I am getting this error:
Log started: 03:50:24, Sunday, February 02, 2014

(INFO) Root::InitObjects()
(INFO) Init texture manager
Init Mesh manager
Init material manager
(INFO) Root::InitObjects() OK
(INFO) Game::InitApplication()
(INFO) STARTED 3D system INIT
(INFO) <Used HAL device>
(WARN) D3D9_RenderKernel::Init: probably Hardware or Mixed VertexProcessing is not supported, using Software emulation...
(ERROR) D3D9_RenderKernel::Init: cant create Direct3DDevice9
(ERROR) DX Error (0x8876086C): Unknown error: #2156
(INFO) STARTED 3D System RELEASE
(INFO) COMPLETE 3D System RELEASE

(INFO) Root::ReleaseObjects()
[Exception] 0x00088744 EXCEPTION_ACCESS_VIOLATION (The thread attempted to read from or write to a virtual address for which it does not have the appropriate access.)







I have reinstalled my drivers because i thought it was a shader error, but it seems to be something else. i am running windows 7 64 bit.

Try installing DirectX9. Win 7 doesn't come with it by default.

i just did that now, still no luck :(

Some things to check for this error:

Make sure your game is not installed inside of 'Program Files' because it's a protected folder structure.

Make sure you have adequate permissions (run as administrator, if possible).

Make sure your antivirus/software firewall/anti malware are not interfering. Temporarily disable them.

Some people have success by enabling compatibility mode.

Are you using a video card like nVidia/ATI or a built in Integrated Graphics chip?

im using a radeon 7770, every other game i have works fine ( apart from the UFO games but they are hard to get running anyway) my processor is a q6600 OC to 3.2ghz

i dont see any reason why the game should not work :/

Have you contacted support about this?

Not yet, i thought id ask on the forums first to see if its a simple problem. suppose i best contact support

Yes, best is to issue a support ticket with your dxdiag breakdown, more often than not they can see what should be done and in the worst case you get your money back.

yeah should contact support. they've been quite quick with my problem once and helpful.
other than that I wonder if it's something in your hardware, overclockking?
I'm really not an expert... but then if all fails you could do that xp try, that would at least explain about the hardware (if it works it's not hardware)