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END USER LICENSE AGREEMENT
Notice: Game Experience May Change During Online Play
BatMUD™ is offered by B.A.T. ry (Balanced Alternative Techniques ry), a registered organization based in Helsinki, Finland. BatMUD is a multiuser role playing game which allows thousands of players from all around the world to interact in the same gaming environment. You may play BatMUD™ using B.A.T. ry's proprietary software, which allows you to log into the game environment and B.A.T. ry's game servers. To achieve the same result, you also may use other clients which operate through the telnet-protocol, as long as you comply to the terms and conditions stated in this End User License Agreement. To play, B.A.T. ry requires that you review and agree to the following terms and conditions:
This End User Licence Agreement ('EULA') describes the terms and conditions under which you may (i) install and use this software; and (ii) access and use BatMUD™. B.A.T. ry may amend this EULA from time to time by posting an amended version at https://www.bat.org/eula/. If you accept this EULA, the then-current version of this EULA shall apply each time you access B.A.T. ry's game servers or play BatMUD™.
By clicking the 'ACCEPT' button below (or if you bypass or otherwise disable the 'ACCEPT' buttons, but still download, copy, install, access or use this software or BatMUD™), you accept the terms and conditions in the EULA. If you do not accept the terms and conditions stated in the EULA, you must click the 'DECLINE' button and discontinue the use of this software and not access B.A.T. ry's game servers or BatMUD™. B.A.T. ry is not responsible for any fees you may have endured by downloading or acquiring this software.
1. REQUIREMENTS TO PLAY
To play BatMUD™, you must: (i) create a valid character on BatMUD and keep the character active by logging on to the game with your character at least once every thirteen (13) months, (ii) obtain and maintain your own Internet access (as Internet access is required to play BatMUD™, B.A.T. ry is not resposible for your access to the Internet), and (iii) you must comply with the EULA.
2. YOUR CHARACTER ACCOUNT
You may establish one (1) character on BatMUD™. You are not allowed to have multiple/secondary/alternative characters. Upon creating your character, you are required to choose a character name using good taste. You may not use silly, insulting or otherwise indecent character names. The administration reserves the right to remove you and your character from BatMUD and B.A.T. ry's game servers in any upcoming disputes against your character or other in-game/outside of game misbehaviour.
Only an individual, natural person who is an adult, or in the discretion of such an adult, his or her minor child, may establish a character. You are responsible and liable for all activities conducted through your character, regardless of who conducts those activities.
You may not share your character with anyone, or allow anyone other than you personally (or your minor child, if you have created an character on behalf of your minor child) to access or use your character. Joint or shared ownership or use of a character by more than one person is prohibited.
Characters may not be used for business purposes. Access to the B.A.T. ry's game servers and playing BatMUD is intended for your personal enjoyment, entertainment and recreation, and not for corporate, business, commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish a character, access B.A.T. ry's game servers or play BatMUD™. Accessing B.A.T. ry's game servers or using BatMUD™ for commercial, business or income-seeking purposes is strictly prohibited.
You will be asked to enter a password during the character creation and registration process. You may not disclose your password to anyone or allow anyone to use your password to access B.A.T. ry's servers or play BatMUD™. You are responsible for maintaining the confidentiality of your password and for any damage, harm, lost or removed characters, etc. resulting from your disclosure, or allowing a disclosure, or any password, or from the use by any person of your password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your character name and password.
You may not allow anyone to use your character name to access B.A.T. ry's servers or play BatMUD™. No player may use the character name of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use or attempt to use the character of anyone else.
You are not permitted to transfer your character to another person.
Minor children may not establish a character without the consent of a parent or guardian. If the player of BatMUD™ is a minor, a parent or guardian must agree to this EULA and complete the character creation process to establish a character, in which case the parent or guardian takes full resposibility for all obligations under the EULA and for all activities of the child using the character account. If you are a parent or guardian, you may permit one child to use the character instead of you (in which case you may not use that character yourself).
If you establish a character, you represent that you are an adult thirteen (13) years of age or older and are either accepting the EULA of behalf of yourself or on behalf of your child, in which latter case you agree to the EULA with regard to your child and represent that you are also personally bound by the EULA.
B.A.T. ry has established Rules of Conduct (included below) for players accessing the B.A.T. ry's servers and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the B.A.T. ry servers that you may consider inappropriate for children or that may be offensive to some users of any age. You acknowledge that other players may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. B.A.T. ry does not (but may), as a matter of policy, prescreen the communications or content transmitted by each player and is in no way responsible for the communications and content transmitted by players of BatMUD™.
B.A.T. ry does not knowingly collect any information about children under the age of thirteen (13) beyond that necessary to establish a character account and play BatMUD™.
3. SUBSCRIPTION
BatMUD™ is offered and has been offered as a 'FREE' service since the 1990's, and currently requires no subscription fees. However, B.A.T. ry reserves the right to set or amend a subscription fee and terms of payment at any time it so determines, in its sole discretion.
4. AMENDMENTS TO THE EULA
B.A.T. ry may, in its sole discretion, amend the EULA from time to time. If the EULA is amended, you will be asked to review the amended EULA when you log on to BatMUD with this software. To indicate and confirm your acceptance of the amended EULA, you will then click the 'ACCEPT' button.
If you use third party or other telnet-protocol utilizing clients, you are solely responsible to review and agree to the EULA every time you use B.A.T. ry's game servers or play BatMUD™. When using other means (than this software) to connect, by logging on to BatMUD™ or B.A.T. ry's game servers, you indicate and confirm your acceptance of the amended EULA.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and stop playing BatMUD™ and your use of B.A.T. ry's servers.
5. TERMINATION; AND REMOVAL OR SUSPENSION OF CHARACTER ACCOUNT
B.A.T. ry does not guarantee that it will continue to offer access to BatMUD™. B.A.T. ry may, in its sole discretion, cease to provide any or all of the services offered in connection with BatMUD™ (including access to B.A.T. ry servers, any or all features or components of BatMUD™), terminate the EULA, close all character accounts and cancel all of the rights granted to you under the EULA. If B.A.T. ry terminates the EULA pursuant to this section, you will not receive any refund or compensation.
Without limiting B.A.T. ry's rights or remedies, B.A.T. ry may immediately, and without notice, discontinue or remove your and your character's access to B.A.T. ry's servers and BatMUD™. B.A.T. ry reserves the right to terminate any character account and connection to BatMUD™ or B.A.T. ry's servers at any time, to its sole discretion.
You may terminate the EULA at any time, but must upon termination immediately stop playing BatMUD™ and your use of B.A.T. ry's game servers. Logging back on BatMUD™ or accessing B.A.T. ry's game servers after terminating the EULA indicate that you have re-accepted the EULA and will comply to it again.
If for any reason the EULA is terminated, all rights granted to you under the EULA shall terminate and you must discontinue your use of B.A.T. ry's software, and you may not access B.A.T. ry's game servers or play BatMUD™. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing BatMUD™, for any projected value of your character or its belongings, or for any other compensation.
6. CONDUCT
Your continued access to B.A.T. ry's game servers and license to play BatMUD™ is subject to proper conduct. These rules are available to you through the BatMUD™ website and in-game under the help topics. You agree to observe and abide by the rules Of conduct as may be amended by B.A.T. ry from time to time.
7. PRIVACY AND CONFIDENTIALITY
No transmissions between you and B.A.T. ry servers or BatMUD™ are private, and may they be monitored. Anyone accessing/using BatMUD™ or B.A.T. ry's servers expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, B.A.T. ry may provide the evidence of such montoring to law enforcement officials.
You acknowledge and agree that you have no expectation of privacy regarding communications you make in the game, whether through private in-game messaging, during chat, or in parties, or during other activities. B.A.T. ry representatives and game administration may monitor communications made by or received from you and to you. You should not provide private information to any other player in the game. B.A.T. ry shall not be responsible for the consequences of any such disclosure by you.
B.A.T. ry does not guarantee that you will not encounter behaviour of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the game, and B.A.T. ry assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.
B.A.T. ry does not guarantee that personal information transmitted to B.A.T. ry's servers, including without limitation information in your character account, will not be disclosed to third parties. While B.A.T. ry employs security measures to protect its servers, third parties may unlawfully intercept transmissions or private communications, or access data within B.A.T. ry's servers. Additionally, B.A.T. ry may (and you hereby expressly authorize B.A.T. ry to) disclose information about you to private entities, law enforcement or other government officials, as B.A.T. ry, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
8. HEALTH WARNINGS
B.A.T. ry advises you that you do not forget physical excersizes, such as streching out on a regular basis, and taking appropriate breaks when playing BatMUD™. B.A.T. ry forbids you of playing BatMUD™ for prolonged periods of time without nourishment and appropriate time to rest. By accepting this EULA, you hereby agree to comply with these health suggestions.
In rare instances, some users may experience seizudres when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video screen may include an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
9. LICENSE
Subject to the terms of the EULA, B.A.T. ry grans you a limited, non-exclusive, revocable license to use the software and its accompanying documentation solely in connection with accessing B.A.T. ry's game servers in order to play BatMUD™ using a single character.
Any and all rights not expressly granted by B.A.T. ry herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the software, or from any information accessible through B.A.T. ry's servers (including, without limitation, data packets transmitted to and from B.A.T. ry's servers over the Internet), or anything incorporated therein, or analyze, decipher, sniff or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from B.A.T. ry's servers, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so.
B.A.T. ry may from time to time update or otherwise modify the software electronically. You herein grant B.A.T. ry the permission to: (i) extract information from your computer's file directories pertaining to the game and your ability to access B.A.T. ry's game servers; (ii) download to your computer content and game files and any data related to the operation of BatMUD™. The foregoing applies to any computer from which you log on into B.A.T. ry's game servers with your character.
You are not entitled to receive any new releases of the software, or any expansion packs, updates, upgrades or similar products under the EULA, but B.A.T. ry may, in its sole discretion, offer any or all of the foregoing to you. B.A.T. ry may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, B.A.T. ry may require all users to migrate to new releases of the software in order to continue accessing the B.A.T. ry game servers and playing BatMUD™. If you fail to install the new release when required, B.A.T. ry shall not be responsible in any way for your inability to access B.A.T. ry's game servers or play BatMUD™, and you shall not be entitled to any form of compensation.
10. PROPRIETARY RIGHTS
As between you and B.A.T. ry, B.A.T. ry is the sole and exlusive owner of the software, B.A.T. ry's game servers, BatMUD™ and game content. The software, B.A.T. ry servers, BatMUD™ and all game content are protected by law governing copyrights, trademarks and proprietary rights. B.A.T. ry reserves all rights not expressly granted herein.
You have no interest in the value of your time spent playing BatMUD™, for example, by the building up of experience points of your character and the items your character accumulates during your time playing BatMUD™. Your character account, including all attributes, objects, items acquired, etc. are the sole and exclusive property of B.A.T. ry, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to B.A.T. ry any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to B.A.T. ry's servers or while playing the BatMUD™, including without limitation all data concerning your character. To the extent that any such rights are not assignable, you hereby grant B.A.T. ry an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. The foregoing assignment and license in this paragraph shall not include the content listed in the following paragraph:
Any content that you cause to be communicated to B.A.T. ry's servers may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.
11. NO WARRANTY
The software, B.A.T. ry servers, BatMUD™ and all game content, and all other services and material provided in connection therewith, are provided 'AS IS', with all faults , and without warranty of any kind. You assume all risk of use and all risk associated with accessing B.A.T. ry servers and playing BatMUD™.
B.A.T. ry disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of BatMUD™. B.A.T. ry does not warrant that the operation of the B.A.T. ry servers or your access to the B.A.T. ry servers, or that your use of the software, will be uninterrupted or error-free, nor that the B.A.T. ry servers or software will be compatible with your hardware and software.
B.A.T. ry does not guarantee that the B.A.T. ry servers will always be available, or that the B.A.T. ry servers will not become unavailable during playing BatMUD™.
12. DISCLAIMER OF DAMAGES
In no event shall B.A.T. ry be liable to you or any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your character account, the B.A.T. ry servers, BatMUD™, game content, user content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not B.A.T. ry is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
13. NO LIABILITY
B.A.T. ry is not liable for any and all claims arising out or in connection with your character account, software, B.A.T. ry servers, BatMUD™, game content, user content, EULA, or any other services or materials provided in connection therewith.
14. INDEMNITY
You shall defend, indemnify and hold harmless B.A.T. ry from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to B.A.T. ry's servers; (iii) any activities conducted through your character (whether by you or another person); and (iv) your playing of BatMUD™.
15. GOVERNING LAW
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Finland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience and agree to the jurisdiction of Helsinki District Court, Finland.
16. MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the B.A.T. ry servers, use of the software, your access to your character and your playing of BatMUD™. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the B.A.T. ry game servers or the software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void.
Notice: Game Experience May Change During Online Play
BatMUD™ is offered by B.A.T. ry (Balanced Alternative Techniques ry), a registered organization based in Helsinki, Finland. BatMUD is a multiuser role playing game which allows thousands of players from all around the world to interact in the same gaming environment. You may play BatMUD™ using B.A.T. ry's proprietary software, which allows you to log into the game environment and B.A.T. ry's game servers. To achieve the same result, you also may use other clients which operate through the telnet-protocol, as long as you comply to the terms and conditions stated in this End User License Agreement. To play, B.A.T. ry requires that you review and agree to the following terms and conditions:
This End User Licence Agreement ('EULA') describes the terms and conditions under which you may (i) install and use this software; and (ii) access and use BatMUD™. B.A.T. ry may amend this EULA from time to time by posting an amended version at https://www.bat.org/eula/. If you accept this EULA, the then-current version of this EULA shall apply each time you access B.A.T. ry's game servers or play BatMUD™.
By clicking the 'ACCEPT' button below (or if you bypass or otherwise disable the 'ACCEPT' buttons, but still download, copy, install, access or use this software or BatMUD™), you accept the terms and conditions in the EULA. If you do not accept the terms and conditions stated in the EULA, you must click the 'DECLINE' button and discontinue the use of this software and not access B.A.T. ry's game servers or BatMUD™. B.A.T. ry is not responsible for any fees you may have endured by downloading or acquiring this software.
1. REQUIREMENTS TO PLAY
To play BatMUD™, you must: (i) create a valid character on BatMUD and keep the character active by logging on to the game with your character at least once every thirteen (13) months, (ii) obtain and maintain your own Internet access (as Internet access is required to play BatMUD™, B.A.T. ry is not resposible for your access to the Internet), and (iii) you must comply with the EULA.
2. YOUR CHARACTER ACCOUNT
You may establish one (1) character on BatMUD™. You are not allowed to have multiple/secondary/alternative characters. Upon creating your character, you are required to choose a character name using good taste. You may not use silly, insulting or otherwise indecent character names. The administration reserves the right to remove you and your character from BatMUD and B.A.T. ry's game servers in any upcoming disputes against your character or other in-game/outside of game misbehaviour.
Only an individual, natural person who is an adult, or in the discretion of such an adult, his or her minor child, may establish a character. You are responsible and liable for all activities conducted through your character, regardless of who conducts those activities.
You may not share your character with anyone, or allow anyone other than you personally (or your minor child, if you have created an character on behalf of your minor child) to access or use your character. Joint or shared ownership or use of a character by more than one person is prohibited.
Characters may not be used for business purposes. Access to the B.A.T. ry's game servers and playing BatMUD is intended for your personal enjoyment, entertainment and recreation, and not for corporate, business, commercial or income-seeking activities. Business entities and anyone who is acting for or on behalf of a business or for business purposes may not establish a character, access B.A.T. ry's game servers or play BatMUD™. Accessing B.A.T. ry's game servers or using BatMUD™ for commercial, business or income-seeking purposes is strictly prohibited.
You will be asked to enter a password during the character creation and registration process. You may not disclose your password to anyone or allow anyone to use your password to access B.A.T. ry's servers or play BatMUD™. You are responsible for maintaining the confidentiality of your password and for any damage, harm, lost or removed characters, etc. resulting from your disclosure, or allowing a disclosure, or any password, or from the use by any person of your password. You may not obtain, attempt to obtain, use or attempt to use the password of anyone else. You are responsible for remembering your character name and password.
You may not allow anyone to use your character name to access B.A.T. ry's servers or play BatMUD™. No player may use the character name of another player to impersonate or falsely represent his or her identity. You may not obtain, attempt to obtain, use or attempt to use the character of anyone else.
You are not permitted to transfer your character to another person.
Minor children may not establish a character without the consent of a parent or guardian. If the player of BatMUD™ is a minor, a parent or guardian must agree to this EULA and complete the character creation process to establish a character, in which case the parent or guardian takes full resposibility for all obligations under the EULA and for all activities of the child using the character account. If you are a parent or guardian, you may permit one child to use the character instead of you (in which case you may not use that character yourself).
If you establish a character, you represent that you are an adult thirteen (13) years of age or older and are either accepting the EULA of behalf of yourself or on behalf of your child, in which latter case you agree to the EULA with regard to your child and represent that you are also personally bound by the EULA.
B.A.T. ry has established Rules of Conduct (included below) for players accessing the B.A.T. ry's servers and may, but is not obligated to, monitor and take action regarding inappropriate conduct. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the B.A.T. ry servers that you may consider inappropriate for children or that may be offensive to some users of any age. You acknowledge that other players may transmit communications or content, or access to content, that you may consider inappropriate or objectionable. B.A.T. ry does not (but may), as a matter of policy, prescreen the communications or content transmitted by each player and is in no way responsible for the communications and content transmitted by players of BatMUD™.
B.A.T. ry does not knowingly collect any information about children under the age of thirteen (13) beyond that necessary to establish a character account and play BatMUD™.
3. SUBSCRIPTION
BatMUD™ is offered and has been offered as a 'FREE' service since the 1990's, and currently requires no subscription fees. However, B.A.T. ry reserves the right to set or amend a subscription fee and terms of payment at any time it so determines, in its sole discretion.
4. AMENDMENTS TO THE EULA
B.A.T. ry may, in its sole discretion, amend the EULA from time to time. If the EULA is amended, you will be asked to review the amended EULA when you log on to BatMUD with this software. To indicate and confirm your acceptance of the amended EULA, you will then click the 'ACCEPT' button.
If you use third party or other telnet-protocol utilizing clients, you are solely responsible to review and agree to the EULA every time you use B.A.T. ry's game servers or play BatMUD™. When using other means (than this software) to connect, by logging on to BatMUD™ or B.A.T. ry's game servers, you indicate and confirm your acceptance of the amended EULA.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and stop playing BatMUD™ and your use of B.A.T. ry's servers.
5. TERMINATION; AND REMOVAL OR SUSPENSION OF CHARACTER ACCOUNT
B.A.T. ry does not guarantee that it will continue to offer access to BatMUD™. B.A.T. ry may, in its sole discretion, cease to provide any or all of the services offered in connection with BatMUD™ (including access to B.A.T. ry servers, any or all features or components of BatMUD™), terminate the EULA, close all character accounts and cancel all of the rights granted to you under the EULA. If B.A.T. ry terminates the EULA pursuant to this section, you will not receive any refund or compensation.
Without limiting B.A.T. ry's rights or remedies, B.A.T. ry may immediately, and without notice, discontinue or remove your and your character's access to B.A.T. ry's servers and BatMUD™. B.A.T. ry reserves the right to terminate any character account and connection to BatMUD™ or B.A.T. ry's servers at any time, to its sole discretion.
You may terminate the EULA at any time, but must upon termination immediately stop playing BatMUD™ and your use of B.A.T. ry's game servers. Logging back on BatMUD™ or accessing B.A.T. ry's game servers after terminating the EULA indicate that you have re-accepted the EULA and will comply to it again.
If for any reason the EULA is terminated, all rights granted to you under the EULA shall terminate and you must discontinue your use of B.A.T. ry's software, and you may not access B.A.T. ry's game servers or play BatMUD™. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you spent playing BatMUD™, for any projected value of your character or its belongings, or for any other compensation.
6. CONDUCT
Your continued access to B.A.T. ry's game servers and license to play BatMUD™ is subject to proper conduct. These rules are available to you through the BatMUD™ website and in-game under the help topics. You agree to observe and abide by the rules Of conduct as may be amended by B.A.T. ry from time to time.
7. PRIVACY AND CONFIDENTIALITY
No transmissions between you and B.A.T. ry servers or BatMUD™ are private, and may they be monitored. Anyone accessing/using BatMUD™ or B.A.T. ry's servers expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity, B.A.T. ry may provide the evidence of such montoring to law enforcement officials.
You acknowledge and agree that you have no expectation of privacy regarding communications you make in the game, whether through private in-game messaging, during chat, or in parties, or during other activities. B.A.T. ry representatives and game administration may monitor communications made by or received from you and to you. You should not provide private information to any other player in the game. B.A.T. ry shall not be responsible for the consequences of any such disclosure by you.
B.A.T. ry does not guarantee that you will not encounter behaviour of others that you may view as insulting, demeaning, offensive, threatening or harassing. You assume all risk associated with playing the game, and B.A.T. ry assumes no responsibility for the conduct of any other players, and shall not be liable to you or any other person for their conduct.
B.A.T. ry does not guarantee that personal information transmitted to B.A.T. ry's servers, including without limitation information in your character account, will not be disclosed to third parties. While B.A.T. ry employs security measures to protect its servers, third parties may unlawfully intercept transmissions or private communications, or access data within B.A.T. ry's servers. Additionally, B.A.T. ry may (and you hereby expressly authorize B.A.T. ry to) disclose information about you to private entities, law enforcement or other government officials, as B.A.T. ry, in its sole discretion, deems necessary or appropriate to investigate or resolve possible crimes or to respond to judicial, regulatory, agency or similar inquiries.
8. HEALTH WARNINGS
B.A.T. ry advises you that you do not forget physical excersizes, such as streching out on a regular basis, and taking appropriate breaks when playing BatMUD™. B.A.T. ry forbids you of playing BatMUD™ for prolonged periods of time without nourishment and appropriate time to rest. By accepting this EULA, you hereby agree to comply with these health suggestions.
In rare instances, some users may experience seizudres when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video screen may include an epileptic seizure, even in persons who have no history of prior seizures or epilepsy.
9. LICENSE
Subject to the terms of the EULA, B.A.T. ry grans you a limited, non-exclusive, revocable license to use the software and its accompanying documentation solely in connection with accessing B.A.T. ry's game servers in order to play BatMUD™ using a single character.
Any and all rights not expressly granted by B.A.T. ry herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source code from, all or any portion of the software, or from any information accessible through B.A.T. ry's servers (including, without limitation, data packets transmitted to and from B.A.T. ry's servers over the Internet), or anything incorporated therein, or analyze, decipher, sniff or derive code (or attempt to do any of the foregoing) from any packet stream transmitted to or from B.A.T. ry's servers, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so.
B.A.T. ry may from time to time update or otherwise modify the software electronically. You herein grant B.A.T. ry the permission to: (i) extract information from your computer's file directories pertaining to the game and your ability to access B.A.T. ry's game servers; (ii) download to your computer content and game files and any data related to the operation of BatMUD™. The foregoing applies to any computer from which you log on into B.A.T. ry's game servers with your character.
You are not entitled to receive any new releases of the software, or any expansion packs, updates, upgrades or similar products under the EULA, but B.A.T. ry may, in its sole discretion, offer any or all of the foregoing to you. B.A.T. ry may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation to you. Periodically, B.A.T. ry may require all users to migrate to new releases of the software in order to continue accessing the B.A.T. ry game servers and playing BatMUD™. If you fail to install the new release when required, B.A.T. ry shall not be responsible in any way for your inability to access B.A.T. ry's game servers or play BatMUD™, and you shall not be entitled to any form of compensation.
10. PROPRIETARY RIGHTS
As between you and B.A.T. ry, B.A.T. ry is the sole and exlusive owner of the software, B.A.T. ry's game servers, BatMUD™ and game content. The software, B.A.T. ry servers, BatMUD™ and all game content are protected by law governing copyrights, trademarks and proprietary rights. B.A.T. ry reserves all rights not expressly granted herein.
You have no interest in the value of your time spent playing BatMUD™, for example, by the building up of experience points of your character and the items your character accumulates during your time playing BatMUD™. Your character account, including all attributes, objects, items acquired, etc. are the sole and exclusive property of B.A.T. ry, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved.
You hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to B.A.T. ry any and all right, title and interest you have, including copyrights, in or to any and all information you exchange, transmit or upload to B.A.T. ry's servers or while playing the BatMUD™, including without limitation all data concerning your character. To the extent that any such rights are not assignable, you hereby grant B.A.T. ry an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information, in any medium now known or hereafter developed. The foregoing assignment and license in this paragraph shall not include the content listed in the following paragraph:
Any content that you cause to be communicated to B.A.T. ry's servers may not (i) violate any statute, rule, regulation or law; (ii) infringe or violate the intellectual property, proprietary, privacy or publicity rights of any third party; (iii) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (iv) contain any viruses, trojan horses, disabling code, worms, time bombs, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept or expropriate any data, information, packets or personal information.
11. NO WARRANTY
The software, B.A.T. ry servers, BatMUD™ and all game content, and all other services and material provided in connection therewith, are provided 'AS IS', with all faults , and without warranty of any kind. You assume all risk of use and all risk associated with accessing B.A.T. ry servers and playing BatMUD™.
B.A.T. ry disclaims all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty against interference with your enjoyment of BatMUD™. B.A.T. ry does not warrant that the operation of the B.A.T. ry servers or your access to the B.A.T. ry servers, or that your use of the software, will be uninterrupted or error-free, nor that the B.A.T. ry servers or software will be compatible with your hardware and software.
B.A.T. ry does not guarantee that the B.A.T. ry servers will always be available, or that the B.A.T. ry servers will not become unavailable during playing BatMUD™.
12. DISCLAIMER OF DAMAGES
In no event shall B.A.T. ry be liable to you or any third party for any special, indirect, incidental, consequential, punitive or exemplary damages (including without limitation, lost profits or lost data), arising out of or in connection with your character account, the B.A.T. ry servers, BatMUD™, game content, user content, EULA, or any other services or materials provided in connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or not B.A.T. ry is advised of the possibility of such damages, and even if any stated remedy fails of its essential purpose.
13. NO LIABILITY
B.A.T. ry is not liable for any and all claims arising out or in connection with your character account, software, B.A.T. ry servers, BatMUD™, game content, user content, EULA, or any other services or materials provided in connection therewith.
14. INDEMNITY
You shall defend, indemnify and hold harmless B.A.T. ry from any and all claims, loss, damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Software; (ii) your access to B.A.T. ry's servers; (iii) any activities conducted through your character (whether by you or another person); and (iv) your playing of BatMUD™.
15. GOVERNING LAW
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Finland. The EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience and agree to the jurisdiction of Helsinki District Court, Finland.
16. MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the B.A.T. ry servers, use of the software, your access to your character and your playing of BatMUD™. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the B.A.T. ry game servers or the software except in full compliance with all applicable laws and regulations.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder, and any attempt to do so is void.