THIS END USER ACCESS AND LICENSE AGREEMENT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THIS AGREEMENT ("EUALA"), DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH MYTHIC ENTERTAINMENT, INC. ("MYTHIC," or "WE" or "OUR") OFFERS THE USER ("YOU") THE FOLLOWING COMPUTER INFORMATION SERVICES: AN ACCOUNT ALLOWING YOU TO ACCESS, VIA THE INTERNET, AN INFORMATION PROCESSING SYSTEM BY WHICH MYTHIC CREATES, GENERATES, STORES, DISPLAYS AND PROCESSES ELECTRONIC INFORMATION FIXED ON MYTHICÆS COMPUTER FILE SERVERS COMPRISING MYTHICÆS PROPRIETARY DARK AGE OF CAMELOT(TM)ONLINE ROLE PLAYING GAME (THE "GAME"), AND CERTAIN RIGHTS TO EXCHANGE INFORMATION WITH MYTHICÆS SYSTEM, AND TO USE, SUCH INFORMATION. IN ADDITION, THIS EUALA SETS FORTH THE TERMS AND CONDITIONS ON WHICH MYTHIC OFFERS YOU A LICENSE TO USE THE GAME INTERFACE SOFTWARE CREATED BY MYTHIC TO ENABLE INTERACTION WITH MYTHICÆS SYSTEM. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS EUALA SHALL APPLY EACH AND EVERY TIME YOU ACCESS MYTHICÆS SYSTEM OR PLAY THE GAME.
BY PRESSING THE "I ACCEPT" BUTTON, AND CONFIRMING YOUR ACCEPTANCE BY PRESSING THE "CONFIRMED" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW AS THE SAME MAY BE AMENDED FROM TIME TO TIME. BY PRESSING THE "I DECLINE" BUTTON AT THE TIME OF INITIAL INSTALLATION, YOU DECLINE OUR OFFER, IN WHICH CASE, IF YOU ARE THE ORIGINAL PURCHASER OF THE GAME CD-ROM SOFTWARE, YOU SHOULD CONTACT YOUR RETAILER FOR A REFUND, CONSISTENT WITH THE RETAILERÆS RETURN POLICY. MYTHIC DOES NOT MANUFACTURE NOR DISTRIBUTE THE BOX VERSION OF THE GAME. IN NO EVENT WILL YOU BE ENTITLED TO ANY REFUND OF SUBSCRIPTION FEES IN THE EVENT THAT YOU CHOOSE THE "I DECLINE" BUTTON DURING INITIAL INSTALLATION.
In the event you choose not to accept the EUALA or by technical means bypass/disable the "I ACCEPT" and/or "CONFIRMED" buttons, then by installing, copying, downloading, accessing or otherwise using the Game, you agree to be bound by the terms of the EUALA. Also, each and every time you access an Account, play, or enter or reenter the Game, you shall accept the terms and conditions of the EUALA then in effect. If you have any questions regarding these terms and conditions, please contact customer service at support@darkageofcamelot.com.
A COPY OF THE EUALA IN EFFECT ON THE DATE OF PURCHASE MAY BE FOUND ON THE GAME CD-ROM UNDER THE DOCUMENTÆS NAME "DAOC_EUALA.TXT". THE THEN-CURRENT VERSION OF THIS EUALA CAN BE FOUND ON MYTHICÆS WEB SITE AT http://support.darkageofcamelot.com SHOULD YOU WISH TO CONSULT IT IN THE FUTURE. YOU ARE ENCOURAGED TO FREQUENTLY REVIEW THE EUALA FOR CHANGES, AND TO PRINT AND STORE IT FOR FUTURE REFERENCE. YOU AGREE TO ACCEPT THE RESPONSIBILITY FOR THOROUGHLY REVIEWING THE EUALA WHEN YOU FIRST ESTABLISH AN ACCOUNT AND EACH TIME YOU ARE PROMPTED TO DO SO BY THE GAME. SEE THE SECTION BELOW CONCERNING MODIFICATIONS AND AMENDMENTS TO THE EUALA. IN THE EVENT THAT A CHANGE HAS BEEN MADE TO THE EUALA BETWEEN THE TIME THE BOX VERSION IS SHIPPED AND THE FIRST TIME YOU LOG ON TO ESTABLISH AN ACCOUNT, YOU WILL BE PROVIDED AN OPPORTUNITY TO VIEW THE THEN-CURRENT VERSION OF THE EUALA AT THAT TIME.
1. ACCOUNT AND ACCESS TO SYSTEM
A. Registration and Requirements for Access to System and Game Play
The EUALA permits you to establish, by completing the registration process, one (1) account per Game CD-ROM purchase ("Account"), and to access through a valid, authorized Account by means of an Internet connection (which Mythic does not provide) MythicÆs Game information processing system by which Mythic creates, generates, stores, displays and processes electronic information fixed on MythicÆs file servers comprising MythicÆs proprietary Game (the "System").
To play the Game, you must (a) purchase the Dark Age of Camelot(TM) game CD-ROM (the "CD-ROM"), which entitles you to set up an Account on MythicÆs Game System, to play the Game for a period of 30 thirty days (the "Trial Period") upon establishment of an Account, and which includes interface software required for the Game (the "Software"); (b) have a fully-paid Account or Trial Period; and (c) have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account.
B. Eligibility to Establish Account Limited to Natural Persons; Shared and Commercial Use Prohibited; Responsibility for Use of Account
Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child.
If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case he/she/they will take full responsibility for all obligations under this Agreement. BY CLICKING THE "I ACCEPT" AND "CONFIRMED" BUTTONS, AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THIS AGREEMENT ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF.
You shall not share your Account with anyone, or allow anyone else other than you personally to access or use your Account. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited. Access to the System and playing the Game is intended for the entertainment, enjoyment and recreation of individual natural persons, and not as corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other business or other entities that are not a single, individual natural person, are not eligible to establish Accounts, to access the System, or to play the Game, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current EUALA, accessing the System and/or playing the Game for commercial, business, or income-seeking purposes is strictly prohibited. BY CLICKING THE "I ACCEPT" AND "CONFIRMED" BUTTONS, AND PROVIDING US WITH A CREDIT CARD NUMBER, YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, AND PLAY THE GAME, AND THAT YOU ARE NOT ACCESSING THE SYSTEM OR PLAYING THE GAME FOR A PROHIBITED PURPOSE.
You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. Provided, however, that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account), and parents or guardians are liable for the activities of their child.
C. Limit on Number of Accounts Per Credit Card(s)
Without the prior written consent of Mythic, which may be withheld in MythicÆs sole discretion, no person may use, or authorize or permit another to use, a credit card, or any combination of multiple credit cards, issued to such person, to establish and/or maintain more than five (5) Accounts on the System at a time.
D. Passwords, Login Names, and Player Names
Upon registration, you must select a password and a secret word ("Passwords"). You are responsible for maintaining the confidentiality of your Passwords and are responsible for any damage, harm, lost or deleted characters, etc. resulting from your disclosure, or allowing the disclosure of any password or from use by any person of your Passwords to gain access to your Account. IN NO EVENT SHALL MYTHIC ENTERTAINMENT BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT, YOUR CHARACTERS OR THEIR POSSESSIONS IN THE EVENT YOUR PASSWORDS ARE DISCLOSED, NOR IS MYTHIC LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER AND/OR FOR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT, CHARACTERS, AND ANY AND ALL OF THEIR POSSESSIO
