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 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.
- 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, information about other players 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.
Consent to Monitor. When the Game is running, Turbine may monitor your computer for the use of programs that violate Section . You hereby grant Turbine permission to monitor your computer for purposes of identifying such use and communicating potential violations to the Game Server.
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. 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 OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL TURBINE, ITS PARENT, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. You acknowledge that this pre-release version of the Game is a work-in-progress and may contain bugs which may cause loss of data, damage or malfunction of your computer, and you agree that Turbine shall not be liable for any such damages. In no event shall Turbine's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Turbine during the six (6) 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.
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 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.
Remedies. You acknowledge that Turbine may suffer irreparable damage if you breach any of the provisions governing license limitations, confidentiality or ownership. You therefore agree that if you do breach any 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.
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 California and you and Turbine both agree to submit to the jurisdiction of, and waive any objections to the venue of, the state and federal courts located in Los Angeles, California. 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™ 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.