THE LORD OF THE RINGS ONLINE™
UNITED KINGDOM END USER LICENSE AGREEMENT
Last updated: May 12, 2011
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY. Welcome to The Lord of the Rings Online™. Turbine, Inc. ("Turbine") is proud to provide you with The Lord of the Rings Online™ game software (together with any updates, the "Game Client") for use with the online component of The Lord of the Rings Online™ (the "Game Server"). Together, the Game Client and the Game Server make up the massively multiplayer online role-playing game The Lord of the Rings Online™ (the "Game"). This End User License Agreement (the "EULA" or "Agreement") governs your use of the Game Client, while The Lord of the Rings Online™ Terms of Service (the "TOS") http://www.turbine.com/support/137, incorporated herein by this reference, governs your use of the Game Server. By installing or using the Game Client, you agree to be bound by the terms of this Agreement.
- Limited License. The Game Client is licensed, not sold. Subject to your agreement to and continued compliance with the terms and conditions of this EULA, Turbine hereby grants to you a limited, revocable, non-exclusive license to (a) download and install the Game Client onto a personal computer owned by you, and (b) use the Game Client in conjunction with the Game Server for your non-commercial entertainment purposes only. The foregoing license does not permit you to do any of the following, and you agree that the violation of any of the following license limitations will constitute an infringement of Turbine's copyrights:
- You may not sell, license or transfer the Game Client, or any reproductions thereof, to any person or entity;
- You may not develop, distribute or host any server or software designed to interact with the Game Client or to redirect or emulate the communications protocols used by Turbine;
- Except for personal back-up purposes and decompiling for interoperability, you may not modify the Game Client or any portion thereof;
- Except for personal back-up purposes, decompiling for interoperability, and copies made to test or study the software, you may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game Client or any portion thereof;
- You may not develop, distribute or use any third party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
- You may not exploit the Game, or any portion thereof, for any commercial purpose;
- You may not connect to the Game Server except by using an authorized, unmodified Game Client as set forth herein; or
- You may not use the Game Client to connect to any server or service other than the Game Server.
The license granted herein confers no title or ownership in the Game (including without limitation the Game Client) and should not be construed as a sale of any rights to the Game. All right, title and interest in and to the Game and any and all copies thereof (including without limitation any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Turbine or its licensors.
- Term. This EULA is effective until terminated, and those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing license limitations, disclaimer of warranties, limitation of liability, indemnification and ownership. You may terminate this EULA at any time by permanently destroying all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients installed on computers under your custody or control. Turbine may terminate this Agreement at any time for any reason or no reason by providing reasonable notice to you, including without limitation email notice to the last email address provided by you. Upon termination of this Agreement, you must destroy all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients installed on computers under your custody or control.
- Ownership. You agree that, between you and Turbine, Turbine owns and shall continue to own all rights, title and interest in and to the Game, all copies thereof, and all content therein. The Game is protected by the copyright laws of the United States, international treaties and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials are third party beneficiaries of this Agreement with the right to enforce their rights against you if you violate this Agreement.
- DISCLAIMER OF WARRANTIES. THE GAME IS PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMMENT AND AVAILABILITY.
- LIMITATION OF LIABILITY. PROVIDED TURBINE PROVIDES THE GAME AND/OR GAME SERVER WITH REASONABLE SKILL AND CARE, IN NO EVENT SHALL TURBINE, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME AND/OR THE GAME SERVER OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT SHALL NOT EXCLUDE LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM PERSONAL INJURY CAUSED BY NEGLIGENCE, [GROSS NEGLIGENCE], [WILFUL MISCONDUCT], FRAUD OR ANY WARRANTY IMPLIED BY LAW LIABILITY FOR WHICH CANNOT BE EXCLUDED.
- Further Limitation of Liability. In no event shall Turbine's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed 125% the total fees paid by you to Turbine during the twelve (12) months immediately prior to the time such claim arose.
- INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TURBINE, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE GAME CLIENT.
- Changes to Agreement and Game. Turbine may update this Agreement at its sole discretion, and you will be asked to review and agree to the revised version of the EULA once it becomes effective. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game. If at any time you are no longer able to comply with the terms of the then-current EULA, you must terminate this Agreement pursuant to Section 2 and immediately stop using the Game. Upon reasonable notice to you, Turbine may change, modify, suspend, or discontinue any aspect of the Game at any time, and may also impose limits on certain features or restrict your access to parts or all of the Game without liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.
- Patches and Updates. Turbine may apply patches, updates and modifications (collectively, "Updates") to the Game at any time, including Updates to the Game Client installed on your computer. Updates are not optional. Upon reasonable notice to you, agree that Turbine may deploy and install updates remotely, with or without your knowledge, and you hereby provide your consent for Turbine to download and apply such Updates.
- Remedies. You acknowledge that Turbine may suffer irreparable damage if you breach any of the provisions governing license limitations or ownership. You therefore agree that if you do breach either of these provisions, in addition to provable damages and reasonable attorneys' fees, Turbine shall be entitled to enjoin such breach and to obtain specific performance of such provisions in any court of competent jurisdiction.
- Seizure Warning. A very small percentage of people experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to these patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions while playing the game, immediately discontinue use and consult your physician.
- Governing Law. The terms set out in this Agreement along with any dispute arising from or related to such terms will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that Turbine has the right, at Turbine's sole discretion, to commence and pursue proceedings in alternative jurisdictions.
- Miscellaneous. The terms set forth in this Agreement, including the Disclaimer of Warranties, Limitation of Liability and Indemnification provisions are fundamental elements of the basis of the agreement between Turbine and you. Turbine would not be able to provide the Game (including without limitation the Game Client) on an economic basis without such limitations. Such Disclaimer of Warranties, Limitation of Liability and Indemnification provisions inure to the benefit of Turbine's licensors, successors and assigns. You agree that you are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of Turbine. You may not assign this Agreement, in whole or in part, without Turbine's prior written consent and any attempted assignment in violation of this provision shall be null and void. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement, whether of a similar nature or otherwise. Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Turbine with respect to the Game Client and supersedes all prior agreements between you and Turbine pertaining to the Game Client. You agree that you will comply with all applicable laws in connection with the Game Client and this Agreement, including without limitation export control laws. You must supply all necessary facilities, utilities and equipment necessary to play the Game, including appropriate computer equipment and Internet connections, at your sole risk and expense. This Agreement may be amended only by a writing executed by both parties.