TURBINE, INC.

ONLINE SERVICES END USER LICENSE AGREEMENT

En français:  http://www.ddo.com/support/policies/eulaf

Be sure to read and understand all of the rights and restrictions described in the current Online Services End User License Agreement (“EULA”) for the multiplayer online game known as DUNGEONS & DRAGONS ONLINE™: Stormreach™ (the “Game”).  You cannot use, access or play the Game unless or until you accept the terms of the current EULA.

This EULA is a legal agreement between the individual end user customer (“you”) and Turbine, Inc. (“Turbine,” “we” or “us”), a corporation organized under the laws of the State of Delaware, United States of America with its principal offices at 60 Glacier Drive, Suite 4000, Westwood, MA 02090, U.S.A., to permit you to remotely access the Game server software and related online virtual world (the “Server”) and play the Game.  The Game includes patches, updates and supplements, if any, to the Server and/or the original client software installed on your personal computer (the “Client”) which we may from time to time provide or make available to you in our sole and absolute discretion.  The Client and Server, including any such patches, updates and supplements, are sometimes referred to in this Agreement and the Code of Conduct as the “Software.”  By pressing the “Accept” button or installing, accessing the Server or playing the Game, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, you may not access the Server or play the Game.  A copy of this EULA may be obtained from http://www.ddo.com/support/policies/eula.

The Server is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The Server is licensed to you, not sold, pursuant to the terms and conditions of this EULA and the other documents referenced herein.

1.	To play the Game, you must have (a) the Client which must be separately purchased and installed on your personal computer (which must conform to the minimum specification requirements determined by Turbine); (b) a fully paid online service subscription for access to the Server (or authorized free trial access) through Turbine or our authorized distributors or service providers; and (c) a suitable connection to the Internet (not provided by Turbine) to connect to the Server.  You are responsible for all charges and costs you incur in order to access the Server and play the Game, including, without limitation, the subscription fees and charges for Internet and telecommunications connections. 

2.	Upon payment of the applicable license fees and online fees, this EULA grants you a non-exclusive, non-transferable, revocable license solely to use the Server to play the Game, subject to the terms and conditions of this EULA, the Code of Conduct (which is provided below) and the Terms of Service (including the online subscription and payment terms) which is posted at http://www.ddo.com/support/policies/tos.  You may not reverse engineer, decompile or disassemble any part of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, in which case you agree to keep the results of any such permitted reverse engineering confidential and not to use them except for the purpose of obtaining interoperability.  All rights not expressly granted are reserved by us.

3.	We reserve the right to transfer or cease the operation of the Game at any time or to terminate your license to the Server and/or your access to the Game at any time, without notice or refund, for any reason whatsoever, including without limitation, as a result of your breach of this EULA, the Code of Conduct, or the Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if we discontinue offering the Game.  

4.	Turbine may amend this EULA, including the Terms of Service and the Code of Conduct, at any time in its sole discretion.  Such amendments shall be effective upon your first use of the Server or the Game after Turbine makes them available for your review.  Accordingly, we recommend that you review these terms and the Terms of Service and Code of Conduct periodically.

5.	To access the Game, you will be required to choose names for the characters you develop.  Your character name may not be contrary to the Code of Conduct or Terms of Service and may not violate anyone’s rights.  Certain character names may be banned by Turbine (or its licensees or licensors) from time to time.  You acknowledge and agree that Turbine has the right to post and display your character name(s) within the Game and/or on Game-related websites and bulletin boards in the event your access to the Game is suspended or terminated for a violation of this EULA, the Terms of Service or the Code of Conduct.  Further, you acknowledge and agree that Turbine has the right, without any compensation or credit to you, to use your character names and descriptions of your in-game activities in our marketing and publicity efforts, including but not limited to describing on Game-related websites your character’s adventures and experiences. 

6.	As part of your Game experience, you can input language and upload content to our Servers in various forms, such as in the selections you make for playing the Game (for example, character names, in-game (text or voice) conversations, broadcast announcements, etc.) and in chat channels (text or voice) and similar areas which allow you to communicate with others and create and modify characters, character names, game play and the like (collectively, the “Content”).  Content created by you must not: (a) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any person; (b) be profane, obscene, indecent or violate any law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or (f) restrict or inhibit any other user from using and enjoying the Game.  We have no obligation to monitor player Content related to the Game and disclaim all liability with respect thereto.  However, we reserve the right to review the Content and take any action we deem necessary as to such Content, including but not limited to editing or removing the Content and/or suspending or terminating your access to the Game.  If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Turbine, in perpetuity to the extent permitted by applicable laws or for the duration of the legal protection afforded to the Content, and for all territories, all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, including, without limitation, the right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form and format, and in and on whatever medium, all inventions, designs, and marks embodied therein, and/or to incorporate the same in other works in any form, media, or technology now known or later developed.  In the alternative, to the extent such assignment is ineffective under applicable law, you hereby grant to Turbine, its successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and/or use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto and/or to incorporate the same in other works in any form, media, or technology now known or later developed.  To the extent permitted under applicable laws, you hereby waive any moral rights you may have in any and all Content.  In furtherance of the foregoing, you hereby agree to execute any and all agreements or other written instruments which may be required by applicable law to give full effect to the above assignment, license or waiver, as may be applicable.

7.	Except as expressly permitted by Turbine by written notice (and in such event in accordance with Turbine’s specified restrictions and guidelines), you may not use any third-party software to change game play in the Game.  The Game may be played only through authorized Servers maintained by Turbine or its subcontractors.  You may not create or provide any other means through which the Game may be played by others, as through server emulators (which contain unauthorized copies of the Server).  You may not take any action which imposes an unreasonable or disproportionately large load on our servers or other infrastructure.  

8.	All right, title, and interest, including, copyrights and other intellectual property rights in and to the Game (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Game by us or our suppliers and character data), the accompanying printed materials, and any copies and derivative works thereof, are owned by us or our licensors.  If we provide you documentation only in electronic form, you may print one copy of such electronic documentation.  Except as expressly permitted by Turbine by written notice (and in such event in accordance with Turbine’s specified restrictions and guidelines), you may not buy, sell, or auction (or offer, host, or facilitate the ability of others, to buy, sell, or auction), share, or otherwise commercially exploit, the Software or any part of the Game, account, password, characters, housing, items, credits, currency or coin or any other virtual in-game items and/or copyrighted, trademarked or patented material contained in or generated by the Game.  

9.	You agree that we may communicate with you via the email address you provided in obtaining your subscriber account regarding any subject related to the Game (or any updates, expansion packs or sequels of the Game), this EULA and/or related agreements.  In order to provide you with patches and updates to the Software, you agree that we may upload necessary information from your computer and computing devices, and may download the patches and updates onto your computer and computing devices.  If you request any technical support from us, and we need to look at the contents of your computer or computing devices to help you, you agree to allow such access to your computer and computing devices.  You understand that we may release updates, expansion packs, and sequels of the Game at any time without incurring any obligation to furnish such releases to you pursuant to this EULA.   This EULA does not entitle you to any subsequent releases of the Game without paying applicable charges.

10.	  We caution you against giving out personally identifiable information (such as social security or social insurance numbers, credit or debit card numbers, names and addresses, telephone numbers, driver’s license numbers) to others online, as this information may be used for illegal or harmful purposes.  You agree that Turbine (or its designees) may collect personal information from you for purposes related to your use of Turbine products and services and that some personal information you provide to Turbine (or its designee) may be stored outside of the country in which you reside.  To read Turbine’s Privacy Policy which forms part of this agreement, please go to http://www.ddo.com/support/policies/privacy.  In certain jurisdictions in which local law may be required to apply, some of the information collected by Turbine (or its designee) may be considered personal information, and entitle you to the right to object to its collection, and to a right to access and correct the collected information pertaining to you.  Notwithstanding anything to the contrary, we reserve the right to disclose any personal information about you or your use of the Game, including your Content, without your prior permission if we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend the rights or property of Turbine or its affiliated companies, licensors or licensees; (c) enforce this EULA; (d) act to protect the interests of other Game players or others; or (e) as permitted by applicable law.  Our performance of this EULA is subject to existing laws and legal process, and nothing contained in this EULA is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Game or information provided to or gathered by us with respect to such use.

11.	DISCLAIMER OF WARRANTY.  The Server and the Game is made available to you under this EULA on an “AS IS” basis with no warranty of any kind.

12.	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURBINE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.	TURBINE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVER OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS THE SERVER OR THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SOFTWARE TWARE OR THE GAME WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

14.	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TURBINE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS), INCLUDING, WITHOUT LIMITATION, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE GAME OR THE PROVISION OF OR FAILURE OR DELAY TO PROVIDE SERVER ACCESS OR RELATED SUPPORT SERVICES, EVEN IF TURBINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, TURBINE’S (AND ITS LICENSORS’ AND SUPPLIERS’) ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE FEE FOR ONE MONTH OF ACCESS TO THE SERVER.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15.	This EULA is governed by the laws of The Commonwealth of Massachusetts and the parties consent to exclusive jurisdiction and venue in the federal courts sitting in Suffolk County, Massachusetts, unless no federal subject matter jurisdiction exists, in which case the parties consent to exclusive jurisdiction and venue in the state courts sitting in Suffolk County, Massachusetts.  

16.	You agree to indemnify and hold Turbine harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Server or the Game.  

17.	This EULA, including the documents expressly incorporated by reference, and all updates to the same constitute the entire agreement between you and Turbine with respect to the Server and the Game, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Turbine with respect to the Server and the Game.  You represent that you have not relied on any such communications in choosing to enter into this EULA.  A printed version of this EULA and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

18.	Turbine’s failure to enforce at any time any of the provisions of this EULA or related agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.  The express waiver by Turbine of any provision, condition or requirement of this EULA or related agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Notwithstanding anything else in this EULA, no default, delay or failure to perform on the part of Turbine shall be considered a breach of this EULA if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Turbine.  

19.	All notices given by you or required under this EULA shall be in writing and addressed to:  Turbine, Inc., 60 Glacier Drive, Suite 4000, Westwood, MA 02090, Attn: General Counsel.

20.	If any part of this EULA 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 this EULA shall continue in effect.  

21. 	We may assign this EULA, in whole or in part, at any time with or without notice to you.  You may not assign, transfer or sublicense this EULA or any of your rights hereunder.  

22.	All services relating to the Game for which you subscribe are offered by Turbine or its subcontractors.  Our support website is http://www.ddo.com/support.  Current rates for using the Game, including online service subscription for access to the Server, may be obtained from http://www.ddo.com/pricing, and such rates are subject to change at any time.  If you are a California resident, you may have this same information emailed to you by sending a letter to Turbine at 60 Glacier Drive, Suite 4000, Westwood, MA 02090 (Attention:  Customer Service) with your email address and a request for this information. 

23.	Warning concerning the risks of epileptic seizures and the precautions to take when using a video game. Certain individuals may experience epileptic seizures or loss of consciousness when viewing certain kinds of flashing lights or patterns that are commonly present in our daily environment. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. This may be experienced by persons who have no adverse antecedent medical history or which have never experienced seizures in the past. If you have experienced symptoms linked to an epileptic condition (seizure or loss of awareness) in the presence of light stimulations, consult your physician before using any video games.  In any case, the following rules should be complied with when using a video game: (i) avoid playing if you are tired or if you lack sleep; (ii) ensure that you are playing in a well lit room; and (iii) when playing, take ten to fifteen minute breaks every hour.

24.	The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.  If you prefer, a French version of this EULA is available at http://www.ddo.com/support/policies/eulaf.  Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relative à cette entente, soient rédigées en langue anglaise.  Si vous le préférez, une version de cette entente en langue française est disponible à http://www.ddo.com/support/policies/eulaf.

CODE OF CONDUCT

The Code of Conduct governs player behavior while playing DUNGEONS & DRAGONS ONLINE™: Stormreach™ (the “Game”) and participating on the Game Website http://www.ddo.com.  The Code of Conduct is designed to make everyone’s game experience as enjoyable as possible.  Failure to follow the Code of Conduct may result in the suspension or termination of your DUNGEONS & DRAGONS ONLINE: Stormreach account without refund.

1.	While participating in the Game you must respect the rights of others to play and enjoy the game world as intended by Turbine, Inc. (“Turbine”).

2.	You may not communicate any player’s real-world information through the use of the official game Website, game client or server software or any other means.

3.	You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions).  

4.	You may not distribute or spotlight sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive content.  

5.	While playing the game or participating in the Game, you may not exhibit or partake in behavior that is disruptive to the game’s normal playability, causes grief or alarm to other players, or degrades the service performance or other players’ client software (for example, deliberately using game bugs or loopholes to disrupt the game or dropping excessive items or summoning excessive portals).

6.	You may not spam or flood with multiple posts the game chat or the official Website features.

7.	You may not impersonate any DUNGEONS & DRAGONS ONLINE: Stormreach Support Staff member or other Turbine employee, past or present.

8.	You may not violate any local, state, national, or international laws or regulations.

9.	You may not market, promote, advertise, or solicit products or services within the Game or Website.

10.	You may not modify the game client, server or any part of the official Game Website.

11.	You may not advertise the intent to, or commit the act of, unauthorized selling, buying, transferring or sharing access to any Game account.

12.	You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling or buying of game items for real-world monetary values or other consideration.

13.	While participating in the Game, both in-game and through the official Website, you will follow the instructions of authorized personnel at all times.

14.	You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.

15.	You may not intentionally hide or falsify personal information that is deemed necessary for Game account creation.

16.	You may not upload or transmit copyrighted material to any aspect of the Game without the express consent of the copyright holder.

17.	You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Game.

18.	You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage within the Game world.  You may report bugs at ddobugs@turbine.com.

19.	You may not create, post, use or distribute any utilities, emulators or other third party software tools without the express written permission of Turbine (including, without limitation, macroing programs, botting programs, UI modifications, server emulators, client hacks, map hacks, and data gathering utilities).

20.	You may not harass other players or Turbine staff, including by way of example, but not limited to, threats, stalking or abuse of others.

21.	 You may not post Website links or URLs in the game that point to content deemed by Turbine to be inappropriate, including, without limitation, any Website links or URLs directed to other commercial products or services.  You may not post Website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players’ computers or would allow others to inappropriately access software or websites.  Turbine does not allow the posting of destructive software, use of computer programs that contain destructive features, or access to any content such as viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication.

22.	You may not use the Game and/or services for illegal activities.  Turbine is not responsible for anything you say (text or voice) in-game or on our chat rooms or forums, or for any consequences that arise from what you say.  If you break the law, you alone will be responsible for the consequences.

23. 	Although the Game is a role-playing game, you may not claim “role-playing” in defense of any violation of the Code of Conduct.  

Note: Turbine has final say over what constitutes a violation of this Code of Conduct.  Turbine reserves the right to change the Code of Conduct at any time.  Check the Game website http://www.ddo.com periodically for updates to the Code of Conduct. 
Remedies to inappropriate behavior:
A player who violates the Code of Conduct may be warned by Turbine staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning.  In addition, Turbine reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations.
Chat in the Game website may be logged and may be reviewed at any time to assist in making decisions regarding violations of the Code of Conduct.  This includes, but is not limited to, private chat, fellowship chat and allegiance chat.

If you understand the terms of the End User License Agreement and the Code of Conduct and these terms are acceptable, please indicate your agreement and your intent to be legally bound by them by affirmatively accepting the terms where indicated.