APPLICATION END USER LICENSE AGREEMENT
This Application End User License Agreement (“License”) is an agreement between you and Dragon Foundry LLC, its subsidiaries or affiliates (“Dragon Foundry”). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.
We reserve the right to modify this License at any time, so please review it frequently via the About section in your Application or by visiting http://www.dragonfoundry.com/eula. Your continued use of our online and mobile products and services will signify your acceptance of the changes to this License.
SECTIONS 2 AND 3, BELOW, DISCUSS THE INFORMATION AND DATA COLLECTED ABOUT YOU AND YOUR MOBILE ONLINE BEHAVIOR AS WELL AS HOW IT IS SHARED BY DRAGON FOUNDRY AND THIRD PARTIES. SECTION 4, BELOW, DESCRIBES PRIVACY SETTINGS AVAILABLE ON ORIGIN SERVICES OTHER THAN SCRABBLE (FOR APPLICATIONS WITH ORIGIN SERVICES INTEGRATED THEREIN) AND HOW THEY PROTECT THE DISCLOSURE OF YOUR INFORMATION WITHIN THIS APPLICATION AND ON ORIGIN SERVICES IN THE PC ENVIRONMENT.
IF YOU DO NOT AGREE TO THESE OR ANY OTHER SECTIONS OF THIS LICENSE, DO NOT INSTALL OR USE THE APPLICATION.
Grant. Through this purchase, you are acquiring and Dragon Foundry grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application; or Dragon Foundry's termination of this License.
Access to Online Features And/Or Services. An Dragon Foundry Account may be required to access online services and/or features. You must be 13 + to register for an Dragon Foundry Account.
Further Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by Dragon Foundry. Unless expressly authorized by Dragon Foundry, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter Dragon Foundry’s trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application. For instance, if the Application is a VoIP application, then you must not be in violation of your wireless data service agreement when using the Application.
Reservation of Rights. You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, Dragon Foundry reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Dragon Foundry and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by Dragon Foundry.
Your Contributions. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright interest, you hereby grant Dragon Foundry an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related goods and services including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Dragon Foundry’s and other players’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. The license grant to Dragon Foundry, and the above waiver of any applicable moral rights, survives any termination of this License.
Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. Dragon Foundry does not guarantee that this Application can be accessed on all devices or wireless service plans. Dragon Foundry does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.
Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that Dragon Foundry deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Dragon Foundry may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
Digital Services. Dragon Foundry may offer, for purchase, virtual coins, points or other virtual currencies (each individually or collectively referred to in this License as “Dragon Foundry Virtual Currency”). By purchasing or otherwise acquiring Dragon Foundry Virtual Currency, you obtain a limited license to access and select from content that Dragon Foundry expressly makes available as part of this Application (the “Digital Content”).
Dragon Foundry Virtual Currency has no monetary value and does not constitute currency or property of any type. Dragon Foundry Virtual Currency may be redeemed for Digital Content only. Dragon Foundry Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Digital Content. Dragon Foundry Virtual Currency is non-refundable. You are not entitled to a refund for any unused Dragon Foundry Virtual Currency.
During the term of your Dragon Foundry Virtual Currency license, you have the right to redeem Dragon Foundry Virtual Currency for selected Digital Content. Dragon Foundry does not guarantee that any particular item offered as part of this Application will be available at all times or at any given time. Dragon Foundry does not guarantee that we will continue to offer particular items for any particular length of time. Dragon Foundry reserves the right to change and update our inventory of Digital Content without notice to you.
When you acquire Digital Content, you receive a limited license to use Digital Content for your personal non-commercial use with any specified permitted services that Dragon Foundry identifies from time to time. Dragon Foundry reserves all right, title and interest in Digital Content and all associated copyrights, trademarks, and other intellectual property rights therein. This Digital Content license is limited to the intellectual property rights of Dragon Foundry in the Digital Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Digital Content.
Once you have redeemed Dragon Foundry Virtual Currency for Digital Content, that content is not returnable, exchangeable, or refundable for Dragon Foundry Virtual Currency or for cash, or other goods or services.
The term of your Dragon Foundry Virtual Currency and Digital Content license starts when you acquire Dragon Foundry Virtual Currency and/or Digital Content, and subject to this License, ends the earlier of (1) the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and (2) the day that your access to this Application is cancelled, suspended or terminated as set forth in this License. If you have not used your Dragon Foundry Virtual Currency for twenty four (24) months or more and your account has an Dragon Foundry Virtual Currency balance, your Dragon Foundry Virtual Currency shall expire and your account may be cancelled for non-use.
2. Consent to Use of Data.
See Appendix A for a non-exclusive list of third parties that may collect data about your online behavior via this Application. Appendix A includes both analytics companies and ad networks (discussed above in Section 2) and includes URL’s for those third parties’ privacy policies and opt outs (if applicable). You are responsible for reviewing the privacy policies of the third parties that may collect information via this Application. If you do not wish to review those privacy policies or if you are concerned about the information they may collect, do not install or use this Application. Dragon Foundry does not guarantee that all third parties that may collect information about you via this Application have an opt out for behavioral tracking. In addition, Dragon Foundry opting out of behavioral tracking from some or all of the entities listed in Appendix A will not opt you out of advertising entirely. Rather, if you opt out, you may continue to receive the same amount of mobile ads, but they may be less relevant because they will not be based on your interests.
This ad serving technology is integrated into the game; if you do not want to use this technology, do not install or use this Application.
4. Application Communications and Conduct/Privacy Settings. Your use of online features available via the Application, if any, is governed by Dragon Foundry’s Terms of Service, available at http://www.dragonfoundry.com/terms. By installing and using this Application you acknowledge and agree that you will abide by Dragon Foundry’s Terms of Service and otherwise agree not to:
Create a false identity for purposes of misleading others;
Defame, abuse, harass, threaten, spam, violate the rights of others and/or otherwise interfere with others’ use and enjoyment of the Application;
Publish, transfer or distribute any inappropriate, indecent, obscene, foul or unlawful conduct;
Transfer, stream or otherwise make available material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar material that may damage the computer or other property of another user;
Use any portion of the Application to harvest or collect information about others, including but not limited to email address.
Dragon Foundry reserves the right to monitor communications on the Application and disclose any information Dragon Foundry deems necessary to (i) ensure your compliance with this License; (ii) satisfy any applicable law, regulation or legal process; (iii) protect the rights, property and interests of Dragon Foundry, its employees or the public. Dragon Foundry also reserves the right to edit, refuse to transfer and/or to remove any information or materials, in whole or in part, in Dragon Foundry’s sole discretion.
For Applications with social services integrated therein, when you establish your Application profile, your privacy settings will govern how others can search for you within the service as well as who can see your profile, which will show which games and/or applications you have and play on your device (among other items that you choose to disclose). When you log into the Application and if you choose to connect with friends on the Application, you agree that your friends will receive notifications about your game play activity, Application usage and stats. If you do not want your friends to receive such notifications at any time, you can visit your privacy settings and/or block users at any time. When you log in initially, you also agree that your friends can search for you on the services (both mobile and PC) using your email address and/or user ID, among other identifiers that you may indicate. You may be able to change that preference by visiting your privacy settings on your profile page.
Select services will be available on both PC and mobile platforms. You can log into all services using your Dragon Foundry Account. Your friends list, if you choose to have one, will be the same no matter where you log in. For instance, if you utilize features on your mobile application, your mobile friends will appear in your friends list on PC when you log in and vice versa. Likewise, your PC friends’ list will also appear on your mobile friends’ list when you log in there and vice versa. You can block friends and/or revisit your privacy settings at any time. Keep in mind that when you log into a Dragon Foundry account, you agree to allow members search for you via your email address. If you wish not to have members find you using Facebook Connect, be sure to log out of Facebook in both the mobile and PC environments and disconnect Facebook from your Dragon Foundry account. Check your privacy settings in all environments often to ensure that they are set according to your preferences.
Always use caution when giving out any personally identifiable information about you or your children when using the Application. Dragon Foundry does not endorse the content, messages and/or information exchanged by means of the Application and therefore you agree that Dragon Foundry is not liable with respect to the Application in general and/or any action resulting therefrom.
You are responsible for all actions that occur in connection with the Dragon Foundry Account you use to register and log into this Application. You agree to notify Dragon Foundry immediately of any unauthorized use of your Dragon Foundry Account or breach in security known to you related to the Application.
6. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Dragon Foundry if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Dragon Foundry’s other rights or remedies at law or in equity. Sections 1(E), 2 through 16, and any Supplemental Terms of this License shall survive termination or expiration of this License for any reason.
7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. DRAGON FOUNDRY AND DRAGON FOUNDRY’S LICENSORS (COLLECTIVELY “DRAGON FOUNDRY” FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DRAGON FOUNDRY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY DRAGON FOUNDRY, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DRAGON FOUNDRY BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT DRAGON FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall Dragon Foundry’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Application.
9. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
10. Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
11. U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Application provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer Application” and/or “commercial computer Application documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
12. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to Dragon Foundry for which monetary damages would not be an adequate remedy and Dragon Foundry shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
13. Governing Law. The laws of the State of Washington, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s). Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
14. Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Dragon Foundry is prohibited from transacting business under applicable law.
15. Entire Agreement. This License constitutes the entire agreement between you and Dragon Foundry with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by Dragon Foundry. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
Supplemental Terms For Apple iPhone, iPod Touch and iPad Users
These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. (”Apple”) iPhone, iPod touch and/or iPad products (collectively, ”Apple Devices”):
Through your purchase, provided that you comply with the terms of this License, you are acquiring and Dragon Foundry grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. This License does not entitle you to receive from Dragon Foundry hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.
You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.
Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.