegations relating to:
- negligence; or
- lack of satisfactory quality, reliability, merchantability or fitness for purpose ; or
- the existence of any faults, viruses or errors; or
- title or infringement of any third party intellectual property or other rights; or
- any warranties that may arise from course of dealing or course of performance or usage of trade; or
- the legality of any content or information.
GOG GALAXY and all parts of it and all software related to it is otherwise provided to you on an "as is", “as available” basis without warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to GOG GALAXY and all parts of it and all software related to it.
- To the maximum extent permitted by applicable law, GOG, its affiliates, partners and licensors shall not be liable for any damage or harm of any kind arising from your use, inability to use, or “loss” relating to GOG GALAXY and all parts of it and all software related to it or any claims arising in relation to it including intellectual property infringement or in connection with data protection or privacy matters. GOG, its affiliates, partners and licensors shall not be liable for any indirect, consequential, incidental, special, punitive or exemplary damages or any other damages arising out of or connected with the same. None of the above will be affected in any way even if GOG or its affiliates, partners or licensors are at fault (whether through negligence, breach of contract, breach of warranty or strict liability) and even if you or we have been advised of the possibility of such damages.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH GOG GALAXY OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
- You agree to defend, indemnify and hold harmless on demand GOG, its affiliates, licensors and partners from all liabilities, claims and expenses, including legal fees, in connection with: (1) any alleged or actual breach of this Agreement by you; (2) the use, reproduction, distribution and modification by you, or any person on your behalf, of GOG GALAXY and all parts of it and all software related to it or any Community Integrations; (3) your infringement of intellectual property or other property rights of GOG; and/or (4) any data protection or privacy claims brought against GOG which arise out of your or other third party use of GOG GALAXY and all parts of it and all software related to it. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over their defense. You will not settle any such claims without our prior written consent.
- You agree that any loss, damage or harm you may suffer in connection with GOG and GOG GALAXY are not irreparable or sufficient, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against us.
- If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Governing law and jurisdiction
If you are an individual or business resident in the European Union or elsewhere in the world (but not the USA):
You and we agree that all matters relating to GOG GALAXY and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Poland. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses.
If you are an individual or business resident in the USA :
To the extent not covered by the Dispute Resolution and Arbitration language below, you and we agree that all matters relating to GOG GALAXY and this Agreement, and any issues arising out of them, will be deemed to be entered into in Los Angeles, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against GOG, to the extent not covered by the Dispute Resolution and Arbitration language below, will be made exclusively in state or federal court located in Los Angeles, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in Los Angeles, California are an improper venue. In any legal claim under this Agreement, the prevailing party will be entitled to its legal fees and expenses.
- Dispute resolution and binding arbitration
- If you have concerns or issues with us, we hope we can resolve them quickly and amicably through our support service accessible at https://support.gog.com. However, we recognize that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
- GOG and you acknowledge and agree to make reasonable and good faith efforts to initially resolve any dispute informally between us through negotiation for a period that lasts 30 days, unless exceptional circumstances exist. If the dispute is not resolved during such time, the next steps depend on where you live.
- Dispute resolution next steps: if you are a resident of the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/. Additionally, if you are an end user or a business resident in the European Union or elsewhere in the world (but not the USA), you and GOG have the legal right to commence claims against each other if either party considers it necessary. If you bring a claim against GOG, you should address it to “Legal Team, GOG sp. z o.o., ul. Jagiellońska 74, 03-301, Warsaw, Poland” with a copy to legal@GOG.COM
- If you are an end user or business resident in the USA, GOG and you agree to resolve all disputes and claims through binding arbitration. This includes without limitation any claims arising from this Agreement and any part of the relationship between you and GOG. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
- (Some explanatory notes from us: "arbitration" is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any dispute between us heard in court before a judge and/or jury.) You and GOG agree that any claim arising out of or related to GOG GALAXY must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account.
- How to Start an Arbitration: If either of us wants to commence arbitration, then such party has to send the other side a written notice setting out the basis of the claim and what remedy the commencing side wants. A printed version of this Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail and by email. You or we may bring an arbitration at any reasonable AAA location within the United States that is convenient for you.
- The Rules for the Arbitration: The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). The arbitrator will be bound by this Agreement.
- The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and us. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
- If you seek US $10,000 or less, GOG agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney’s fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. We agree not to seek our legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US $10,000 then the arbitration costs, including arbitrator compensation, will be split between you and us according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
- What the Dispute Resolution and Arbitration Sections do not Apply to: The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorized use, piracy, theft or misappropriation.
- Waiver of Collective Action Remedies: To the maximum extent permitted by the applicable national or state law, you and GOG agrees not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and we agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
- If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it.
- This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else.
- Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements.
- You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply this Agreement.
- We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of GOG, as part of any reorganization or merger or for other business reasons. We will notify you if this happens.
- If there is a reorganization, sale or merger of GOG then we may need to work with relevant third parties to transfer or merge your GOG account.
- If you are a European Union citizen, then please be aware that GOG has enabled cross-border portability on free and paid content pursuant to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, but this is subject to any other legal requirements on GOG including regarding IP protection and may also be subject to any requirements of developer and publisher partners of GOG.
- We may change this Agreement if it's necessary e.g. for legal reasons or to reflect changes in GOG services or GOG content. If so, we will make the changed Agreement available online and (if you have a GOG account) email you to let you know about the changes. Any changes to the Agreement will come into force within 30 days of their announcement online. In the meantime, you're welcome to contact us at legal@GOG.COM if you have specific questions about the changes. If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using GOG services and GOG content. We're sorry we have to say that, but we hope you'll appreciate that for GOG services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That's why we encourage you to get in contact if you have queries or concerns. Just so you know, we'll never just make a bunch of changes to this Agreement, not tell you what they are and force you to agree to changes you don't understand before you can use GOG services!
- If you have any complaint concerning your purchase, or simply you would like to contact us, here are our contact details:
Name: GOG sp. z o.o.
Registered Office: Ul. Jagiellońska 74, 03-301 Warsaw, Poland
Registered at the District Court for Warsaw, 14th Commercial Division of the National Court Register
Registration Number 0000029514
Tax number VAT ID (NIP) PL 113-21-77-807
Share capital: PLN 135.750,00 PLN
E-mail : here or support@GOG.COM
Last update : 5th October 2020
See the previous version of the GOG GALAXY® Licence Agreement here.