Dungeons & Dragons Insider
USER AGREEMENT AND SOFTWARE LICENSE (“License”)
1. Eligibility. The Software is available only to individuals eighteen (18) years of age and older at the time of installation. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process to create an account with Wizards through the Dungeons & Dragons website (“Account”) and take full responsibility for all obligations under this License. Certain components of the Software may be available only to current subscribers of D&D Insider, and will be subject to all terms associated therewith, located at http://www.wizards.com/default.asp?x=dnd/insider/subscription. You may not transfer, sell or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. YOU ARE LIABLE FOR ALL ACTIVITIES CONDUCTED THROUGH THE ACCOUNT.
By clicking the "I Accept" button, you represent that you are at least eighteen (18) years of age and are either accepting this License on behalf of yourself or on behalf of your child.
2. Grant of License; Intellectual Property Rights. Subject to your compliance with this License, during the license term Wizards grants you a non-exclusive, non-transferable, non-assignable limited license to personally use the Software on one (1) computer which you own or is under your personal control.
Except as provided by this License, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, images, products or services obtained from the Software. The Software is made available solely for use by end users according to the terms of this License. You may not use the intellectual property contained in the Software to create or provide any other means through which others may use the Software, such as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on Wizards’ infrastructure. Wizards may update the Software at any time and in doing so incurs no obligation to furnish such updates.
All title, ownership and intellectual property rights in and to the Software are owned by Wizards or its suppliers. The Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Software is licensed, not sold. All rights are reserved.
4. Copyright and Trademark Notices:
All contents of the Software are ©2008 - 2009 Wizards of the Coast LLC, P.O. Box 707 Renton, WA 98057-0707 USA. All rights reserved.
Dungeons & Dragons, D&D, Dungeons & Dragons Insider, Dungeon, Dragon, Forgotten Realms, Eberron, characters and their distinctive likenesses, and the Software trade dress are trademarks owned by Wizards in the U.S.A. and other countries.
Any rights not expressly granted herein are reserved to Wizards.
5. Feedback. You may provide suggestions, comments or other feedback ("Feedback") to Wizards with respect to the Software. You agree that all Feedback is given voluntarily. Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for or upon Wizards. You will not give Feedback that is subject to license terms that seek to require any Wizards product, technology, service, or documentation incorporating or derived from such Feedback, or any Wizards intellectual property, to be licensed or otherwise shared with any third party. Furthermore, Wizards shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback as it sees fit, without obligation or restriction of any kind based upon intellectual property rights or otherwise.
6. Term and Termination of the License. This License is effective until terminated by either you or Wizards. You may terminate this License at any time by providing Wizards with written notification. Wizards may, at any time and in its sole discretion, terminate your License and/or discontinue the Software without notice. In addition, Wizards may immediately terminate this License and deny you access to the Software if (a) your Account is deactivated for any reason; (b) your subscription to D&D Insider lapses; or (c) you breach this License. Upon termination of the License by either you or Wizards, you will (i) immediately discontinue use of the Software; and (ii) promptly delete all copies of the Software. Upon termination of this License for any reason, all licenses granted herein will immediately terminate.
7. Updates and Patches. Wizards may deploy or provide patches, updates and modifications to the Software that must be installed for the user to continue to use the Software. Wizards may update the Software remotely, including without limitation updating the Software client residing on the user’s machine, without the knowledge or consent of the user, and you grant to Wizards your consent to deploy and apply such patches, updates and modifications to the Software. Notwithstanding the foregoing, Wizards shall have no obligation to provide you with patches, updates or modification to the Software.
8. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, DEFECTS, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
FOR YOUR CONVENIENCE, WIZARDS MAY MAKE AVAILABLE, AS PART OF THE SOFTWARE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WIZARDS DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
9. LIMITATION OF LIABILITY; INDEMNIFICATION. NEITHER WIZARDS, NOR ITS PARENT OR AFFILIATES, LICENSORS OR RELATED ENTITIES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE OR ANY COMPONENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, WIZARDS SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO USER PROFILE INFORMATION STORED BY THE SOFTWARE OR RELATED SERVICE. WIZARDS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WIZARDS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. WIZARDS’ LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO US$5. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WIZARDS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
10. Equitable Remedies. You agree that Wizards would be irreparably damaged if the terms of this License were not specifically enforced, and therefore you agree that Wizards shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License, in addition to such other remedies as Wizards may otherwise have available to it under applicable laws.
11. Technical Difficulties. Wizards does not ensure continuous, error-free, secure, or virus-free operation of the Software. Wizards shall not be liable for any delay or failure to perform resulting from technical difficulties. Wizards cannot and does not promise or ensure that you will be able to access the Software whenever you want, and there may be extended periods of time when you cannot access the Software. Wizards may modify or cancel any element of the Software in its sole discretion at any time without notice.
12. No Unlawful or Prohibited Use. As a condition of your use of the Software, you agree you will not use the Software for any purpose that is unlawful or prohibited by this License. You may not use the Software in any manner that could damage, disable, overburden, or impair any Wizards web site or service (or the network(s) connected to any Wizards web site or service) or interfere with any other party’s use and enjoyment of any Wizards web site or service. You may not attempt to gain unauthorized access to any Wizards web site or service, other registrations, accounts, computer systems, or networks connected to any Wizards web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Wizards web site or service.
13. Modification. This License may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties; provided, however, that Wizards may, at its sole discretion, change, modify, add to, supplement or delete any of the terms and conditions of this License at any time effective upon prior notice as follows. Wizards will post any revised License on the Software website, and may provide such other notice as Wizards may elect in its sole discretion, which may include, without limitation, a pop-up screen. If any future changes to this License are unacceptable to you or cause you to no longer be in compliance with this License, you must terminate this License pursuant to Section 6. The continued use of the Software by you following notice of changes to this License will mean you accept any and all such changes. Wizards may change, modify, suspend, or discontinue any aspect of the Software at any time. Wizards may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. You have no interest, monetary or otherwise, in any feature, component, content or availability of the Software.
14. No Assignment. This License is personal to you, and may not be assigned.
15. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Wizards of the Coast, Inc., PO Box 707, Renton, Washington 98057. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the components or other underlying information or technology of the Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls. By using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such foregoing country or on any such list.
16. General. This License will be deemed to have been made and executed in the State of Washington. This License is governed by the laws of the State of Washington, U.S.A. You irrevocably consent to the exclusive jurisdiction and venue of the courts in King County, Washington, U.S.A. for all disputes arising out of or relating to this License. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this License. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the License shall continue in effect. A printed version of this License and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any and all terms and conditions of this License which should by their nature survive termination of this License will survive the termination of this License.
You acknowledge that you have read and understand the foregoing License and agree that the action of installing, downloading and/or using the Software is an acknowledgment of your agreement to be bound by the terms and conditions of this License.