104
105
(“
Limited Warranty
”). To the extent allowed by applicable law, implied warranties on the Disc,
if any, are limited to thirty (30) days. Some jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to you. In addition, in certain
jurisdictions, and to the extent local law is required to apply to this EULA, you may be entitled
to a statutory warranty against hidden defects affecting the medium in which the Software is
embedded. Codemasters’ and its distributors’ and suppliers’ entire liability and your exclusive
remedy for any breach of any express or implied warranty shall be repair or replacement
of the Disc that does not meet the Limited Warranty standards and which is returned to
Codemasters with a copy of your receipt. Instructions for such returns may be found on
http://
www.lotro-europe.com/legal
. This Limited Warranty is void if failure of the Disc has resulted
from accident, abuse, or misapplication. Any replacement Disc will be likewise warranted for a
period of thirty (30) days. The Software is made available to you under this EULA on an “AS-IS”
basis with no warranty of any kind.
13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEMASTERS AND ITS
LICENSORS, DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, 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, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO THE DISC,
SOFTWARE AND THE GAME.
14. NEITHER CODEMASTERS NOR ITS LICENSORS WARRANT THAT ACCESS TO OR USE OF THE
SOFTWARE OR THE SERVER OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT YOU WILL BE ABLE TO ACCESS THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC
AREA, OR THAT THE SOFTWARE OR THE GAME WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY.
15. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
CODEMASTERS OR ITS LICENSORS, DISTRIBUTORS 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 DISC, THE SOFTWARE, THE GAME
OR THE PROVISION OF OR FAILURE OR DELAY TO PROVIDE SERVER ACCESS OR RELATED
SUPPORT SERVICES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, CODEMASTERS’ (AND ITS LICENSORS’, DISTRIBUTORS’
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 5 EUROS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16. IN ADDITION, CODEMASTERS AND ITS LICENSORS AND DISTRIBUTORS DISCLAIM ANY AND
ALL WARRANTIES WITH RESPECT TO THE PRIVACY AND INTEGRITY OF THE COMPUTER
RESOURCES YOU USE TO OPERATE THE SOFTWARE. NEITHER CODEMASTERS NOR ITS
LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY DISRUPTIONS, DELAYS OR
OTHER OMISSIONS IN ANY CONNECTION, DATA EXCHANGE OR OTHER INTERACTION THAT
YOU MAY EXPERIENCE WHEN YOU USE THE SOFTWARE. NEITHER CODEMASTERS NOR ITS
LICENSORS OR DISTRIBUTORS SHALL BE RESPONSIBLE FOR THE CONDUCT OF ANY USERS
OR COMPUTERS THAT CONNECT, EXCHANGE DATA, OR OTHERWISE INTERACT WITH YOU OR
YOUR COMPUTER AS A RESULT OF YOUR USE OF THE SOFTWARE.
17. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply
with all applicable international and national laws that apply to the Software, including the U.S.
Export Administration Regulations, as well as end-user, end-use and destination restrictions
issued by U.S. and other governments.
18. This EULA is governed by the laws of the United States of America and 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 you consent to exclusive jurisdiction and venue in the state courts sitting
in Suffolk County, Massachusetts. If the Software was acquired outside the United States, then
certain provisions of local laws may be required to apply, and in such an event such laws shall
affect this Agreement only to the extent required by such jurisdiction and this Agreement shall
be interpreted to give maximum effect to the terms and conditions hereof. Those who choose
to access the Server from locations outside of the U.S., Canada or the European Union do so
on their own initiative and are responsible for compliance with local laws if and to the extent
local laws are applicable. The UN Convention on Contracts for the International Sale of Goods
is expressly disclaimed.
19. You agree to indemnify and hold Codemasters and its licensors 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 Software or the Game.
20. This EULA, including the documents expressly incorporated by reference, and all updates
to the same constitute the entire agreement between you and Codemasters with respect to
the Software and the Game, and such agreements supersede all prior or contemporaneous
communications, whether electronic, oral or written, between you and Codemasters (or its
licensors) with respect to the Software 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.
21. Codemasters’ 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 Codemasters 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 Codemasters 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 Codemasters.
22. All notices given by you or required under this EULA shall be in writing and addressed to: The
Codemasters Software Company Limited, Lower Farm, Stoneythorpe, Southam, Warwickshire
CV47 2DL, UK Attn: Michael Rowland.
23. 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.
6129 LOTRO FR MAN INN PC UK V10.104-105 104-105
6129 LOTRO FR MAN INN PC UK V10.104-105 104-105
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