Grade B- — Mostly fair (score 72/100)
This agreement governs the distribution of games between a publisher and GOG, featuring standard commercial liability caps and indemnification requirements.
B2B distribution terms. Liability capped. Indemnification required.
The total liability of GOG... will in no circumstances exceed an amount equal to the Publisher Revenue Share (if any) actually received by Publisher from GOG in the preceding one (1) year.
GOG limits its total financial liability to the amount paid to the publisher in the previous year, which may be insufficient for significant damages.
Publisher agrees on demand to indemnify and hold harmless GOG and its Affiliates... including reasonable legal fees and costs, arising out of or in connection with: (a) the Publisher Materials...
The publisher is required to cover all legal costs and damages incurred by GOG if the publisher's content leads to a third-party claim.
GOG is under no obligation to distribute or continue to distribute any Games and GOG may immediately remove Games from the GOG Platforms at its sole discretion without obligation or liability to Publisher.
GOG reserves the right to remove games from its platform at any time without prior notice or liability to the publisher.
The parties irrevocably agree that the courts of England will have exclusive jurisdiction... or... exclusive jurisdiction of the US federal and state courts located in Los Angeles.
Disputes are restricted to specific jurisdictions (England or California), which may be inconvenient depending on the publisher's location.
GOG may unilaterally modify these GOG Distribution Terms by providing Publisher with notice... which will become automatically binding 30 days from the date GOG notifies Publisher.
GOG provides 30 days' notice via email before unilateral changes to the terms become effective.
Last reviewed 2026-08-04 under rubric v3.5.