Last Updated: July 29, 2013
1. The Games and Software Store
Through the Store, you can browse, purchase, download and/or access video games, business and consumer 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 licensed 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.
2.1 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 license 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 purchase. These versions may have limited features, may restrict permitted time of use, and may contain other limitations.
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, unless you set your subscription settings to not automatically renew, 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. You must use a credit card to pay for a subscription. Do not sign up for a subscription with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card.
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. 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 license 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 our Amazon Games & Software Library so that you can download additional copies of the Application and retrieve your license key (if applicable), but that is not always the case, and we may limit or disable further downloads of an Application due to licensing restrictions or for other reasons.
2.7 Ratings. We may provide age and content ratings for Applications that Publishers or third parties provide to us. 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 personal use that you need to install on your device in order to download or access Applications purchased from the Store (the "Store Software"). Terms contained in the Amazon.com Conditions of Use apply to your use of the 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 Publisher provides with its Applications. If you sign out of your Amazon.com account on a device, you may not be able to 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. You may not 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.
3.2 Information Provided to Amazon. 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.com Privacy Notice located at www.amazon.com/privacy.
3.3 Separate Licenses to Use Applications. Your use of an Application will be governed by the terms and conditions of an end user license 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 a EULA for an Application, you must not use that Application. This Agreement does not amend or supersede any license 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 Publisher grants to you only a limited license to download (if applicable), access and use the Application for personal purposes, and reserves all other rights. 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 licensed, not sold.
3.4. Compliance with Law and Reservation of Rights. You will use the Store and Applications in compliance with all applicable laws, including all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to any Application. We reserve the right to change, remove, suspend, or disable any Application without notice or liability.
4.1. Changes. We may modify, suspend or discontinue the Store, in whole or in part, at any time without notice.
4.2. Geographic Restrictions. The Store is currently only available to customers located in the United States. We regret that you may not use the Store if you are outside the United States. "United States" refers to the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands.
4.3 Suspension and Termination; Waiver; Amendments. 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. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. We may amend the Agreement at our sole discretion by posting the revised terms in the Store or on Amazon.com. Your continued use of the Store or Store Software after any amendment evidences your agreement to be bound by it
4.4 Contact Information. For communications concerning this Agreement, please write to Amazon, Attn: Legal Department, P.O. Box 81226, Seattle, WA, 98108-1226.
4.5 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Store is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Amazon.com Conditions of Use at http://www.amazon.com/conditionsofuse. You agree to those terms by entering into the Agreement or using the Store.
4.6 Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use: (i) in no event will our or our Store Software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Store Software exceed the amount of fifty dollars ($50.00); and (ii) in no event will our total liability to you for all damages arising from your use of the Store, the Applications, or information, materials or products included on or otherwise made available to you through the Store (excluding the Store Software) exceed the amount you paid to purchase the Application related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.