Mistwell
Crusty Old Meatwad
I was considering subscribing to the D&D Insider so I could get Dungeon and Dragon and use the tools. And I do not think $60 is an unfair price for a year.
However, when I used to buy Dungeon and Dragon off the magazine stands I shared them with friends. In fact, my whole D&D group would sometimes pass them around the table and loan them out.
Is there anything technical or legal in nature preventing several people (a gaming group) from getting together, opening a new account for their group, buying one subscription for that new account (like as a Christmas gift), and that whole group accessing the magazines from their own computers at home using that group account?
Copied below is the WOTC EULA, with my highlights of areas I have found so far in a quick skim where there may be an issue. Before reading it through, has anyone subscribed to the DDI and found something else that would prevent people from sharing an account like that, either from a technical perspective or other legal agreement?
Member User Agreement
Last Updated: October 2, 2008
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However, when I used to buy Dungeon and Dragon off the magazine stands I shared them with friends. In fact, my whole D&D group would sometimes pass them around the table and loan them out.
Is there anything technical or legal in nature preventing several people (a gaming group) from getting together, opening a new account for their group, buying one subscription for that new account (like as a Christmas gift), and that whole group accessing the magazines from their own computers at home using that group account?
Copied below is the WOTC EULA, with my highlights of areas I have found so far in a quick skim where there may be an issue. Before reading it through, has anyone subscribed to the DDI and found something else that would prevent people from sharing an account like that, either from a technical perspective or other legal agreement?
Member User Agreement
Last Updated: October 2, 2008
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE” OR “YOU”) AND WIZARDS OF THE COAST, INC. (“WE”, “US” OR “WIZARDS”) AND GOVERNS YOUR ACCESS, INSTALLATION AND USE OF SOFTWARE TOOL SET APPLICATIONS (“APPLICATIONS”) AND RELATED ONLINE SOFTWARE (“SOFTWARE”), TEXT AND OTHER DOCUMENTATION (“DOCUMENTATION”) AND RELATED SERVICES (“SERVICES”) (EACH A “COMPONENT”, AND COLLECTIVELY, THE "PROGRAM") PROVIDED BY WIZARDS OF THE COAST, INC. (“WE”, “US’ OR "WIZARDS"). BY CLICKING THE “ACCEPT” OR “I AGREE” BUTTON, OR BY INSTALLING, COPYING, PAYING FOR OR USING THE PROGRAM AND/OR ANY COMPONENT THEREOF, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS BELOW (“USER AGREEMENT AND LICENSE” OR “AGREEMENT”) AND THE AGREEMENTS REFERENCED HEREIN (INCLUDING WIZARDS’ PRIVACY POLICY (“PRIVACY POLICY”), LOCATED AT Privacy Statement, AND WIZARDS’ TERMS OF USE (“ToU”), LOCATED AT Terms of Use, AND ANY OTHER RELATED TERMS AND CONDITIONS LOCATED ON THE WEB SITES OF WIZARDS AND/OR ITS AFFILIATES, INCLUDING, BUT NOT LIMITED TO Wizards of the Coast AND Press Releases, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE) (COLLECTIVELY, “EULA”). IF YOU DO NOT AGREE TO THIS USER AGREEMENT AND LICENSE, AND THE EULA, PLEASE DO NOT INSTALL, COPY, PAY FOR OR USE THE PROGRAM. If you have any questions regarding these terms and conditions, please visit Wizards’ customer service web page at Customer Service.
1. Children and Minors: Charged Offerings provided through the Program are available only to individuals 18 years of age or older (“Adult”) or, in an Adult’s discretion, their child (through parental or guardianship relationship) (“Child”), provided their Child is less than 18 years of age and at least 13 years of age (“Minor”). Individuals less than 13 years of age may not use Charged Offerings of the Program or any of its Components. If you are a Minor, you may access and use certain non-Charged Offerings provided through the Program, provided that your parent(s) or guardian(s) complete the installation and registration process, and complete and return the parental consent form located at COPPA Form. Adults shall be fully responsible for all obligations of their related Child and/or Minor under this Agreement and the EULA. By clicking the "I Accept" button or installing, copying, paying for or using the Program or any Components thereof, you represent that you are an Adult and are either accepting this Agreement and the EULA on behalf of yourself or your Child. You may not transfer or share the Program or any Components thereof or your account (including user name, password or any other related information, except that if you are a parent or guardian, you may permit one Child to use the account instead of you). You are responsible and liable for all activities conducted through the Program and your account, including any verbal, written, typed or other communication of any kind and all commerce activities and transactions, and parents or guardians are responsible and liable without limit for the activities of their Child. You agree that you are solely responsible for the security of your account, user name, password and related information and computer system and network connectivity and security and the activities related to or resulting from the use of the Program and any Components. Corporations and other entities are not eligible to procure or use the Program, any Components or accounts.
2. Program Use and Access: To download, install, access and use the Program or any of its Components, you must (a) register for an account, (b) receive through a Wizards-authorized offer the applicable Program files which we may make available for direct download, (c) read and accept the terms and conditions of this Agreement and the EULA and any policies (i.e. Privacy Policy, Codes of Conduct) referenced herein, and (d) have at least the minimum computer system requirements (hardware and software) to operate the Program as well as a secure internet connection (both of which you are solely responsible for procuring and paying for, and neither of which is provided by Wizards). In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Program (“Charged Offerings”), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Program and your account. Neither this Agreement nor your account entitles you to any subsequent releases of the Program, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Program, without paying applicable charges or except as otherwise expressly and explicitly provided by Wizards. All or some of the Program may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Program access for each account you wish it to be enabled for and you must download and install the Program on each machine on which you wish to use and access the Program; you may be charged for each account used to access the Program and/or each copy of the Program or its Components. You understand that we may modify, update or otherwise enhance the Program or any Component thereof at any time and in doing so incur no obligation to furnish such changes or updates to you pursuant to this Agreement (regardless if for free or payment). Installation, access to and use of Applications, Software, Documentation and Services offered or distributed through or with the Program are subject to this Agreement, the EULA and any and all applicable agreements, licenses, policies and/or rules of conduct. You understand that the Program and its Components evolve over time and, accordingly, over time and you may need to upgrade your computer hardware, software and/or system (or obtain a new system) to use the Program or access or use the Components. Depending on your particular computer system, or other factors, your experience using and interacting with the Program may change or vary, particularly with respect to online Services. Wizards makes no warranties with respect to your system’s particular performance or capabilities with respect to the Program.
3. Changes: We may amend this Agreement, the EULA or any provisions thereof (including your rights to use the Program) at any time, and in our sole discretion. Amendments may be communicated to you at the time you log into your account and access the online Services for the Program, on the applicable Wizards web page or otherwise. Such amendments shall be effective whenever we make the notification available for your review.
4. Fees and Payment: We describe our fees and billing procedures for the Program (and the Components thereof) at Answer and/or on Wizards of the Coast (“Payment Terms”), which are incorporated herein by this reference and are subject to change at any time without prior notice to you. All fees are in U.S. Dollars unless specifically identified otherwise. All fees are prepaid and non-refundable. Upon your acceptance of this Agreement and/or the access, download or use of the Program (or any of its Components), you hereby acknowledge and agree that we have the unqualified right, and you hereby authorize us, to automatically charge your credit card (or other authorized payment method) the applicable sales price, subscription and/or account fee, as identified in the Payment Terms, plus any applicable taxes and other surcharges we are required to collect (if any). Thereafter, each time your subscription or account comes up for renewal, or other payment is due by you under the Payment Terms, you hereby acknowledge and agree that we have the unqualified right, and hereby authorize us, to automatically charge your credit card (or other authorized payment method) the applicable then-current renewal rate (or other due amount) plus any applicable taxes we are required to collect (if any). If we do not receive timely payment (as provided in the applicable Payment Terms) and/or are unable to process your credit card (or other authorized payment method) by or at time payment is due (“Payment Failure”), your right(s) to access and otherwise use the Program and/or applicable Components immediately terminate(s), and may remain terminated unless or until the proper payment is made and accepted by Wizards. Additionally, upon Payment Failure, Wizards may, in its sole discretion, terminate your account without prior notice.
The Program and its existing, past or to-be-developed Components, and each of them, may be available to you with or without charge, as described in the Payment Terms. Access to certain features, functions, and/or full or partial portions of the Components and other aspects of the Program may require payment. You may also be provided “trial”, “demo”, “beta” or other limited-functionality or limited-access versions of the Program and/or its Components without (and/or for) charge. Converting an account and/or specific Program version or Components, with trial or limited functionality rights to an enhanced account and/or version of the Program or Components, to a paid account or version, or entering billing information during any during your access to the Program during any trial period or other authorized non-charged access to the Program (provided by Wizards) may result in the termination of your free access and/or account to the Program or applicable Component and you may lose access to the associated information or other data.
You may terminate your account at any time through the account registration process. If you terminate your account for a Program and/or specific Component during any subscription cycle, your rights to use and access that Program or Component terminate at the end of the then-current cycle for that Program or Component and you will not be billed again for that Program or Component unless and until you affirmatively sign up and pay for such Program or Component, unless such termination is provided less than two (2) days prior to the end of the then current payment cycle, in which case you will be charged for one (1) additional billing cycle. We do not give full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Component does not necessarily terminate right(s) you may have for another Programs, Components or offerings from Wizards.
5. Right to Suspend or Terminate Use and Account: We may terminate and/or suspend this Agreement (including any or all access to the Program and/or its Components, and your account) and the EULA immediately and without notice if: (i) you violate any provision of this Agreement or the EULA or other applicable guidelines, code of conduct or policies; (ii) you infringe (or Wizards or any third party believes you have infringed) any third party intellectual property rights or violate any applicable law, rule, treaty or regulation; (iii) we are unable to verify or authenticate any information you provide to us, or conclude any such information is inaccurate or incomplete; and/or (iv) if, as a result of your use or access of your account, the Program or any Component, (including, but not limited to oral, typed or written communication of any kind) that we, in our sole discretion, determine is inappropriate and/or in violation of any policy or Code of Conduct or policies. If we terminate this Agreement, the EULA and/or suspend your account or access to the Program (or any Component), in whole or in part, under any such circumstances, you will lose access to your account and/or the Program, in whole or in part, for the duration of the suspension and/or the balance of any prepaid period and you will not be entitled to any refund for the monies charged, or you agreed to pay, for the Program or Components suspended or terminated. You understand and agree that, for online features, servers are hosted by Wizards (or authorized third parties or designees) at its discretion and may be terminated or otherwise discontinued by Wizards (or authorized third parties or designees) in their sole discretion - and that such discontinuation may disable online functionality.
6. Limited License: Subject to the terms of this Agreement and the EULA (including, but not limited to, the Payment Terms), we hereby grant to you a non-exclusive, non-transferable, personal, revocable license to install and use the Program solely for your personal use via an authorized account and in accordance with this Agreement, the EULA and other terms and conditions referred to herein. You may not copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer all or any portion of the Program or any Component thereof. You may not copy any of the written, digital, electronic or other materials accompanying or related to the Program unless we expressly permit you to do so, and then only to the extent permitted. You may not reverse engineer, decrypt, disassemble or decompile the Program or any software or files included with, used, accessed, stored or distributed through the Program, in whole or in part, except to the extent that this restriction is expressly prohibited by applicable law. The Program may contain digital rights and license management software that restricts and/or monitors your use of the Program and you agree to such monitoring.
7. Wizards’ Intellectual Property: Wizards and its licensors shall retain all right, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Program, its Components, including Services distributed or accessed through the Program, all copies thereof, and all data and information in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Program, and/or its Components available, or otherwise distributed or accessed through the Program (collectively, “Rights”), and that all such Rights are exclusively owned by us or our licensors.
8. User Generated Content: As part of the Program, you can or may be able to create, include, refer to, transfer, upload, stream, display, host, promote, advertise, disseminate, post, make available, distribute, link to or transmit (or facilitate the foregoing for another person) messages, art, artwork, text, displays, images, photographs, names, characters, items, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, sounds, software and other files, items, materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our or third-party servers or websites, or to other users and/or their computers or networks, in various forms, such as in the selections you make for a service, posts, chat, and in chat rooms, forums and message boards, via a friends network and similar user-to-user areas, features and services, which are not owned by Wizards, or to which Wizards does own rights or manage (collectively, your "UGC"). You agree to use the Program and its communication features only to create, send, receive, distribute, display and transmit appropriate messages, files, data and material and for which you have the right to transmit, send, display, distribute and use. Your use of the Program and your UGC, whether in written, digital, oral, machine-readable, electronic or visual form, must comply with the terms and conditions of this Agreement and shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be inappropriate, profane, indecent, unlawful, harmful, threatening, abusive, defamatory, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, harmful to minors, hateful, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; or (d) contain any macro, “bot”, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routine that is intended to or results in damage, detrimentally interferes with products, features or services related to the Program. We may take any action with respect to you, your account and/or your UGC if we believe it may violate the terms of this Agreement or create liability for us or our licensors, suppliers or designees or may cause us or our designees to lose (in whole or in part) the services of our ISPs or other suppliers.
9. Prohibitions: You may not use any software or other tools or devices to modify the Program, in whole or in part, to change or affect the Program or its Components (including Services accessed or distributed through the Program) to gain unfair game play advantages. You may not create, facilitate, host, advertise, promote, link to or provide any other means through which the Program may be accessed, distributed, modified, downloaded or used by others. You may not exploit the Program or any of its Components, features, functions or otherwise for any commercial purpose without prior written consent of Wizards. You may not collect, record, copy, transmit, decrypt, scrape or modify any data, information or other communication displayed, transmitted or used with or through the Program or transmitted between client and server, or between users. You may not take any action which imposes an unreasonable or disproportionately large load on our, or our designees’ or affiliates’, infrastructure, as solely determined by Wizards or its third party service providers. You may not violate, or encourage, induce or facilitate the ability of any other person to violate any applicable local, state, national or international law, rule or regulation, or any Wizards or third party rights. You may not use, copy, transmit, republish, post, transfer, upload, download, attempt to harvest, scrape, provide (whether or not for a fee) or otherwise collect information about others, including user or account names, directories, e-mail addresses or other user or usage information related to the Program (or any portion thereof) or gain unauthorized access to any account, billing information, subscription, computer systems or networks associated with, distributed or accessed through the Program or to otherwise interfere with or disrupt any ability to, use or enjoy the use of the Program, accounts, subscriptions, computer systems or networks connected to, distributed or accessed through the Program. You may not obtain or attempt to obtain any data, materials or information through any means not intentionally made available or provided for through the Program. You may not use access to the Program to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the Program. You shall not develop, help to create or use any tools of any kind (software, services or otherwise) provided by third parties to enhance or modify the performance of the Program or any of its Components in order to gain unfair game play advantages You agree to not disclose your login credentials or any other related personally identifiable or confidential information to any third party
You agree that when using the Program, you shall not: use the Program in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; create a false identity for the purpose of misleading others; download any file, code, music, video, data or other material transferred by another user of the Program that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred; and/or violate any Code of Conduct or other guidelines which may be applicable to the Program or its Components, including any Services distributed, accessed, sold, licensed or made available through the Program.
10. Account Requirements: To use the Program and obtain an account, you will be required to choose both a login ID and a user name. You are encouraged not to use your real name, especially if you are a Child. You may not pick a name that is inappropriate, offensive or violates any other’s trademarks, publicity rights or other proprietary rights, and Wizards may require you to change any login name or player or user name that violates such rights or any applicable user or other policies.
11. Privacy Notice: You are subject to the terms and conditions, privacy customs and policies of Wizards while on any Wizards website (such as Wizards of the Coast, Press Releases and related sites and sub-sites) and in connection with use of your account and the Program, which terms and conditions, policies and customs are incorporated herein (as referenced above). The Program may allow you to link to, view or interact with third-party websites and services that are not under the control of Wizards and Wizards is not and shall not be responsible for the content, materials, advertisements, promotions, offers, products, services, activities, conduct, acts or omissions of, or made available by, any such websites or third parties. Except as may be expressly stated by Wizards, Wizards does not endorse, sanction, approve or support such websites, third parties or services or any content, data or opinions found or expressed therein. You are solely responsible for reviewing and complying with any privacy statements and terms of use in connection with such websites or third parties and for any dealings with third parties (including advertisers) you may have in connection with any advertisement, website, link or interaction allowed through or from the Program, including the delivery of and payment for goods and services offered by Wizards or a third party. Since we do not control other websites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching, modifying, enhancing and updating the Program and ensuring the integrity of the Program and enforcing the terms of this Agreement, you hereby consent, approve and grant us permission to (i) upload Program-related file information and data from the Program directory and (ii) download Program files and data to you.
12. Limited Warranty: WE PROVIDE THE PROGRAM, COMPONENTS, ACCOUNT AND ALL OTHER SOFTWARE, SERVICES, FEATURES, PRODUCTS AND DOCUMENTATION "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of the Program, features, products or services offered, distributed or accessed through the Program or your account, that defects in the Program may be corrected, or continued operation or availability of any given server, feature, product, service, software, art, graphics or other content; Wizards may change, modify, disable, suspend or remove any such product, service, content, feature, function or server, in whole or in part, in its sole discretion. Wizards does not control or endorse UGC or the related content, messages, data, files, video, audio, graphics or information exchanged by means of the Program and, therefore, Wizards specifically disclaims any liability with regard to the Program and any actions resulting from your use of the Program and/or UGC. You acknowledge that the Program has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Program as described in the documentation meets your requirement. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages, so the above limitations and/or exclusions of liability may not apply to you or will only apply to the extent permitted by the applicable law.
We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access the Program, any specific Software, products, features or Services, or other content, or your account, whenever you want, and there may be extended periods of time when you cannot access the foregoing (in whole or in part).
13. Indemnification: You agree to indemnify, defend and hold harmless Wizards, Wizards’ parent, subsidiary and affiliated companies, licensors and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, designees and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you of this Agreement or the foregoing representations, warranties and covenants, (ii) any act or failure to act by you, including but not limited to, any acts by you which cause Wizards to terminate, suspend or limit your account or access to or use of the Program, (iii) your installation, use of or access to the Program and any other hardware or software required or used to access or use the Program, including use of or access to the internet or (iv) your UGC and/or UGC Claims. You assume the entire risk as to the results and performance of the Program in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM REMAINS WITH THE USER.
14. Limitation on Wizards’ Liability: IN NO EVENT SHALL WE, OUR PARENT, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, ITEMS, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE PROGRAM (AND/OR ANY COMPONENTS THEREOF), YOUR ACCOUNT, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE PROGRAM, THIS AGREEMENT, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE PROGRAM OR THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF WIZARDS, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST WIZARDS, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE WIZARDS AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, DEATH, PERONAL INJURY, GROSS NEGLIGENCE OR FRAUD) SO THEY MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
15. Compliance with Law: You shall comply with all applicable laws regarding your installation, copying and use of the Program (and all Components thereof), your access to your account and your use of any product or Service made available through the Program. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Program (or any portion thereof) except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States. The Program (or any portion thereof) may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (including, but not limited to, the Denied Persons List). By downloading, installing, copying and/or using the Program, 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.
16. Governing Law: To the maximum extent permitted by law, this Agreement is governed in all respects by the laws of the State of Washington. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in the State of Washington and further agree that any cause of action relating to this Agreement shall be brought in King County, in the State of Washington or the Western District of Washington (as applicable). If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this Agreement may not be amended except in a writing signed by both parties. The Program is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.
