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EULA/ToS

neoterrarneoterrar Member Posts: 512

Since I cant play the game, i read the EULA/ToS.
I do not have any other MMO installed at the moment,
but I don't believe I have seen this clause in any other.
 
 No Warranty. THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.


Has this clause been in other games and I just didnt see it?
the bit about viruses and harmful components...eh..

Comments

  • DrazmicDrazmic Member Posts: 181

    well if it ever failed they wouldn't have to worry about shutting it down without notice.

  • warppwarpp Member Posts: 258
    Originally posted by neoterrar


    Since I cant play the game, i read the EULA/ToS.

    I do not have any other MMO installed at the moment,

    but I don't believe I have seen this clause in any other.

     

     No Warranty. THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.


    Has this clause been in other games and I just didnt see it?

    the bit about viruses and harmful components...eh..

    Who cares you freaking rabid fanboy. You were told by the so called trolls that you told to STFU every time they said something bad about your heroes AV. Now you are on these forums because your god tasos has conveintly shut down the main DF forums with excuses of overload.

    We who knew what AV were about don't want to read your crying rants about DF or AV,you are a sucker who fell for the hype and are now getting burned...GO CRY ON TASOS BACK.

    Jah Rasta For I.
    The Wicked Shall Fall..





    http://www.ethnic2020.com/images/Ebay/black-jesus.jpg

  • momodigmomodig Member UncommonPosts: 555

    I think Darkfall fall is badnews... I'd advise anyone that can't handle disapointment stay away from it.  I have a hunch, outcomes and the future of this game will not be a good one.

    image
  • Darth_OsorDarth_Osor Member Posts: 1,089

    OP:  probably.  I'm at work so I can't check any of my games, but I bet that's a pretty standard term.  It might just be worded in a bit more legalese in other games.

  • PersephassaPersephassa Member Posts: 223

    LMAO if gamers ruled the world we would be looking at World War III

  • martinrliemartinrlie Member Posts: 14

    Who do these EULAs always feel the need for several paragraphs of uppercase text? Is CAPS LOCKING supposed to have any legal effect?

  • dramaciusdramacius Member Posts: 3

    This is the same piece found in the WoW EULA, you can find it on there website, item 11

     

    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

  • GyrusGyrus Member UncommonPosts: 2,413
    Originally posted by neoterrar


    Since I cant play the game, i read the EULA/ToS.

    I do not have any other MMO installed at the moment,

    but I don't believe I have seen this clause in any other.

     

     No Warranty. THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.


    Has this clause been in other games and I just didnt see it?

    the bit about viruses and harmful components...eh..

    It's in many TOS (often in slightly different words)

    BUT - listen closely - it IS NOT 100% LEGALLY BINDING.

    Check you local laws on Merchantability.

    Also check the laws on which law applies if you purchase over the internet.

    It would be worth while checking EU laws.

    http://www.eu-consumer-law.org/directives_en.cfm

    http://www.eu-consumer-law.org/directivetext_en.cfm?DirectiveID=8&ArgumentID=228

    (And just a short browse there shows up a whole heap of stuff you could use!)

     

    And finally - some one from Greece should check the law there.

     

    A contract like this DOES NOT override laws.  Never has, never will.

     

    Nothing says irony like spelling ideot wrong.

  • Originally posted by dramacius


    This is the same piece found in the WoW EULA, you can find it on there website, item 11
     
    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

     

    Quoted since the trolls will ignore this.

  • neoterrarneoterrar Member Posts: 512

    Hmm, thanks for the blizzard one.

    It's a rare day i read the ToS, guess I should more often.

  • xzyaxxzyax Member Posts: 2,459

    WoW EULA:

    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.


     

    DarkFall EULA:



    No Warranty.

    THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.


     

    Assuming that the 2 EULA's are correct as was posted earlier... High-lighted a couple of key differences. 

  • Darth_OsorDarth_Osor Member Posts: 1,089

    Maybe I'm wrong but I think the Blizzard warranty is for the physical disk and not the content.

  • miagisanmiagisan Member Posts: 5,156
    Originally posted by xTwiSteDx

    Originally posted by dramacius


    This is the same piece found in the WoW EULA, you can find it on there website, item 11
     
    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

     

    Quoted since the trolls will ignore this.

    maybe the fans need to re - read it....you will see a world of difference between the 2

    image

  • rhinokrhinok Member UncommonPosts: 1,798
    Originally posted by xzyax


    WoW EULA:
    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

     
    DarkFall EULA:


    No Warranty.
    THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.

     
    Assuming that the 2 EULA's are correct as was posted earlier... High-lighted a couple of key differences. 

    By highlighting those sections, you' appear to imply that Blizzard provides a warranty for WoW, bu that isn't the case.  The section you highlighted simply provides a warranty for the media, which are the disks you purchase, not the game itself, which is expressly non-warranted in the section above.

    Nice try.

    ~Ripper

  • GyrusGyrus Member UncommonPosts: 2,413
    Originally posted by xTwiSteDx

    Originally posted by dramacius


    This is the same piece found in the WoW EULA, you can find it on there website, item 11
     
    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

     

    Quoted since the trolls will ignore this.

     

    Yes.. the "TROLLS" will ignore it... since it is ILLEGAL in many jurisdictions.

    I linked a site showing EU LAWS  Let's be more specific?

    Unfair terms in Greece?

    Consumer Sales Directive in Greece?



    There you go... links to the Greek LAWS regarding consumer products.

    LAWS > EULA.

     

    Oh BTW - I do realize this is the WOW EULA...it does not matter whose it is... when in Rome Athens...as they say.

     

    Edit: In fact - the EULA says so...read the last line again...

    "Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you."

     

    Nothing says irony like spelling ideot wrong.

  • evilzucchinievilzucchini Member Posts: 66
    Originally posted by neoterrar


    Since I cant play the game, i read the EULA/ToS.

    I do not have any other MMO installed at the moment,

    but I don't believe I have seen this clause in any other.

     

     No Warranty. THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.


    Has this clause been in other games and I just didnt see it?

    the bit about viruses and harmful components...eh..

    That's a pretty standard clause.  Although, I don' t think I have seen the "virus" thing before.

  • xzyaxxzyax Member Posts: 2,459
    Originally posted by rhinok

    Originally posted by xzyax


    WoW EULA:
    Limited Warranty.

    THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Blizzard warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Blizzard of proof of purchase of the defective media, Blizzard will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (b) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

     
    DarkFall EULA:


    No Warranty.
    THE GAME AND THE WORLD ARE PROVIDED TO YOU "AS IS" AND AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVENTURINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. AVENTURINE DOES NOT WARRANT THAT THE GAME OR THE WORLD WILL CONTINUE TO BE PROVIDED IN ITS PRESENT FORM OR IN ANY FORM.

     
    Assuming that the 2 EULA's are correct as was posted earlier... High-lighted a couple of key differences. 

    By highlighting those sections, you' appear to imply that Blizzard provides a warranty for WoW, bu that isn't the case.  The section you highlighted simply provides a warranty for the media, which are the disks you purchase, not the game itself, which is expressly non-warranted in the section above.

    Nice try.

    ~Ripper

    Yes, I realize that.

    I wasn't "trying" anything.  Merely point out areas in which they differed as presented.

    The section in the DarkFall EULA uses the words "GAME OR THE WORLD"  what would your interpretation be of those two different words?

     

  • dramaciusdramacius Member Posts: 3

    game=client

    world=the virtual world within the client.

  • xzyaxxzyax Member Posts: 2,459
    Originally posted by dramacius


    game=client
    world=the virtual world within the client.

     

    Ahh... that makes sense.  Thanks for that.

     

    Since DarkFall was download only then wouldn't the "GAME" part in their EULA be comparable to the "media" part in Blizzard's?  It's not an exact comparison obviously, but that is how I was reading it. 

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