EULA

From Lotro-Wiki.com
Jump to: navigation, search

The Turbine "End User License Agreement" (the “EULA” or “Agreement”) is a legal document describing things you can and cannot do with the Lord of the Rings Online™ game.

The Lord of the Rings Online™ EULA governs your use of the Game Client, while "The Lord of the Rings Online™ Terms of Service" (the “TOS” or “Agreement”) 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.
  • A copy of the most current EULA is installed on your Hard Drive with the Game installation, and may be updated by any game expansion or update (i.e. by electronic download.)
It is stored under:
Program Files/Turbine/The Lord of the Rings Online/ in the folder of your language -- de / en / fr.
A copy of the Terms of Service (TOS) is also found there.
A copy of the EULA can also be found at: www.turbine.com/en/content/lotro-eula
TURBINE, INC.
THE LORD OF THE RINGS ONLINE™
UNITED STATES END USER LICENSE AGREEMENT

For the UNITED KINGDOM END USER LICENSE AGREEMENT scroll down.

Last updated: July 16, 2013

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/en/content/lotro-tos, 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.

1. 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:

a. You may not sell, license or transfer the Game Client, or any reproductions thereof, to any person or entity;
b. 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;
c. You may not modify the Game Client or any portion thereof;
d. 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;
 e. 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;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to the Game Server except by using an authorized, unmodified Game Client as set forth herein; or
h. 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.

2. 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 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.

3. 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.

4. Consent to Monitor. When the Game is running, Turbine may monitor your computer for the use of programs that violate Section 1. You hereby grant Turbine permission to monitor your computer for purposes of identifying such use and communicating potential violations to Turbine.

5. 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.

6. 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 AND/OR THE GAME CLIENT 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 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 (INCLUDING WITHOUT LIMITATION THE GAME CLIENT). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 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.

7. 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.

8. 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. 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.

9. 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.

10. 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.

11. 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.

12. Dispute Resolution and Governing Law.

a. Binding Arbitration. Any dispute, controversy or claim related to this Agreement ("Dispute") (except those Disputes expressly excluded below) that cannot be resolved through information negotiations shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Turbine will pay all arbitration fees and reasonable expenses as determined by the arbitrator. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator shall provide a detailed written statement of decision, which shall be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. Except as otherwise provided in this Agreement, you and Turbine may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Turbine agree to submit to the personal jurisdiction of that court.
b. Restrictions. You and Turbine agree that any arbitration shall be limited to the Dispute between Turbine and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
c. Exceptions. You and Turbine agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Turbine’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim for injunctive relief.
d. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Those who choose to access the Game Server from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
e. Severability. You and Turbine agree that if any portion Section 12 is found illegal or unenforceable (except any portion of 12(c)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 12(c) is found to be illegal or unenforceable then neither you nor Turbine will elect to arbitrate any Dispute falling within that portion of Section 12(c) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Turbine agree to submit to the personal jurisdiction of that court.

13. 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.


TURBINE, INC.
THE LORD OF THE RINGS ONLINE™
UNITED KINGDOM END USER LICENSE AGREEMENT
Last updated: July 16, 2013


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/en/content/lotro-tos, 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.

1. 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:

a. You may not sell, license or transfer the Game Client, or any reproductions thereof, to any person or entity;
b. 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;
c. Except for personal back-up purposes and decompiling for interoperability, you may not modify the Game Client or any portion thereof;
d. 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;
e. 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;
f. You may not exploit the Game, or any portion thereof, for any commercial purpose;
g. You may not connect to the Game Server except by using an authorized, unmodified Game Client as set forth herein; or
h. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

See also: Game_Terms#Turbine_Legal