Dark and Light End User License Agreement


Updated December 20th, 2006
You should carefully read the following End User License Agreement before installing this software program. By installing, copying, or otherwise using the software program, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please press "cancel" to exit the installation
This software program, and any files that are delivered to you by Farlan Entertainment (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "manual"), and any and all copies and derivative works of such software program and materials (collectively, with the "Game Client" defined below, the "Game") are the copyrighted work of Farlan Entertainment or its suppliers and licensors (collectively referred to herein as "Licensor"). All use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). The Game may only be played by obtaining from Licensor access to the dark and light massively multi-player on-line role-playing game service (the "Service"), which is subject to a separate Terms of Service Agreement (the "Terms of Service"). The Game is distributed solely for use by authorized end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.
We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your account. Such amendments shall be effective whenever we make the notification available for your review. Except as provided hereinabove, this Agreement may not be amended except in a writing signed by both parties.

Membership and registration
Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I accept" button, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. You may not transfer or share your account with anyone, except that if you are a parent or guardian, you may permit one child to use the account instead of you (in which case you may not use that account). You are liable for all activities conducted through the account, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure accounts.
To play the Game, you must (i) receive through a Farlan Entertainment-authorized channel the Game or applicable files which we may make available for direct download, which includes software required for the Game (the "Software"), (ii) have at least the minimum system requirements to operate the Game and an internet connection (both of which we do not provide) to access your account. You are responsible for all hardware, software, service and other costs you incur to access your account. Neither this Agreement nor your account entitles you to any subsequent releases of the Software, nor to any expansion packs or similar ancillary products, without paying applicable charges. You understand that we may update or otherwise enhance the software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. You understand that online games evolve over time and, accordingly, system requirements to play the Game may change over time.
Upon registration, you must select a password. You may not disclose your password to any third party. We never ask you for your password by telephone, in-game communication, live-chat or email, and you should not disclose it this way if someone asks you to do so. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that by using this feature third parties may be able to access your computer and thus your account.

Dark and Light Offers Policy
Dark and Light is an online game. It is available for digital download only on the Dark and Light website: www.darkandlight.com/download. Digital download is a software-only purchase; FARLAN ENTERTAINMENT will not send anything to its customer: this software will need to be downloaded to your computer, but no physical box, discs or other materials will be provided to you. You must have this software for each account you wish it to be enabled; you must download the game's files to each machine on which you wish to play these games. A valid credit card is required to create a Master or a Freedom account.

Dark and Light is available with three different account types, free account, with and without subscription accounts: Discovery Account, Master Subscriber and Freedom Card.

Discovery Account
Every member of the Dark and Light Forum find their account automatically upgraded into a Game Account. Moreover, each new member of the Dark and Light community gets an active Game Account.
This access is valid for the whole lifetime of Dark and Light. The goal is to give its members the chance to start an unlimited adventure in the world of Ganareth up to Level 10.
Beyond the 10th level, the gamer can still continue the adventure. However, he will not be able to collect his XP points (Fighting, Social, and Craft). If the gamer decides to continue a normal adventure in Dark and Light, he will have to buy a Dark and Light activation key and will have to choose to be either a Freedom or a Master player.
For more information about the different offers available of Dark and Light, click here.

Master and Freedom offers FAQ

Master and Freedom Accounts
An account becomes active when a Dark and Light forum account is created.
The Dark and Light activation key is USD29, 99 or €29, 99 (Prices in Euros include local VAT). It permits a direct access to the game Dark and Light, without subscribing to monthly payment or Game Credits.
The Game Credits bought as the holder of a Freedom Card will remain at your disposal for up to one year after your last connection to Dark and Light.

The Dark and Light players can decide to unsubscribe by contact the Dark and Light Self Service at this address: http://www.darkandlight.net/support.
The account will be stopped on the day following the last billing cycle. Avatar possessions will be recorded for a maximum of one year, as per the following rule.
In any case, all the players who ask for unsubscribe keep a free access to the game. Accounts are not definitely closed but no more fees or monthly subscription are collected. All the Dark and Light up-to-date accounts remain active without any limit regarding connection time for a maximum length of one year after the last connection to the Dark and Light server.

Game credits can be bought through the account management panel, located on the Dark and Light website, but are used within the game when specific actions are performed, which are detailed in the table provided above.
You may recharge your account with game credits whenever you wish on http://www.darkandlight.com/en_start-playing-dark-and-lightfor.html
- 15 Game Credits : USD9,99
- 30 Game Credits : USD19,99
- 45 Game Credits : USD29,99

Monthly fees:
- Every month: USD9,99 or €9,99
- Every three months: USD26,97 or €26,97
- Every six months: USD47,94 or €47,94

More information about Dark and Light offers are available here: www.darkandlight.net/support

Sales & refund policy
We describe our fees and billing procedures above and at this address: www.darkandlight.com/billing, which are incorporated by reference and are subject to change at any time. All fees are stated in U.S. Dollars or Euros unless otherwise specified. Upon your acceptance of these terms, we have the right to automatically charge your credit card of the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, each time your Account comes up for renewal, we have the right to charge your credit card the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately suspended. The Dark and Light Activation Key shall activate your Account for a period of one year, starting on the date of your first connection to the game Dark and Light. If you terminate your Account during any subscription cycle, your Account will be closed at the end of the then-current cycle and you will not be billed again unless you affirmatively reopen the Account. We do not give full or partial refunds for subscription periods that you have purchased.

Fees paid for any subscription term or pay-per-use are paid in advance, and charged on your credit card or other payment associated on your account. Dark and Light clients benefit from a 7 days retractation period, starting from the day of purchase of the Dark and Light Activation Key. Once this period is drained, any sale is final. It is impossible to cancel the purchase or to obtain a refund in whole or in part.
Subscriptions fees and any applicable taxes that we are required to collect will be debited automatically, at the beginning of the term you subscribed for and therefore at the beginning of each renewal period. The amount debited will be the then-current renewal rate plus applicable taxes.
A full refund will be granted within 30 days of purchase for duplicate purchases or billing errors.
All requests concerning the billing shall be submitted through the Dark and Light Support Section on www.darkandlight.net/support.

Termination
We may terminate this Agreement (including your software license and your account) and/or suspend your account immediately and without notice: (i) if you violate any provision of this Agreement; (ii) infringe any third party intellectual property rights; (iii) if we are unable to verify or authenticate any information you provide to us; (iv) upon Game play, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game; (v) upon any violation of the Terms of Service. If we terminate this Agreement or suspend your account under these circumstances, you will lose access to your account for the duration of the suspension. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game.
You may terminate your account at any time through the registration process. Your account will be closed at the end of the then-current subscription period, and you will not be billed again, unless you positively reopen it.

Privacy
We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via telephone, email and any similar technology for any purpose relating to the Game, the Software and any services or software which may in the future be provided by us or on our behalf. Solely for the purpose of patching and updating the Game and/or software and ensuring the integrity of the Game, you hereby grant us permission to (i) upload Game-related file information and data from the Game directory and (ii) download Game files to you. You acknowledge that any and all character data is stored and is resident on our servers, and any and all communications that you make within the Game (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents, you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. You acknowledge and agree that we may transfer Game and your account information (including your personally identifiable information and personal data) to government agencies or may share such information with our licensees and agents in connection with the Game.

Duration of the "on-line" component of the Game
This Game is an 'on-line' game that must be played over the internet through the Service, as provided by Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Service.

General disclaimer and limitation of liability
The Software, the account, the Game and all other services are provided "as is." We and our suppliers expressly disclaim all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, noninfringement, merchantability and fitness for a particular purpose. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the the Software, the Game, your account or continued operation or availability of our servers. This warranty gives you specific legal rights and you may also have other legal rights which depends on the country in which you reside.
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 your account whenever you want, and there may be extended periods of time when you cannot access your account. You assume the entire risk as to the results and performance of the Software and the Game 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.
You promise, therefore, that you will never assert or bring any claim or suit against Farlan Entertainment, nor any of their affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, which is related to or based on (i) a claim that you “own” any virtual goods in the Game, (ii) a claim for the “value” of virtual goods if Farlan Entertainment deletes them (and/or terminates your account(s)) if you or anyone acting in concert with you violates any provision of this Agreement, Farlan Entertainment's Terms of Service and/or Farlan Entertainment's privacy policy (all of which are posted at a link at www.dnl.net), (iii) a claim for the “value” of virtual goods that you may lose if Farlan Entertainment does anything that it is entitled to do pursuant to any provision of this Agreement, Farlan Entertainment's Terms of Service and/or Farlan Entertainment's privacy policy, or for any malfunctions and/or “bugs” in the Game, and/or (iv) a claim that the “value” of any virtual goods has increased or decreased by virtue of any Game modification that Farlan Entertainment has made or will make .

Farlan Entertainment reserves the right to limit some accesses to the game Dark and Light and for a length determined by Farlan Entertainment to guarantee the good stability of the game servers.

Grant of a limited use license
The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through your account with the Service (your "Account"). Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Service Agreement, which you must accept before you can use your account to play the Game through access to the Service. Licensor reserves the right to update, modify or change the Terms of Service at any time.
Subject to the grant of license hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this section shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability.
We and our suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Software and the Game, all copies thereof, and all game character data 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 Software or the Game, including, without limitation, in any artwork, music, character(s), item(s), coin(s) or other material or property, and/or any compilation or copyrightable arrangement of any of the above (collectively, “Rights”), and that all such property, material, items and Rights are exclusively owned by us.
You agree that you shall not, under any circumstances, (i) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others; (ii) Exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose, including, but not limited to, use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Farlan Entertainment; or (iii) host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or (iv) create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Licensor for public use.

Miscellaneous
Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Licensor may update the Game remotely, including, without limitation, the Game Client residing on the user's machine, without knowledge or consent of the user, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game.
You shall comply with all applicable laws regarding your use of the Software, your access to your account and your playing of the Game. Without limiting the foregoing, you may not download or use the Software except in full compliance with all applicable laws and regulations.
This Agreement is governed in all respects by the laws of the republic of mauritius. 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. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof.