END USER LICENSE AGREEMENT

(a) Digital Motion Entertainment, LLC (hereinafter “DME, LLC”) is an internet based network of games that allows you as a licensee to play an assortment of different types/genres of online games for free, or obtain expanded play for the return of a periodic or recurring fee. DME,  maintains an online presence ( URL ) at the address of http://www.endless-ages.com. Throughout the remainder of this agreement, the DME, LLC network of games, and website will be referred to as the Service. The terms “you” and “Licensee”, as used in this agreement are identical and interchangeable. DME, LLC grants to you a limited, non-exclusive license to use the Software and the Service, subject to all of the terms and conditions of this Agreement,

(b) It is understood and agreed that while the Program is not copy protected, Licensee shall not copy the Program into any machine-readable or printed form except for archival or for backup purposes, nor shall Licensee modify the Program and/or merge it into another computer program.

(c) All rights not expressly granted are hereby reserved by Licensor.

Ownership.
It is hereby understood and agreed that DME, LLC, an entertainment computer software company with offices at 5336 Bunker Court, Fair Oaks, CA 95628, is the owner of all right, title and interest to the DME, LLC software and all subsequent copies thereof, regardless of the media or form in which the Software may now or in the future exist. You, as Licensee through your use or purchase of this product, do not acquire any ownership rights to the Program.

Agreements.
This Agreement and any terms and conditions set forth in the documentation for the Software comprise the entire agreement between DME,  and you, regarding the Service, and the Software. DME, LLC may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement on the Web site. You agree to review the Agreement on the Web site periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in section 13. Your continued use of the Service thirty (30) days after posting of a revised Agreement on the Web Site will mean that you accept all such revisions.

Account information.

( a ) Account, User ID. When you register for the Service, you will become a Member of the service and an account will be created for you (your Account). The term Member in this Agreement refers to any person or entity, including you, that has registered for the Service, has entered into this Agreement with DME, LLC and is authorized by DME, LLC to use the Service. Any Member is a Licensee for the purposes of this Agreement. Upon your registration as a Member of the Service, you must choose a name to identify yourself to other Members and Service staff when you use the service (your User ID). You may not select as your User ID the name of another person (unless it is also your name), or a name which violates any third party’s trademark, copyright, or other proprietary right, or which DME, LLC deems in its discretion to be vulgar or otherwise offensive. DME, LLC reserves the right to delete any vulgar or otherwise offensive Use ID, or to require you to change you User ID name. You are entirely liable for all activities conducted through your Account and the User ID registered to your Account
( b ) Passwords. Upon your registration for the Service, you will select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of any password or from use by any person of your password to gain access to your Account and User ID. At no time should you respond to an online request for a password. DME, LLC employees will never ask for your password online. You acknowledge that although the Service may offer a feature that allows you to remember your password and thereby bypass the password protection, this feature makes it possible for third parties to access your Account and User ID. Use of this password bypass feature will be solely at your own risk and is strongly discouraged. Likewise, please DO NOT use your User ID as your Password.

( c ) Former Members. Members whose Accounts have been terminated by DME, LLC. may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of DME, LLC. Active Members may not knowingly allow former Members whose Accounts have been terminated to use the active Members' Accounts or User IDs.

Related Accounts. If an Account is terminated by DME, LLC, DME, LLC shall have the right to terminate any other Account that shares the member name, phone number, email address, Internet Protocol address or credit card number with the terminated account.

5. Charges for Service.
(a) General Charges. Current fees for using the Service are published in the membership section of the DME, LLC Web Site and at any future portal web site. DME, LLC may change its fees and billing methods at any time. All changes will be posted on the Web Site and you are responsible for reviewing the membership section of the Web Site to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your use of the Membership as provided in Section 13. Your continued use of the Service thirty (30) days after posting of the changes on the Web Site will mean you accept such change. YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. For further information on billing see the Web Site. If your use of the Service is subject to sales or use tax then DME, LLC may also charge you for any such taxes, which will be in addition to the rates and charges published in the billing section of the Web Site. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

(b) Payment by Credit Card. If you pay for the Service by credit card, you represent to DME, LLC that you are the authorized user of the credit card used to pay service charges. Each month you use the Service you agree and reaffirm that DME, LLC. is authorized to charge your credit card. You agree to promptly notify DME, LLC of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify DME, LLC if your credit card expires or is canceled for any reason. By paying for the Service with your credit card, you authorize DME, LLC to make reasonable inquiry to your credit card issuer as to the status and validity of your credit card.

6. Rights and Responsibilities.

(a) Content. You acknowledge that: (i) the Software and the Service contain graphics, sound effects, music, animation-styled video and text (collectively, " Content" ), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members. These independent content providers, including other Members, are referred to in this Agreement as " Content Providers" . You, and any user of your Account or User ID, must evaluate, and bear the risk associated with the accuracy, completeness, or usefulness of any Content. DME, LLC. does not pre-screen Content as a matter of policy, but DME, LLC has the right, but not the responsibility, to remove Content at any time which it deems to be harmful, offensive or otherwise in violation of this Agreement.

(b) Rights. You acknowledge and agree that all characters created, and items acquired and developed as a result of game play are part of the Program and are the sole property of DME, LLC You acknowledge that: (i) the Software and the Service permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by DME, LLC or Content Providers (collectively, " Rights" ), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of the Content shall be governed by the copyright laws of the United Sates and other applicable laws. You agree that you may upload or otherwise transmit on or through the Program only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Program. Unless specified otherwise in your transmission, by submitted Content to any area on the Program, you automatically grant (or you warrant that the owner of such Content has express granted) to DME, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.

c) Official Service. Endless Ages has been designed by DME, LLC for play only on the Program. The Software is licensed to you for play on the Service only. DME does not grant you a license to use the Software for any other purpose. You agree to play Endless Ages only on the Service and not through any other means. You further agree not to create or provide any other means through which others may play Endless Ages, for example, through server emulators. You may not reverse engineer, decompile or disassemble the Software, including any proprietary communications protocol used by the Software. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any graphics, audiovisual display, software programs, utilities, applications, emulators or tools derived from or created for Endless Ages unless specifically authorized in writing by DME, LLC.

(d) Conduct and Communication. You, and anyone you authorize to use your Account and User ID on the Service, agree to follow the Rules of Conduct which may be published by DME, LLC. The Rules of Conduct may be found on the Web Site. The Rules of Conduct may be changed at any time by DME, LLC at its sole discretion. DME, LLC reserves the right to terminate your Membership if it determines in its sole discretion that you have engaged in any impermissible conduct whether or not such conduct violates the Rules of Conduct or the terms of this Agreement. You acknowledge, however, that DME, LLC does not prescreen Content or communication over the Service.

(e) Privacy. You understand that you have no expectation of privacy regarding the communications you make on the Service, and that DME, LLC representatives may monitor all communications made by or received from you. You hereby consent to the extraction of hardware system profile data and any data related to operation of the Software through the Service from any computer that logs on to the Service using your Account.

7. Term
(a) The license is effective until terminated. Licensee may terminate it at any time by destroying the CD together with all copies thereof and ceasing to use the system.

(b) This license will terminate upon conditions set forth elsewhere within this Agreement or if Licensee fails to comply with any term or condition of this Agreement. In such event, no notice shall be required by Licensor to effect such termination.

(c) Upon termination of this agreement, Licensee agrees to destroy the CD together with all backup copies, modifications, printed or written materials, and merged portions of any form, or return same to Licensor at Licensees expense.

8. Restrictions on Use
(a) Licensee may physically transfer the Program between computers provided that it is used on only one computer at any given time.

(b) Except for the initial loading of the Program on a hard disk or for archival/backup purposes as provided for above, Licensee shall not, without Licensors express written consent:
1. Copy or reproduce the Program;
2. Electronically transfer the Program through a LAN (local area network) or other network system or through any computer subscriber system or bulletin board system; or
3. Modify, adapt, or create derivative works based on the Program or any accompanying materials.

9. Restrictions on Transfer
(a) Licensee may transfer the Program and this license to another party if the other party agrees to accept the terms and conditions of this Agreement. If Licensee transfers the Program, Licensee must simultaneously either transfer all copies whether in printed or machine readable form to the same party or destroy any copies not transferred, including all modifications and portions of the program contained or merged into other programs.
(b) Licensee shall not sublicense, assign, or transfer the license or the Program except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.

10. Limited Warranty
a) Licensor warrants the disks on which the Program is furnished to be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of delivery to Licensee, as evidenced by your receipt.

(b) Licensee shall assume responsibility for the selection of the Program and for the installation, use, and results obtained from the Program.

(c) THE PROGRAM IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. The entire risk as to the quality of performance of the Program is with you. Should the Program prove defective, you (and not Licensor or an authorized personal computer dealer) assume the entire cost of all necessary servicing, repair or correction.

(d) Some states 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 that vary from state to state.

11. Disclaimer of Warranty
To the maximum extent allowed by law, DME, LLC, its licensors and subcontractors do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Program. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.

YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. DME, LLC. AND ITS AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SERVICE, THE SOFTWARE, AND THE INTERNET. DME, LLC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR CHARACTERS FROM DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY DME, LLC. AND ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS, OR BY YOUR OR ANY OTHER MEMBERS OWN ERRORS AND/OR OMISSIONS. DME, LLC. makes no warranty with respect to any related software or hardware used or provided by DME, LLC in connection with the Service except as expressly set forth in the documentation of the CD.

12. Limitation of Liability including Epilepsy and Seizures

I. YOU ACKNOWLEDGE AND AGREE THAT DME, LLC AND ITS AFFILIATES SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY DME, LLC AND ITS AFFILIATES OR ITS CONTENT PROVIDERS, OTHER MEMBERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR THE SOFTWARE. ANY AND ALL LIABILITY TO YOU FROM DME, LLC AND/OR ITS AFFILIATES FOR ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OR FOR THE BREACH OF THE AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE CD AND THE FEES PAID BY YOU FOR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES, ANY LIABILITY OF DME, LLC AND ITS AFFILIATES IS LIMITED TO THE EXTENT PROVIDED BY THE LAW OF ANY SUCH STATE, AS APPLICABLE.
II. EPILEPSY AND SEIZURES: READ THIS NOTICE BEFORE YOU OR ANYONE IN YOUR FAMILY, INCLUDING YOUR CHILDREN; USE THIS VIDEO GAME OR ANY OTHER VIDEO GAMES.

A very small portion of the population have a condition which may cause them to experience epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns that are commonly present in our daily environment. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Players who have not had any previous seizures may nonetheless have an undetected epileptic condition. If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g., seizure or loss of awareness), immediately consult your physician before using any video games. We recommend that parents observe their children while they play video games. If you or your child experience any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, DISCONTINUE USE IMMEDIATELY and consult your physician.

13. Indemnification.
You agree to defend, indemnify and hold harmless DME, LLC its affiliates, Licensees, distributors, Content Providers and other Members of the Service, from all liabilities, claims and expenses, including attorney' s fees and costs, arising from any breach of this Agreement by you. Should you fail to provide any such defense after written demand upon you by DME, LLC to provide such defense, indemnification and hold harmless DME, LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder and thereafter such reimbursement from you.

14. Termination.
Either you or DME, LLC may terminate your Account at any time without further obligation to the other. Further, DME,LLC  reserves the right to terminate the Service at any time without further obligation to you.

IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU WILL LOSE ANY CHARACTERS DEVELOPED OR ITEMS ACCUMULATED AND YOU WILL NOT HAVE THE RIGHT TO TRANSFER, SELL OR ASSIGN ANY CHARACTERS OR ITEMS TO ANYONE ELSE; (3) YOU MAY NOT ACCESS THE SERVICE IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, DME, LLC MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.

15 Remedies.
(a) Licensor' s entire liability and Licensee' s exclusive remedy shall be:

1. The replacement of any CD-ROM, diskette, or cassette not meeting Licensor' s " Limited Warranty" above and that is returned to Licensor or an authorized dealer with a copy of your receipt; or

2. If Licensor or the dealer is unable to deliver a replacement copy that is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the product and Program for a full refund of the purchase price.

(b) In no event will Licensor be liable for any damages, including but not limited to, lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use such program even if Licensor or its authorized dealer has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

16. General Provisions.
You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void, except that you may transfer your Account to another person provided that person accepts the terms of this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or the remaining provisions hereof under all circumstances. DME, LLC’s failure to enforce at any time any of the provisions of this Agreement 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 provisions thereafter. The express waiver by DME, LLC of any provision, condition or requirement of this Agreement shall not constitute a waiver of any further obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of DME, LLC shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of DME, LLC.

17. Questions. All questions concerning this Agreement may be directed to DME, LLC Customer Support/Tech Support Division, 5336 Bunker Court, Fair Oaks, CA 95628, or e-mail to support@endless-ages.com.

18. Jurisdiction and Disputes.
(a) This Agreement and the Limited Warranty shall be governed by the laws of California . (b) All disputes hereunder shall be resolved in the Superior Court in and for Sacramento County, California, or, if appropriate, the United States District Court for the Eastern District of California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available, and agree to waiver of trial by jury.

19. Integration. This Agreement shall take precedence over any other documents that may be in conflict therewith. In order to set up your Account, you will be required to accept all of the above terms and conditions of this Agreement, as amended from time to time by DME, LLC. If you do not accept this Agreement, follow the return instructions given to you online.

20. Players Rules of Conduct.

As in any game there are Rules by which all players must abide. These are here to enforce and level the playing field for all. These will also mark the boundaries of behavior for everyone.

There is no leniency to these Rules. If you break them, you could be reprimanded, temporarily or permanently banned. The violation of any one the following rules must be documented with a screenshot by either the player that is being accosted or by a GM and e-mailed to support@endless-ages.com.

1. Players must have mutual respect for all other players, GMs and Developers (Devs) both in game and on the forums.
2. Impersonation of game staff or developers will not be tolerated at any time.
3. No racism will be used against another player at anytime.
4. Spawn Killing Definition: Confining a player to an area by repeated killing of that player either by PKing with your person or pulling aggressive creatures into an area to kill a player repeatedly Plain and simple this is not allowed. To spawn kill is to harass and that will not be tolerated.
5. Exploiting No exploiting is allowed whether it is known by the Devs/GMs or not. Here is a list of some of the known exploits.

Breaking through the map and fighting creatures from the other side
Using Familiars to go through walls.
Breaking through walls/floors/ceilings etc. to pass a certain section of the map or portal. This also applies to enter homes.
Fighting creatures through houses/walls/under houses etc.
Using bugs in game to dupe items, money, etc. If this is known by any player it is their responsibility to report this to a GM or Dev right away.
Selling exploits to others
Blocking sections of the game/map from other players. This is considered harassment.
Getting creatures stuck in portions of the map where as the player can not get hurt, or no one else can find the creature.
Dragging agro mobs into safe zones, especially newbie zones and cities.


6. Posing as GMs or Developers This will not be tolerated at all.
7. Flaming If you are going to flame, keep it to the Flame Wars section on the forums. In doing this you must also keep the first 3 rules of the Players Rules of Conduct in mind.
8. Macroing There will be no public display of unattended macroing. If you are going to macro then you must find a good hiding spot or macro in your house. If you are seen macroing in the open by a GM or Dev you will be questioned for 10 minutes. If you do not respond within the 10 minutes of time you can be disconnected from the server. There will be no macroing of Magic in any city areas such as the banks, stores, public domains. This disrupts others game play and is not allowed. If you are caught running through a city while macroing Magic you can be told by a GM or Dev to stop or leave the area. If you do not comply with their instructions, you will be given a warning and then disconnected from the server. The continued violation of this rule will result in reprimands that are solely up to the Developers discretion.
9. Player Names If there is a player with profanity, racial terms, or anything else inappropriate in their name, they will be told that it has to change. Racism in names or speech is simply not acceptable. The GM or Dev will ask the player to log out of the game and PM a Dev their username and what they would like their new name to be.
10. Sexism will at not time ever be allowed.
11. Bashing of the games, the developers, or the support staff will at no time be tolerated.

21. Forum Agreement

Endless Ages is rated TEEN (Content may be suitable for persons ages 13 and older. May contain violent content, mild or strong language, and/or suggestive themes.)

Here is the place to discuss everything that has to do with Endless Ages. The use of racism, sexism, posting of pornography, or the posting of any other inappropriate material and or total disrespect to anyone on this forum, game (server), or developers will not be tolerated.

If found guilty of anything the falls into any of the above mentioned types of harassment, or any other malicious types of attacks on individuals or groups of individuals, or the forum in general, you will be warned once, and only once. If the situations persist, you will then be banned for being in violation of the Forum Rules, the Players Rules of Conduct, and the License Agreement.

We, DME, LLC and Moderators of this Forum, reserve the right to ban any person if we find an attack to be malicious enough the first time around. If there is any attack on the forums and or the Endless Ages community, we DME, LLC, reserve the right to prosecute anyone to the fullest extent of the law, if found guilty of any violation mentioned herein. There will also not be any promotion of any other game allowed on this Forum. This Forum is strictly for the use in discussing issues dealing with Endless Ages.

Disclaimer: Because these forums are a public messaging center there may be situations of people posting in appropriate material or displaying inappropriate conduct, language, etc. We do not condone any inappropriate material or behavior. We, DME, LLC and representative moderators do our best to make sure that the content posted and displayed here does not offend or insult anyone in any manner.

If you do find any material that you find inappropriate, please contact the Admin or Moderators ASAP with a link to the thread/post.


BY SETTING UP YOUR ACCOUNT, YOU, AS LICENSEE, HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.