EULA - Downloaded from the Wizards Community, all coding removed by Solauren

Post/Author/DateTime	Post
#1 kradlo Oct 15, 2008 9:59:49	I just read over the EULA, and most of it is standard legal boilerplate, virtually required in these overly litigious days. But there is one sticking point: Section 3. 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.
#2 athzar Oct 15, 2008 18:31:23	Hate to sound like a negative nanny, but you almost certainly won't get that. This sort of thing is included in just about every EULA out there. Commonplace example? In World of Warcraft, Blizzard can theoretically cancel your subscription at any time for any reason without any refunding to you (OMG D&D4e is WoW). So I really doubt you'll get the provision you want. That said, unless WotC is planning some sort of credibility-killing-money-grab (cancel D&Di a month from now then keep all the fees), that paragraph is mostly incase they need to add something (especially regarding community treatment) and to ensure that they aren't liable if their servers break or something like that and they can't continue to offer the service. Still, up to you. But don't expect to get that provision in the agreement.
#3 fatumd20 Oct 15, 2008 19:46:27	Athzar is correct. This clause is extremely common in most EULA's and is not unexpected by most 3PP. Don't hold your breath on waiting for this to be changed.
#4 kradlo Oct 16, 2008 19:11:52	Thanks for the reply. I've never played any of the online games, so I wasn't aware that this type of clause was common. I'm not one to assume sinister intent on the part of WotC; I was just taken aback by the clause. I guess I'll have to trust in their good intentions.
#5 athzar Oct 18, 2008 0:02:51	It's a crappy clause, but what can you do, eh?
#6 argent_mantle Oct 19, 2008 18:35:46	It's a crappy clause, but what can you do, eh? On a completely humorous note: READ CAREFULLY. By reading this post, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer. On a more serious note, realistically, not much. One of the important things to remember is that with D&DI you are getting a service. The big catch will be with Dragon and Dungeon (as to whether they will be considered products.) If they are products and not part of the service, you can chargeback WotC if your account is canceled. Most credit card companies and PayPal allow you to chargeback a merchant if they fail to deliver the product to you.

Post/Author/DateTime

Post

kradlo

Oct 15, 2008 9:59:49

I just read over the EULA, and most of it is standard legal boilerplate, virtually required in these overly litigious days. But there is one sticking point: Section 3.

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.

athzar

Oct 15, 2008 18:31:23

Hate to sound like a negative nanny, but you almost certainly won't get that. This sort of thing is included in just about every EULA out there. Commonplace example?
In World of Warcraft, Blizzard can theoretically cancel your subscription at any time for any reason without any refunding to you (OMG D&D4e is WoW).

So I really doubt you'll get the provision you want. That said, unless WotC is planning some sort of credibility-killing-money-grab (cancel D&Di a month from now then keep all the fees), that paragraph is mostly incase they need to add something (especially regarding community treatment) and to ensure that they aren't liable if their servers break or something like that and they can't continue to offer the service.

Still, up to you. But don't expect to get that provision in the agreement.

fatumd20

Oct 15, 2008 19:46:27

Athzar is correct. This clause is extremely common in most EULA's and is not unexpected by most 3PP. Don't hold your breath on waiting for this to be changed.

kradlo

Oct 16, 2008 19:11:52

Thanks for the reply. I've never played any of the online games, so I wasn't aware that this type of clause was common.

I'm not one to assume sinister intent on the part of WotC; I was just taken aback by the clause.

I guess I'll have to trust in their good intentions.

athzar

Oct 18, 2008 0:02:51

It's a crappy clause, but what can you do, eh?

argent_mantle

Oct 19, 2008 18:35:46

It's a crappy clause, but what can you do, eh?

On a completely humorous note:

READ CAREFULLY. By reading this post, you agree, on behalf of your employer, to release me from all obligations and waivers arising from any and all NON-NEGOTIATED agreements, licenses, terms-of-service, shrinkwrap, clickwrap, browsewrap, confidentiality, non-disclosure, non-compete and acceptable use policies (”BOGUS AGREEMENTS”) that I have entered into with your employer, its partners, licensors, agents and assigns, in perpetuity, without prejudice to my ongoing rights and privileges. You further represent that you have the authority to release me from any BOGUS AGREEMENTS on behalf of your employer.

On a more serious note, realistically, not much. One of the important things to remember is that with D&DI you are getting a service. The big catch will be with Dragon and Dungeon (as to whether they will be considered products.) If they are products and not part of the service, you can chargeback WotC if your account is canceled. Most credit card companies and PayPal allow you to chargeback a merchant if they fail to deliver the product to you.