End User License Agreement
Important: Many capitalized words (e.g., "Site") are defined terms. See Definitions.
The EULA applies to all Potential Games Subscribers and governs their use of all Software, such as the Island Forge™ game client. Subscribers are also governed by the TOS, the Visitor Agreement and Privacy Policy. The Definitions, TOS, Subscription Terms, Visitor Agreement, and Privacy Policy are hereby incorporated by reference.
IMPORTANT – READ CAREFULLY: This is a legal agreement between you and Potential Games. It imposes certain restrictions on your use of the Software. Potential Games retains ownership of the Software, and no rights are granted to you other than a license to use the Software on the terms expressly set forth in this EULA. By logging into the Software, you agree to be and are hereby bound by the terms of the EULA. If you do not agree to the terms of both the TOS and this EULA, you may not use the Service or the Software (as further provided in the TOS).
The Software is distributed by Potential Games through the Site or through Potential Games-approved digital download distributors. The Software may only be used with a valid Subscription. The Software must be obtained from Potential Games. Modification of the Software and use of any modified form of the Software is strictly prohibited.
Potential Games reserves the right to modify and update this EULA at any time by posting the amended EULA on the relevant site. The new EULA shall be effective immediately upon any such update. You are bound by any such revisions and should therefore periodically visit the relevant site to review the current EULA.
1. GRANT OF LICENSE
Potential Games hereby grants you a nonexclusive, limited license to use the Software for noncommercial purposes, for personal entertainment, for the duration of your valid Subscription, subject to the terms of this EULA and the TOS.
2. UPDATES
Potential Games shall have the right and permission to deploy or provide patches, updates, and modifications to the Software. These patches, updates, and modifications must be installed to continue to use the Service and Software. For these purposes, Potential Games may update the Software remotely, including, without limitation, the Software as residing on your computing device, with or without your knowledge or consent, and you hereby grant to Potential Games your consent to deploy and apply such patches, updates, and modifications to the Software.
3. TITLE
All title, ownership, rights, and intellectual property rights in and to the Software and Manual shall remain with Potential Games. All rights not expressly granted to you in this EULA are reserved to Potential Games. The Software and Service are protected by United States copyright laws and international copyright treaties.
Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content. You may not copy or download any content from the Software unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game or any Creative Content. Potential Games reserves all rights in owned and licensed content that are not expressly granted to you in the TOS.
Making unauthorized copies of content found in the Software (including Creative Content submitted by others) may result in the termination of your Account, prohibition to use the Software and further legal action.
4. LIMITED WARRANTY
THE GAME IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR ANY OTHER APPLICABLE STATUTORY WARRANTIES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THE USE OF THE GAME, HEREUNDER THE QUALITY AND PERFORMANCE OF THE GAME IS AT YOUR SOLE RISK. SHOULD THE GAME PROVE DEFECTIVE, YOU (AND NOT POTENTIAL GAMES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE.
Potential Games does not warrant that the operation of the Software will be uninterrupted or error free. Potential Games does not warrant that the Software will operate on particular hardware or in combination with particular operating systems or other software.
5. LIMITATION OF REMEDIES
The entire liability of Potential Games, and your exclusive remedy, for any breach by Potential Games shall be limited to the refund of any unearned subscription fee plus actual damages not to exceed one (1) month's subscription fee.
IN NO EVENT WILL POTENTIAL GAMES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH GAME EVEN IF POTENTIAL GAMES OR AN AUTHORIZED POTENTIAL GAMES DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. TERMINATION
Your Account, your Subscription and your right to use the Service and the Software shall terminate automatically if you fail to comply with the provisions of the TOS or this EULA. No notice shall be required from Potential Games to effectuate such termination. Upon termination you shall be obligated to destroy all copies of the Software and Manual.
7. GOVERNING LAW AND JURISDICTION
This EULA will be governed by the laws of the State of Ohio, U.S.A., without reference to conflict of law principles. Any dispute relating to this EULA or the Software is subject to the exclusive jurisdiction of the Court of Common Pleas of Tuscarawas County, Ohio, U.S.A., and the United States District Court for the Northern District of Ohio, Eastern Division.
8. EXPORT CONTROL
Export of the Software may be governed by the export control laws of the United States of America and other countries. You may not directly or indirectly, export, reexport, download, or ship the Software in violation of the laws and regulations of the U.S.A. or the laws and regulations of the applicable jurisdiction in which you use or are downloading the Software. If you are downloading the Software, you represent and warrant that you are not located in or under the control of any country to which export is prohibited by applicable law.
9. ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT (TOGETHER WITH THE OTHER DOCUMENTS INCORPORATED BY REFERENCE) IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
All users under the age of 18 are required to have a parent or guardian read and accept this EULA on their behalf. Users under the age of 13 are prohibited from using the Software and the Service.
10. SEVERABILITY
If any provision of this Agreement is invalid or unenforceable for any reason, it will be deemed amended the minimum amount necessary to permit its enforcement.
Version Date: Sep 21, 2011