102
103
liability with respect thereto. However, we reserve the right to review the Content (including,
without limitation, text and voice chat) 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, fi x, 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 modifi ed 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, fi x, 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 modifi ed 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. You may not use any third-party software to change game play in the Game. The Game may
be played only through authorised Servers maintained by Codemasters or its subcontractors.
You may not create or provide any other means through which the Game may be played
by others, including, without limitation, through server emulators (which emulate or
contain unauthorised 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 and Content (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 Turbine or its licensors. If we provide you documentation only
in electronic form, you may print one copy of such electronic documentation. You may not
copy the printed materials accompanying the Software. Except as expressly permitted by
Codemasters in writing with the consent of Turbine (and in such event in accordance with
Codemasters’ specifi ed restrictions and guidelines), you may not transfer, buy, sell, or auction
(or offer, host, or facilitate the ability of others, to transfer, 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 (including, without
limitation, 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. The Game is designed to enable “peer-to-peer” connections among users and computers
for the purpose of sharing updates to the Software with minimum involvement of centralised
servers. You acknowledge that when the Software is running on your computer this peer-
to-peer system may: (i) utilise the processor and bandwidth of your computer for the
purpose of facilitating the communication and data exchange among users; and (ii) make
certain information about your computer known solely to the extent necessary to establish
connections with other computers in order to update the Software. You consent to the
establishment of such peer-to-peer connections.
11. We caution you against giving out personally identifi able 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 Codemasters (or its designees) may collect personal
information from you for purposes related to your use of Codemasters’ products and services
and that some personal information you provide to Codemasters (or its designees) may be
stored outside of the country in which you reside. To read Codemasters’ Privacy Policy which
forms part of this agreement, please go to
http://www.lotro-europe.com/legal
. In certain
jurisdictions in which local law may be required to apply, some of the information collected by
Codemasters (or its designees) 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 as permitted by applicable law or 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 Codemasters or
its affi liated companies, licensors or licensees; (c) enforce this EULA; or (d) act to protect the
interests of other Game players or others. 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.
12. LIMITED WARRANTY. Codemasters warrants to you that the physical media (e.g. CD-ROM or
DVD) (the “
Disc
”) containing the Client which was purchased by you (if applicable) will be
free from material defects in the media for a period of thirty (30) days from the date of receipt
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