THE LORD OF THE RINGS ONLINE™
END USER LICENSE AND PREVIEW AGREEMENT
Thank you your interest in the Preview Program (the “Preview Program” or “Preview”) for Turbine, Inc.’s (“Turbine”) massively multiplayer online role-playing game The Lord of the Rings Online™ (the “Game”). THIS AGREEMENT IS A LEGALLY BINDING CONTRACT; PLEASE READ IT CAREFULLY.
Through the Preview Program, we hope to provide you with an opportunity to experience and help test the pre-release version of the Game before it is made available to the public. Please be aware that during the Preview Program, you may only see an incomplete portion of the Game which may, or may not, resemble the final release. We hope that you are as excited about this as we are.
Your participation in the Preview Program, including use of (a) the software program (the “Game Client”), (b) Turbine’s online component (the “Game Server”), and (c) any updates or expansion packs provided by Turbine (collectively with the Game Client and the Game Server, the “Game”), is subject to this End User License and Preview Agreement (the “EULA” or “Agreement”) and the Terms of Service (the “TOS”) incorporated herein by this reference: http://www.turbine.com/support/74.
- 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 a single copy of 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 your beta program credentials, or any reproductions thereof, to any person or entity;
- You may not post information, screen shots or images of the Game to any website or otherwise publicly display game-play elements of the Game;
- 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;
- You may not modify the Game Client or any portion thereof;
- 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 part thereof;
- You may not 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.
- Eligibility. You must meet certain eligibility requirements to participate in the Preview Program. If you do not meet these requirements, you must refrain from using the Game. To be eligible to participate in the Preview Program, you must (i) not be a principal, agent or an employee of a company that is a publisher, distributor, manufacturer, or a developer of video games (other than Turbine, its parent, affiliates, publishing partners, licensors and licensees); (ii) not be a member of the press; and (iii) be at least 18 years of age. Your participation in the Preview Program is purely voluntary, and you understand and agree that you will receive no compensation for your participation.
- Reservation of Rights.As a tester, you are invited to play the Game for the sole purpose of evaluating the Game and identifying errors. Nothing in this Agreement or your participation in the Preview Program shall be construed as granting you any rights or privileges of any kind with respect to the Game or rights to receive any other compensation of any kind for your participation and does not constitute an employment agreement or offer of such an agreement between you and Turbine. The Game is provided on an "as is" and "as available" basis and Turbine makes no express warranty to you of any kind. Turbine may, in its sole discretion for any reason and at any time without notice during the Preview Program terminate your participation therein without any form of compensation due to you whatsoever for this termination.
In-game Points. When playing the Game, you may accumulate earned points, achievement points, or other value or status indicators and items acquired by such points, all of which are non-refundable, non-tradable and have no monetary value. You acknowledge and agree that Turbine reserves the right to add, remove or reset any such points, virtual items or other data at any time during the testing process (without any notice to you), and such items may be reset when the Game completes the Preview Program. In this case, all player history and data will be erased and each player will return to novice status at the end of the Beta Program.
Program Confidentiality. During your participation in the Preview Program, you will have access to non-public information concerning the Game, including without limitation the Game design, look and feel, computer software, game concepts, storylines, features, screen shots, characters, graphics, audio, images, virtual items, Feedback, business methods, Turbine updates, release schedules, or other information that is not generally known (collectively, the “Confidential Information”). The Confidential Information is proprietary to Turbine (or its affiliates, publishing partners, licensors or licensees), and you agree to treat as confidential all Confidential Information of which you become aware in connection with your participation in the Preview Program, regardless of whether it is in written, oral, electronic or other form. As a participant, you must maintain all Confidential Information in strict confidence, may not disclose or permit access to Confidential Information to anyone other than Turbine, or discuss Confidential Information with anyone except within the Game itself or on the Preview Program’s discussion boards located at forums.lotro.com.
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, program confidentiality 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 notice to you, including without limitation email notice to the last email address provided by you. Upon termination of this Agreement, you must (a) destroy all copies of the Game and related documentation in your possession, including without limitation any and all Game Clients installed on your computers; and (b) turn over to Turbine all copies of the Feedback and all copies of documents or other media in any form, written or electronic, which contain Confidential Information.
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. You agree that Turbine owns all rights and title in and to all Feedback and all ideas and inventions communicated by you to Turbine in connection with the Game, and that Turbine and its licensors may use, copy, modify, distribute, sublicense, create derivate works based on, and commercially exploit any such Feedback, ideas and inventions without restriction. To the extent that any portion of the Feedback is protectable by copyright, patent, trade secret, trademark or other intellectual property rights, you agree to assign, and hereby assign, irrevocably all right, title and interest in and to the Feedback and all related rights to Turbine. Further, Turbine reserves the right to suspend or terminate operation of the Game at any time for any reason without any notice or liability to you. Turbine has the right to change or discontinue any aspect or feature of the Game, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time without any notice or liability to you. Any use of the Game not expressly authorized by us is strictly forbidden and will be regarded as an infringement of Turbine’s and/or its subsidiaries’, affiliates’, assigns’, licensors’ copyrights in and to the Game.
Consent to Monitor. As a condition to participation in the Preview Program, you grant Turbine the right to upload certain system and software information from your computer system during your participation in the Preview Program, solely for the purpose of evaluating and improving the Game and to identify any violations of Section 1. You further acknowledge that any and all Game character data is stored and is resident on Turbine’s or its affiliates servers, and any and all communications that you makes within the Game or as part of the Preview Program (including, but not limited to, messages solely directed at another player or players) traverse through Turbine’s or its affiliates’ servers, may or may not be monitored by Turbine’s or its affiliates’ personnel and, accordingly, you have no expectation of privacy in any such communication.
DISCLAIMER OF WARRANTIES. You agree that the software is provided to you "as is" and without any express warranties or representations of any kind. In the absence of any negligence or other breach of duty by us, your use of the Game is at your own risk.
LIMITATION OF LIABILITY. Nothing in this Agreement shall limit our liability for death or personal injury caused by our negligence, or for fraud, fraudulent misstatement or fraudulent misrepresentaion.
We will not be liable to you for any loss or damage which you suffer as a result of your use of the Game which was not (i) foreseeable by you and us at the time you accepted this Agreement; or (ii) caused by a breach of this Agreement on our behalf. We are not responsible for indirect losses or damages which occur as a side effect of the main loss or damage and which are not foreseeable by you (such as loss of opportunity).
We will also not be liable to you for any loss or damage which you suffer in respect of which there is no breach of a legal duty of care owed by us to you, or where the loss or damage results from breach by you of this Agreement.
Further to the above, we will not be liable to you for any lost profits or interruption to business which you suffer in connection with the Game or your use thereof.
In no event shall our liability to you, or your liability to us, under this Agreement exceed five hundred pounds sterling (£500).
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. If you do not agree to a revised EULA, you will not be permitted to continue playing the Game. Your continued use of the Game after being provided with a revised EULA will constitute your acceptance of such revised EULA. 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 4 and immediately stop using the Game. Turbine may change, modify, suspend, or discontinue any aspect of the Game at any time. Turbine may also impose limits on certain features or restrict your access to parts or all of the Game without notice or 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. 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.
Miscellaneous. 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 shall be governed by the laws of the territory in which you are resident and you and Turbine both agree to submit to the exclusive jurisdiction of the local courts of the territory in which you are resident. This Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between you and Turbine with respect to Game Client and The Lord of the Rings Online™: Riders of Rohan™ Preview Program. 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.