End-User License Agreement

PLEASE READ THE FOLLOWING LEGAL DOCUMENTS CAREFULLY.

WHEN YOU USE EN MASSE ENTERTAINMENT, INC.’S WEBSITE AND RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE END USER LICENSE AGREEMENT, THE TERMS OF SERVICE, THE RULES OF CONDUCT, THE PRIVACY POLICY AND ANY OTHER SUPPLEMENTAL AGREEMENTS AND POLICIES OF EN MASSE ENTERTAINMENT, INC. THE END USER LICNESE AGREEMENT, TERMS OF SERVICE, PRIVACY POLICY AND ANY OTHER SUPPLEMENTAL AGREEMENTS OF EN MASSE ENTERTAINMENT, INC. MAY BE AMENDED FROM TIME TO TIME AT OUR SOLE DISCRETION.

The plain English version below is intended solely to help you better understand our EULA and TOS. Only the official version will apply should any discrepancy arise between the official version and the plain English version.

If you have any questions regarding this EULA, or any supplemental terms, please contact us.

Official Legally-Binding Stuff Plain English

1. Grant of a Limited Use License

By agreeing to this Agreement, you may install the game client software (hereafter referred to as the “Game Client”) onto your machine for purposes of playing TERA, and may register for and access an account with the Service (the “Account”). Subject to your agreement to and continuing compliance with this Agreement, En Masse hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on a machine owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. You hereby agree that all use of the Game Client is subject to this Agreement and to the Terms of Service.

You can put this game on any machine you own, but you can't play for money.

2. Additional Limitations

The license granted to you in Section 1 is subject to the terms and conditions of this EULA and any supplemental terms including the Terms of Service. You hereby agree that any use of TERA in violation of any of the limitations set forth in Sections 1 and 2 will be regarded as an infringement of En Masse’s rights in and to TERA, including but not limited to copyrights. You agree that you will not, under any circumstances:

  • in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on TERA; provided, however, that you may make one (1) copy of the Game Client and the manuals for backup or archival purposes only;
  • use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of TERA;
  • exploit TERA or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of En Masse; (b) for gathering in-game currency, items or resources for sale outside the game of TERA; (c) performing in-game services in exchange for payment outside the game of TERA, e.g., power-leveling; or (d) performing advertising or solicitations for a third party;
  • use any unauthorized third-party software that intercepts, “mines”, or otherwise collects information from or through TERA or the service, including without limitation any software that reads areas of RAM used by En Masse for TERA to store information about a character or the game environment; provided, however, that En Masse may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
  • access TERA from any Internet protocol addresses, computers or proxies that En Masse may prohibit in its sole and absolute discretion;
  • modify or cause to be modified any files that are a part of the Game Client of TERA in any way not expressly authorized by En Masse;
  • host, provide or develop matchmaking services for TERA, or intercept, emulate or redirect the communication protocols used by En Masse in any way, for any purpose, including without limitation unauthorized play over the Internet, network play, or as part of content aggregation networks;
  • facilitate, create or maintain any unauthorized connection to TERA or related services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by En Masse;
  • sell, grant a security interest in or transfer reproductions of any part of TERA to other parties in any way not expressly authorized herein, or rent, lease or license any party of TERA to others;
  • sell, transfer or assign any Account, or any items incorporated into or part of TERA, including but not limited to any characters; or
  • infringe a third party’s intellectual property or other rights, or violate any law or regulation applicable to you.

You agree to these terms, and any related terms. This means you won't:

  • take anything out of our game;
  • cheat, bot, mod, or haxxor TERA;
  • use any part of our game for commercial use;
  • use any software that collects information from or through TERA;
  • access TERA from any proxy;
  • modify any game client files without our permission;
  • host TERA yourself;
  • pretend to be En Masse;
  • sell, reproduce, or rent out any part of TERA;
  • sell any TERA account or character;
  • use TERA to break any laws, including copyright laws (like naming your character after someone in A Game of Thrones, for example).

3. Separately Licensed Software

TERA may contain third-party software and/or content which are licensed to you pursuant to a separate agreement (the “Separately Licensed Software”). You agree that En Masse may install the Separately Licensed Software onto your machine during the Game Client installation process. You agree that you will not copy, reverse engineer, derive source code from, modify, disassemble, or decompile any Separately Licensed Software, create any derivative works based on any Separately Licensed Software, or infringe or misappropriate any intellectual property or other rights embodied in any Separately Licensed Software. You also agree that you will not access or use any Separately Licensed Software until and unless you agree with the end user license agreements provided by the licensors of such Separately Licensed Software. The terms of each such end user license agreement will replace and supersede this Agreement, but only with regard to the applicable Separately Licensed Software referenced in such agreement. For the avoidance of doubt, if any third party software and/or content contained in TERA is deemed not covered by a separate end user license agreement, then it is governed by the terms and conditions of this EULA.

TERA may include software from other companies that we trust. You agree that we can install that stuff on your machine and that you won't copy or steal any of it. Also, that software has its own Terms of Service. By using it, you agree to their ToS.

4. Limited Warranty and Disclaimer

TERA AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EN MASSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, En Masse does not ensure continuous, error-free, secure or virus-free operation of TERA or your Account. Some states or countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state or from country to country.

You accept our stuff like it is. We can't guarantee that nothing will ever go wrong, but if something doesn't work, we'll do our best to fix it.

5. Limitation of Liability

NEITHER EN MASSE ENTERTAINMENT, INC. NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE TERA AND RELATED SOFTWARE AND SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES, GAME ITEMS OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. YOU AGREE THAT EN MASSE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS, ALL LIABILITY FOR NON-CONTRACT CLAIMS, WHETHER BASED ON NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE. IN NO EVENT WILL EN MASSE BE LIABLE FOR SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, INFRINGEMENT, STATUTORY VIOLATIONS, OR OTHERWISE), EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO EN MASSE IN ADVANCE OR COULD REASONABLY HAVE BEEN FORESEEN BY EN MASSE.

We're not liable for damage or loss if you can't access the game, can't get the game to load, or lose characters, in-game items, or accounts.

6. Acknowledgement

  • WHEN YOU ACCESS OR USE TERA, EN MASSE MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S). EN MASSE MAY USE SUCH INFORMATION FOR, AMONG OTHER THINGS, IMPROVING TERA SERVICES OFFERED TO YOU, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS EULA, THE TERMS OF SERVICE, THE PRIVACY POLICY OR ANY SUPPLEMENTAL AGREEMENTS;
  • En Masse may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if En Masse believes that doing so may protect your safety or the safety of others;
  • you are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to TERA;
  • you are wholly responsible for the information you decide to disclose to others, including without limitation your real name; En Masse does not encourage users to disclose their personal information to others.
  • ALL CAPS SRS BSNS. You authorize us to collect information about your computer and use that info to do make the game better.
  • If police ask for your information or chat history, we can give it to them. We can also release your information if we believe doing so will protect you or someone else.
  • We are not in any way responsible for your Internet bill.
  • We are not in any way responsible for the information you give to other people. By the way, don't give your personal info to other people.

7. Equitable Remedy

In the event that you breach this EULA or any other supplemental terms, including the Terms of Service and the Privacy Policy (collectively the “Legal Agreement” for Section 7 and 8), you hereby agree that En Masse would be irreparably damaged if the Legal Agreement were not specifically enforced, and therefore you agree that En Masse shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Legal Agreement, in addition to such other remedies as En Masse may otherwise have available to it under applicable laws.

Doing stuff we asked you not to do damages our company. You understand and agree to that, and you agree that we have a right to fix the situation in any legal way.

8. Dispute Resolution and Governing Law

If a dispute arises between you and En Masse, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and En Masse agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a “Claim”) in accordance with one of the subsections below.

  • The Legal Agreement and the relationship between you and En Masse shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
  • You and En Masse agree to submit to the exclusive jurisdiction and venue of the courts located in Seattle, Washington, except as provided in subsection 15(c) below regarding optional arbitration. Notwithstanding this, you agree that En Masse shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
  • For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • All Claims you bring against En Masse must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, En Masse may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that En Masse has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

If you don't agree with us on Important Things, you can handle it one of the following ways.

  • Any disagreement will be handled according to Washington state laws.
  • You agree that we can use courts in Seattle, WA or any other courts we think appropriate to settle disputes, if necessary.
  • If you sue us for less than $10,000, you agree to arbitrate rather than go to court. Arbitration doesn't have to be in person unless both you and we agree to it.
  • If you disagree with En Masse, you agree to resolve the conflict as laid out in this section. If you don't, you may be liable for up to $1,000 in En Masse's court fees.

9. Force Majeure

En Masse is not liable for any failure to perform its obligations if such failure results from Acts of Gods (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster), wars, acts of terror, riots, government sanctions, embargos, accidents, labor disputes, strikes, interruption of or failure to receive materials, energy, electricity or Internet service, or any other thing beyond En Masse’s reasonable control.

It's not our fault if we can't provide full service due to circumstances beyond our control.

10. Export Control

TERA and any part of TERA may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERA can not be owned or used in any way in a country that the US refuses to trade with. You promise that you are in no way associated with any such country.

11. Miscellaneous

This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 2, and 4-11, shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be severed and the remainder of this Agreement shall be given full force and effect.

This agreement is more legally binding than any other agreement with En Masse. If for some reason we can't enforce some part of it, the rest of it is still legally binding.

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