PLEASE READ THE FOLLOWING LEGAL DOCUMENTS CAREFULLY.
If you have any questions regarding this EULA, or any supplemental terms, please [contact us].
i. End User License Agreement
1. Grant of a Limited Use License
By agreeing to this Agreement, you may install the game client software (hereafter referred to as the "Game Client") onto your machine for purposes of playing TERA, and may register for and access an account with the Service (the "Account"). Subject to your agreement to and continuing compliance with this Agreement, En Masse hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on a machine owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. You hereby agree that all use of the Game Client is subject to this Agreement and to the Terms of Service.
2. Additional Limitations
The license granted to you in Section 1 is subject to the terms and conditions of this EULA and any supplemental terms including the Terms of Service. You hereby agree that any use of TERA in violation of any of the limitations set forth in Sections 1 and 2 will be regarded as an infringement of En Masse's rights in and to TERA, including but not limited to copyrights. You agree that you will not, under any circumstances:
A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on TERA; provided, however, that you may make one (1) copy of the Game Client and the manuals for backup or archival purposes only;
B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of TERA;
C. exploit TERA or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of En Masse; (b) for gathering in-game currency, items or resources for sale outside the game of TERA; (c) performing in-game services in exchange for payment outside the game of TERA, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;
D. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through TERA or the service, including without limitation any software that reads areas of RAM used by En Masse for TERA to store information about a character or the game environment; provided, however, that En Masse may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
E. access TERA from any Internet protocol addresses, computers or proxies that En Masse may prohibit in its sole and absolute discretion;
F. modify or cause to be modified any files that are a part of the Game Clientof TERA in any way not expressly authorized by En Masse;
G. host, provide or develop matchmaking services for TERA, or intercept, emulate or redirect the communication protocols used by En Masse in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
H. facilitate, create or maintain any unauthorized connection to TERA or relatedservices, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by En Masse;
I. sell, grant a security interest in or transfer reproductions of any part of TERA to other parties in any way not expressly authorized herein, or rent, lease or license any party of TERA to others;
J. sell, transfer or assign any Account, or any items incorporated into or part of TERA, including but not limited to any characters; or
K. infringe a third party’s intellectual property or other rights, or violate any law or regulation applicable to you.
3. Separately Licensed Software
TERA may contain third party software and/or content which are licensed to you pursuant to a separate agreement (the "Separately Licensed Software"). You agree that En Masse may install the Separately Licensed Software onto your machine during the Game Client installation process. You agree that you will not copy, reverse engineer, derive source code from, modify, disassemble, or decompile any Separately Licensed Software, create any derivative works based on any Separately Licensed Software, or infringe or misappropriate any intellectual property or other rights embodied in any Separately Licensed Software. You also agree that you will not access or use any Separately Licensed Software until and unless you agree with the end user license agreements provided by the licensors of such Separately Licensed Software. The terms of each such end user license agreement will replace and supersede this Agreement, but only with regard to the applicable Separately Licensed Software referenced in such agreement. For the avoidance of doubt, if any third party software and/or content contained in TERA is deemed not covered by a separate end user license agreement, then it is governed by the terms and conditions of this EULA.
4. Limited Warranty and Disclaimer
TERA AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EN MASSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, En Masse does not ensure continuous, error-free, secure or virus-free operation of TERA or your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or from country to country.
5. Limitation of Liability
NEITHER EN MASSE ENTERTAINMENT, INC. NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE TERA AND RELATED SOFTWARE AND SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. YOU AGREE THAT EN MASSE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS, ALL LIABILITY FOR NON-CONTRACT CLAIMS, WHETHER BASED ON NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE. IN NO EVENT WILL EN MASSE BE LIABLE FOR SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO EN MASSE IN ADVANCE OR COULD REASONABLY HAVE BEEN FORESEEN BY EN MASSE.
ii. En Masse may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if En Masse believes that doing so may protect your safety or the safety of others;
iii. you are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to TERA;
iv. you are wholly responsible for the information you decide to disclose to others, including without limitation your real name; En Masse does not encourage users to disclose their personal information to others.
7. Equitable Remedy
8. Dispute Resolution and Governing Law
If a dispute arises between you and EN MASSE, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and EN MASSE agree to resolve any claim or controversy at law or in equity that arises from or relates to thisLegal Agreement or our service (a "Claim") in accordance with one of the subsections below.
(a) The Legal Agreement and the relationship between you and EN MASSE shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
(b) You and EN MASSE agree to submit to the exclusive jurisdiction and venue of the courts located in Seattle, Washington, except as provided in subsection 15(c) below regarding optional arbitration. Notwithstanding this, you agree that EN MASSE shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) All Claims you bring against EN MASSE must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, EN MASSE may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that EN MASSE has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
9. Force Majeure
En Masse is not liable for any failure to perform its obligations if such failure results from Acts of Gods (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster), wars, acts of terror, riots, government sanctions, embargos, accidents, labor disputes, strikes, interruption of or failure to receive materials, energy, electricity or Internet service, or any other thing beyond En Masse’s reasonable control.
10. Export Control
TERA and any part of TERA 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.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 2, and4-11, shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Agreement shall be given full force and effect.
ii. Terms of Service
1. Ownership and Grant of Use
The entire contents of TERA, including without limitation all information, material, trademarks, software, video, photographs, graphics, text, music and sound, are owned or licensed by En Masse under applicable laws. En Masse owns rights in the selection, coordination, arrangement and enhancement of such content.
You may not transmit, participate in the transfer or sale, create derivative works from, modify, publish, or in any way exploit, any of the content contained on TERA (including, without limitation, any content that TERA enables you to download) without the express written permission of En Masse and any other applicable owner. In the event of any permitted copying, redistribution or publication of any content, no changes in or deletion of any author attribution, trademark, or copyright notice may be made. The downloading of content from TERA is allowed by you only for your personal use.
You acknowledge that En Masse and/or third-party content providers remain the owners of all content on TERA, and that you do not acquire any ownership rights by downloading any content.
As long as you comply with this Terms of Service and it has not been terminated, En Masse grants you a personal, non-commercial, non-exclusive, non-transferable, limited right to enter, use, perform and display TERA and its contents.
2. User Content
TERA incorporates certain communication features such as forums, message boards, chat, messenger-type features, and email that may be provided to registered and unregistered users (collectively, "TERA Communication Features"). You acknowledge that by using TERA Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form ("User Content") that you might find objectionable.
EN MASSE DOES NOT TOTALLY CONTROL USER CONTENT AND DOES NOT GUARANTEE ITS ACCURACY, INTEGRITY OR QUALITY. You understand that any User Content sent through or appearing on TERA Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not En Masse, are entirely responsible for all User Content that you transmit. Under no circumstances will En Masse be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing on any TERA Communication Features.
En Masse has no obligation to monitor or supervise TERA Communication Features and/or User Content, and expressly disclaims any representation that we will monitor or supervise such features and/or User Content. However, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, block or remove any User Content, in whole or in part, sent through or appearing on any TERA Communication Feature and you have no expectation of privacy in any content in any of the TERA Communication Features. Without limiting the foregoing, En Masse and its designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Terms of Service, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that TERA Communication Features are forums for public and not private communications. YOU AGREE TO INDEMNIFY AND HOLD EN MASSE AND ITS DESIGNEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Any and all User Content submitted to En Masse shall be deemed, and shall remain, the property of En Masse from the moment such User Content is created. En Masse shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to En Masse, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content to En Masse, you agree that En Masse shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the User Content. You also give up any claim that any use by En Masse of any User Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case such parent or guardian will take full responsibility for all obligations under this Terms of Service. You represent that you are at least eighteen (18) years of age and are either accepting this Terms of Service on behalf of yourself or on behalf of your minor child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit your minor child to use the Account. You are liable for all activities conducted through the Account.
The Children's Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. TERA is not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to En Masse.
4. Establishing an Account and Access to TERA
A. TERA is an on-line game that must be played over the Internet through the Service as provided by En Masse, and you are wholly responsible for acquiring and paying for your own Internet access along with all necessary equipment, servicing, repair or correction incurred in maintaining the use of TERA and the related services.
B. A TERA account ("Account") may be required to access certain features of TERA, including TERA Communications Features. If you have questions about Account registration, please [contact us].
To create an Account, you must provide your name, date of birth, mailing address and valid email address. You must provide truthful and accurate information. Accounts are available only to adults, or, in their discretion, their minor child, as described in Section 5.
During the registration process, you may be required to provide your login ID (your verifiable email address) and a password (collectively referred to as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify En Masse by emailing to us. You are solely responsible for all activity on your Account. You should not reveal your Account password to others. En Masse will not ask you to reveal your password.
C. Username. In addition to your Login Information, you may be required to select a unique username for use with TERA Communication Features. Your username can be seen by others.
Therefore, if En Masse finds a username to be offensive or improper, it may, in its sole and absolute discretion, change or ask you to change the username, block such user registration, remove the username from all aspects of TERA, and/or suspend or terminate your Account. In particular, you may not use the name of another person, or a name which infringes a third party's trademark, copyright, or other proprietary right. You may not use a name which may mislead others to believe you to be an employee of En Masse, or which En Masse deems at its sole discretion to be vulgar or otherwise offensive. En Masse reserves the right, but not the obligation, in its sole and absolute discretion, to delete or alter any username, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF EN MASSE. En Masse does not recognize the transfer of Accounts or any items incorporated into or part of TERA, including without limitation any characters. You may not purchase, sell, gift, trade, or offer to purchase, sell, gift or trade, any Account or any items incorporated into or part of TERA, and any such attempt shall be null and void.
5. Rules of Conduct
Please refer to www.tera.enmasse.com/rules-of-conduct.
6. Consent to Use of Data and Public Display
For purposes that En Masse deems necessary, including but not limited to facilitating technical protection measures or providing software updates, content, support and other services to you, you agree that En Masse or its agents may collect, use, store and transmit technical and related information that identifies your machine (including an Internet protocol address and machine ID), operating system, application software, and peripheral hardware. You agree En Masse and its agents may also use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with third parties.
7. Service Interruptions and Changes to TERA
En Masse reserves the right to interrupt all or any aspect of TERA from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that En Masse will not be liable for any interruption of TERA, delay or failure to perform resulting from any causes whatsoever. You acknowledge that TERA may be interrupted for reasons beyond the control of En Masse, and En Masse cannot guarantee that you will be able to access TERA or your Account whenever you may wish to do so. En Masse has the right at any time for any reason or no reason to change and/or eliminate any aspect of TERA as it sees fit in its sole discretion.
8. Patches and Updates
From time to time in its sole discretion, En Masse may deploy or provide patches, updates and modifications to TERA that must be installed for you to continue to play TERA. En Masse may update TERA remotely including without limitation the Game Client residing on your machine, without your knowledge and you hereby grant En Masse your consent to deploy and supply such patches, updates and modifications.
9. Termination and Suspension
You or En Masse may terminate this Terms of Service and your Account at any time. You may terminate this Terms of Service at any time by terminating all your Accounts registered in TERA. En Masse can terminate this Terms of Service by asking you to stop using TERA, and, at En Masse's sole and absolute discretion, by preventing your access to TERA and/or your Account. Upon termination of this Terms of Service, you will have no further rights to use TERA or its services. Your only right and remedy with respect to any dissatisfaction with TERA is to terminate this Terms of Service and your Account and to cease using any services available through TERA, including TERA Communication Features. You acknowledge and agree that you are not entitled to any refund for any amounts that you paid before the termination. Without limiting the foregoing, En Masse shall have the right to terminate this Terms of Service with you, effective immediately, and/or terminate or temporarily suspend your access to your Account and/or all or any part of TERA, without notice, in the event of any conduct by you which En Masse, in its sole and absolute discretion, considers to be unacceptable, or for conduct that En Masse believes is a violation of the terms and conditions contained herein or any other policies of En Masse, or for other conduct which En Masse believes, in its sole and absolute discretion, is harmful to En Masse, other TERA users, or third parties. En Masse reserves the right to deny any account registration and to deny access to TERA to any individual.
The provisions of Sections 1, 2, 6, 9, 10 and 11 shall survive any termination of this Terms of Service.
10. Changes to Terms of Service
En Masse reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Terms of Service at any time, including without limitation access policies, the availability of any feature of TERA, hours of availability, content, data, software or equipment needed to access TERA, effective with or without prior notice; provided, however, that En Masse intends to disclose material changes (as determined in En Masse's sole and absolute discretion) to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, or pop-up screen. If you cannot comply with changes to this Terms of Service, or such changes are unacceptable to you, you must not use or access TERA and your Account. Continuing to access or use TERA following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. En Masse may change, modify, suspend, or discontinue any aspect of TERA at any time. En Masse may also impose limits on certain features or restrict your access to parts or all of TERA without notice or liability. If you do not agree to any new terms, or to any of the terms in this Terms of Service, your only remedy is to not access or use TERA and to cancel your Account.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE END USER LICENSE AGREEMENT AND TERMS OF SERVICE AND AGREE THAT YOUR USE OF THE SERVICE IS BOUND BY THE TERMS AND CONDITIONS ABOVE.