Dragons and Titans End User License Agreement
Please read the End User License Agreement ("EULA") carefully before playing Dragons and Titans (the "Game"). This EULA describes the terms and conditions under which you may (i) use the Software and (ii) access and use the Game. This software is licensed, not sold. By installing, copying, or otherwise using the Game, you agree to be bound by the terms of this agreement. If you do not agree to the terms of the agreement, you are not permitted to install, copy or use the Game. By playing the Game and/or creating a user account, or by using the http://www.dragonsandtitans.com website and related webpages (the "Website") you represent that you, or, if you are under 18, your parent/guardian, have read and agreed to the terms below. This agreement is enforceable like any written contract signed by you. If you do not agree to all of the terms, please exit the Game or use the Website.
Dragons and Titans (the "Game") is a free-to-play multiplayer online battle-arena computer game developed and operated by Wyrmbyte. You may play Dragons and Titans using Wyrmbyte's proprietary software (the "Software"). To play the Game, Wyrmbyte requires that you review and agree to the following terms and conditions of this End User License Agreement ("EULA"). For the purposes of this Agreement, "you" and "your" refers to the user of the computer on which the Game will be or has been installed.
1. Limited Use License
Subject to your agreement to and continuing compliance with this EULA, Wyrmbyte hereby grants, and you hereby accept a limited, non-exclusive, non-transferable license to (i) install the Game on one or more computers owned by you or under your legitimate control; (ii) use the Game in conjunction with the Service for your noncommercial entertainment purposes only; and (iii) access to any Software upgrades, patches, subsequent versions, and updates ("Updates") licensed to you by Wyrmbyte. Except as expressly permitted by Wyrmbyte, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Game.
2. Additional License Limitations
The license granted to you in Section 1 above is subject to the limitations set forth in Sections 1 and 2 (the "License Limitations"). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Wyrmbyte's copyrights in and to the Game. You agree that you will not, under any circumstances:
- In whole or in part, modify, adapt, translate, reverse engineer, derive source code from, disassemble, decompile, or create derivative works based on the Game or any accompanying materials registered in the server of the Software.
- Exploit the Game or any of its parts for any commercial purpose without Wyrmbyte's express permission, with the sole exception that you may use the Game on the Service at a cyber cafe, computer gaming center or any other location based site;
- Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information; provided, however, that Wyrmbyte may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Modify or cause to be modified any files that are a part of the Game in any way not expressly authorized by Wyrmbyte;
- Facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using third party programs or tools;
- Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Game or your rights to the Game to any other party in any way not expressly authorized herein.
All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Wyrmbyte. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement. You have no interest, monetary or otherwise, in any feature or content contained in the Game or associated with the Account.
4. Code of Conduct
While using the Software and the Game, you agree to comply with all applicable laws, rules and regulations, including certain additional rules that govern your use of the Game (the "Code of Conduct"). The Code of Conduct is not meant to be exhaustive, and Wyrmbyte reserves the right to modify this Code of Conduct at any time, as well as take any appropriate disciplinary measures including Account termination and deletion to protect the integrity and spirit of the Game, regardless of whether a specific behavior is listed here as prohibited. Examples of behavior that will result in disciplinary measures:
- Impersonating any person, business, or entity, including an employee of Wyrmbyte, or communicating in a way that makes it appear that the communication originates from Wyrmbyte;
- Removing, disabling, or circumventing any security protections, proprietary notices, or labels contained on or within the Game;
- Transmitting or communicating any content which is deemed offensive in the Game, Website, or related chats. This includes, but is not limited to, language or content that is unlawful, harmful, threatening, abusive, vulgar, pornographic, provocative, sexually explicit, or racially, ethnically, or otherwise objectionable;
- Transmitting or facilitating the transmission of any content that contains a virus, corrupted data, key stroke logger, Trojan horse, or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, intercept or mine, scrape or expropriate any system, data or personal information;
- Participating in any action which, in the sole and exclusive judgement of Wyrmbyte, "exploits" an undocumented aspect of the Game in order to secure an unfair advantage over others;
- Participating in any action, which, in the sole and exclusive judgement of Wyrmbyte, disrupts the nature of the game, including, but not limited to, harassing, stalking, or threatening other users in the Game, "spamming" global or team chat, or defrauding and "scamming" other players in the Game.
When using the Software, you grant your consent to the following: When running, the Game may monitor your computer's Random Access Memory (RAM) for unauthorized third party programs running concurrently with the Game. An "Unauthorized Third Party Program" as used herein shall be defined as any third party software prohibited by section 2 and 4. In the event that the Game detects an Unauthorized Third Party Program, the Game may (i) communicate information back to Wyrmbyte, including without limitation your Account name, details about the Unauthorized Third Party Program detected, and the time and date; and/or (ii) Exercise any or all of its rights under this agreement, with or without prior notice to the user.
6. Export Controls
The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Patches and Updates
Wyrmbyte may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Wyrmbyte may update the Game remotely, including without limitation the Game residing on your machine, without your knowledge, and you hereby grant to Wyrmbyte your consent to deploy and apply such patches, updates and modifications.
8. Termination of Agreement
This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Wyrmbyte of your intention to terminate. Wyrmbyte may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Wyrmbyte, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer's permanent memory and destroy any and all copies of the Software that may be in your possession.
9. Termination of Game Service
The Game is an "on-line" game that must be played over the internet through a service provided by or on behalf of Wyrmbyte. You acknowledge and agree that Wyrmbyte, in its sole and absolute discretion, may stop providing support for or access to the Game at any time, for any reason or no reason. You also agree that Wyrmbyte may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Game at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Game.
10. INTERRUPTION OF SERVICE
Wyrmbyte reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You hereby consent that the Service may be interrupted for reasons beyond the control of Wyrmbyte, and Wyrmbyte cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Wyrmbyte shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
11. Limitation of Liability, Indemnity
Neither Wyrmbyte nor its parent, subsidiaries or affiliates shall be liable in any way for any loss or damage of any kind arising out of the Game or any use of the Game, including without limitation loss of data, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses. Neither Wyrmbyte nor its parent, subsidiaries or affiliates shall be liable in any way for any loss or damage to accounts, statistics, or user standings, ranks, or profile information stored by the Game and/or the Service. Wyrmbyte shall not be responsible for any interruptions of service, including without limitation ISP disruptions, software or hardware failures, or any other event which way results in a loss of data or disruption of Service. In no event will Wyrmbyte be liable to you for any indirect, incidental, special, exemplary, or consequential damages. In no event shall Wyrmbyte be liable for any damages in excess of any amount you have paid to Wyrmbyte for Game-related transactions, if any, during the six (6) months immediately prior to the time your cause of action arose.You hereby agree to defend, indemnify and hold Wyrmbyte harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Wyrmbyte arising out of or from (a) your use of the Game; and/or (b) your violation of any provision of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not aply to you.
12. Equitable Remedies
You hereby agree that Wyrmbyte would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Wyrmbyte shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Wyrmbyte may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
13. Changes to the Agreement and/or Game
- Wyrmbyte's Rights: Wyrmbyte may create updated versions of this License Agreement (each a "New Agreement") as the Game and the law evolve.
- New Agreements: This Agreement will terminate fifteen (15) days following Wyrmbyte's notice that the Agreement will be revised, and/or the introduction of a New Agreement, whichever occurs first. New Agreements will not be applied retroactively. You will be given the opportunity to review the New Agreement before choosing to accept or reject its terms.
- Acceptance: If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue to play the Game subject to the terms of the New Agreement.
- Rejection: If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use the Game.
- Features: Wyrmbyte may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
As a condition for playing the Game, you hereby consent to the personal jurisdiction of the competent courts of the City and County of Denver, State of Colorado, and the Federal Courts located in the State of Colorado for any legal or equitable proceeding arising out of or in connection with the Game. You also agree that the Game, and relationship between the parties, shall be governed by, construed and enforced in accordance with the internal laws of the state of Colorado, without giving effect to principles and provisions thereof relating to conflict or choice of laws and irrespective of the fact that any one of the parties is now or may become a resident of a different state. If any legal or equitable action arises relating to the Website, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees.
The application of the United Nations Convention on Contracts for the International Sale of Goods to this EULA is expressly excluded.If you are a (1) Canadian resident who has (2) purchased a license to a Game in Canada, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this EULA only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this EULA shall be given their maximum effect.
Users who access the Service from outside of the United States and Canada, are responsible for compliance with all applicable local laws.YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.