IMPORTANT: CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") BEFORE INSTALLING THE FINAL FANTASY XIV: DAWNTRAIL OFFICIAL BENCHMARK SOFTWARE (THE "BENCHMARK SOFTWARE").

BY CLICKING ON THE “AGREE” BUTTON, YOU ARE HEREBY AUTHORISED TO INSTALL THE BENCHMARK SOFTWARE IN YOUR PERSONAL COMPUTER, AND TO USE THE BENCHMARK SOFTWARE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREOF. IF YOU DO NOT AGREE WITH THIS AGREEMENT, CLICK ON THE “DECLINE” BUTTON. IF YOU CLICK ON THE “AGREE” BUTTON, YOU ARE DEEMED TO HAVE AGREED WITH ALL OF THE TERMS AND CONDITIONS HEREOF.

YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY PROVISIONS SET OUT BELOW.

LICENSE

1. All copyrights in the Benchmark Software shall remain with SQUARE ENIX LIMITED or its affiliate companies (the “Licensor”).
2. The Licensor grants you a non-transferable, revocable, non-exclusive license to use the Benchmark Software. In no event does the Licensor sell or transfer the Benchmark Software to you.
3. You may install and use the Benchmark Software on a personal computer owned by you (the “Computer”).
4. You may use the BENCHMARK SOFTWARE only for testing the performance of the FINAL FANTASY XIV game or a FINAL FANTASY XIV expansion pack (as applicable) for Windows running on the Computer, but not for any other purposes including, without limitation, commercial use.
5. You may not decompile, disassemble, reverse engineer, or translate the Benchmark Software.

NO WARRANTY

1. THE LICENSOR MAKES NO WARRANTY THAT THE BENCHMARK SOFTWARE IS OPERABLE OR FUNCTIONAL UNDER ANY CONDITION. THE LICENSOR MAY MODIFY THE BENCHMARK SOFTWARE FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU.
2. THE LICENSOR PROVIDES YOU WITH THE BENCHMARK SOFTWARE ON AN “AS IS” BASIS FOR FREE. THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY FOR THE BENCHMARK SOFTWARE AND THE TEST RESULT OBTAINED BY USING THE BENCHMARK SOFTWARE (THE “RESULT”), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF ACCURACY, PERFECTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND RELIABILITY.
3. THE BENCHMARK SOFTWARE DOES NOT EVALUATE THE OVERALL PERFORMANCE OF THE COMPUTER.
4. YOU SHALL USE THE TEST RESULT FOR PURCHASE OR RECONFIGURATION OF THE COMPUTER AT YOUR OWN RISK AND RESPONSIBILITY.

LIMITATION OF LIABILITY

1. THE LICENSOR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE BENCHMARK SOFTWARE.
2. EVEN IF THE LICENSOR IS HELD LIABLE FOR THE DAMAGE UNDER THE LAWS OF THE UNITED KINGDOM (OR OTHER TERRITORY), THE LICENSOR'S MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT OF DIRECT, NORMAL AND REAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE BENCHMARK SOFTWARE. THE LICENSOR SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF THE LICENSOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
3. CLAUSES (1) AND (2) ABOVE SHALL NOT APPLY TO DAMAGES CAUSED BY THE LICENSOR'S WILLFUL CONDUCT OR GROSS NEGLIGENCE.

TERMINATION

1. The Licensor may terminate the Agreement without prior notice to you. Upon termination, you shall uninstall the BENCHMARK SOFTWARE entirely from the Computer, and destroy all copies of the BENCHMARK SOFTWARE.

PERSONAL INFORMATION MANAGEMENT

1. All or any personally identifiable information or personal data provided by you in the use of the BENCHMARK SOFTWARE will be subject to the Privacy Policy and Cookies Policy applicable to your region, which are located at https://square-enix-games.com/en_GB/documents/privacy and https://square-enix-games.com/en_GB/documents/cookies respectively, and which contain important information on how we collect and use information from you. You understand that it is your sole responsibility to review the Privacy Policy and Cookies Policy from time to time for any changes or revisions thereto and by clicking the “Yes” button you unconditionally and irrevocably agree to the terms of the Privacy Policy and Cookies Policy as varied and/or amended from time to time.
   
   In the event of any conflict between any provision of the Privacy Policy and/or Cookies Policy and this paragraph, the Privacy Policy and/or Cookies Policy shall prevail.

MISCELLANEOUS

1. This Agreement shall be governed by, construed, interpreted and executed in accordance with the laws of England without regard to its conflicts of law provisions.
2. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall be fully effective and enforceable.
3. The Licensor and you hereby irrevocably agree with the exclusive jurisdiction of the English Courts in connection with any proceeding, suit or action arising out of or in connection with this Agreement.

NO WAIVER

1. No waiver by Licensor of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Furthermore, no failure or delay by Licensor in exercising its rights or remedies constitute a waiver by Licensor.

WARNING

1. This BENCHMARK SOFTWARE is not guaranteed to run on all systems and due to issues such as compatibility with hardware and other software, there is the possibility that this software may not run on your computer.
   
   Also, passing this software’s benchmark test does not guarantee that the FINAL FANTASY XIV game or a FINAL FANTASY XIV expansion pack (as applicable) will run on your computer.
   
   Licensor cannot be held responsible for any losses or damages caused by this software.
   
   Make sure you have read over and understand these warnings before using this software.

SQUARE ENIX LIMITED is a corporation registered in England and Wales with company number 01804186 and registered office address 240 Blackfriars Road, London SE1 8NW, England.

Updated on 7 April 2024