Legal Concerns

[Phage]

I know that there has been a lot of discussion about the concept of buying 40th level characters while other people can only reach something like level 32... and because of this I really have no interest in if such a thing is fair. I do have some concerns about the legality of such actions.

Below is the copy/pasted End-User License Agreement for Neverwinter Nights, direct from my install directory. I have bolded and colored the relevant areas, as I am sure nobody really wants to read it all.

-------------
END-USER LICENSE AGREEMENT
--------------------------

Atari, Inc., ("Atari, Inc.") AND BIOWARE CORP. ("BIOWARE") ARE WILLING
TO LICENSE THE SOFTWARE (as defined below) TO YOU ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE (the "License") AND INDICATE
YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT" BUTTON. PLEASE READ THE TERMS
CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON. BY CLICKING THE "I ACCEPT"
BUTTON, AND/OR BY LOADING OR RUNNING THE SOFTWARE, BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE,
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS,
DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE DISC OR CARTRIDGE IN ITS
ORIGINAL PACKAGING TO THE PLACE OF PURCHASE.

"Software" shall mean the game, toolkit, and all other software contained
on this disc or cartridge, all updates and/or patches thereto, any accompanying
documentation, all on-line components, restricted-access NEVERWINTER NIGHTS
community websites, and other BioWare or Atari, Inc. game-related services
(including all CD-authentication components).

1. Grant of License. The Software is licensed to you, not sold, by Atari, Inc.,
and its use is subject to this License. Atari, Inc. grants to you a
limited, personal, non-exclusive right to use the Software in the manner
described in the user documentation. If the Software is configured
for loading onto a hard drive, you may load the Software only onto
the hard drive of a single machine and run the Software from only
that hard drive. You may permanently transfer all rights Atari, Inc. grants
to you in this License, provided you retain no copies, you transfer all
of the Software (including all component parts, the media and printed
materials, the CD-authentication key, and any upgrades), and the recipient
reads and accepts this License. Atari, Inc. and BioWare reserve all
rights not expressly granted to you by this License.

2. Restrictions. Atari, Inc., BioWare, and/or their suppliers own the title,
copyright, and other intellectual property rights in the Software.
The Software contains copyrighted material, trade secrets and other
proprietary material. You may not delete the copyright notices or any
other proprietary legends on the original copy of the Software.
You may not decompile, modify, reverse engineer, disassemble or
otherwise reproduce the Software. You may not copy, rent, lend, lease,
sublicense, distribute, publicly display, create derivative works based
upon the Software (except as provided in Section 3 below) or otherwise
commercially exploit the Software (including, without limitation,
hosting pay-per-play servers). You may not electronically transmit the
Software from one computer, console or other platform to another
or over a network.

3. End-User Variations. So long as you fully comply, at all times,
with this License, Atari, Inc. grants to you a limited, personal, revocable,
non-exclusive right to: (i) use the Software's toolset feature to create
your own NEVERWINTER NIGHTS modules ("Modules"), and (ii) create your
own modifications to work with the Software (e.g., custom data files not
created using the toolset) (the "User Conversions", and together with the
Modules, the "Variations"). Your rights to create Variations are subject
to the following restrictions: (1) your Variations must only work with
the full commercial version of the software game NEVERWINTER NIGHTS;
(2) your Variations must not contain modifications to any executable file;
(3) your Variations must not contain any libelous, defamatory, pornographic,
obscene, or other illegal material, material that is scandalous or
invades the rights of privacy or publicity of any third party, or
contain any trademarks, copyright-protected work or other property of
third parties, or contain any viruses, worms, or other malicious code;
and (4) you may not rent, sell, lease, lend, offer on a pay-per-play or
timesharing basis or otherwise commercially exploit or commercially distribute
your Variations (including, without limitation, hosting pay-per-play servers,
hosting pay-per-download web-sites for Variations including sites that charge
for bandwidth use, and independently selling Variations online, at retail,
mail order, etc.). Without limiting the foregoing, you expressly acknowledge
and agree that in no event shall you have the right or license to make any
modification (whether using the toolkit or otherwise) to any portion of
the Software for the purpose of creating any data file, executable,
or other derivative work that is intended to operate in a stand-alone mode,
with any pre-release or beta version of NEVERWINTER NIGHTS, or any software
program other than NEVERWINTER NIGHTS.

4. Distribution and Serving of Modules and User Conversions. So long as you
fully comply at all times with this License, Atari, Inc. grants to you the
limited, personal, revocable, non-exclusive right to: (i) distribute your
Modules or User Conversions by means of providing a copy of the actual Module
or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.)
(collectively "Distribute"); and (ii) to allow other users to play your Modules
by means of hosting your own NEVERWINTER NIGHTS server whereby you retain
sole possession of your Module (collectively "Serve") (Serving User
Conversions is not possible).

5. Atari, Inc.' and BioWare's Use of Variations. If you Distribute, or
permit others to Distribute, your Variations, you hereby grant back to
Atari, Inc. and BioWare an irrevocable royalty-free right to use and
distribute such Variations by any means, and to make such modifications
thereto as Atari, Inc. and/or BioWare deem are necessary to package,
combine, and otherwise distribute such Variations. If you do not wish
to grant these rights to Atari, Inc. and BioWare, you must not Distribute
your Variations (although you may Serve your Modules). Atari, Inc. and
BioWare will make a reasonable effort to provide credit to you in the
event it uses or distributes your Variations, but you acknowledge that
identifying you and/or other Variation creators may be difficult, and
any failure by Atari, Inc. and/or BioWare to provide credit to any person
shall not be a breach of this License and shall not limit Atari, Inc.' or
BioWare's rights to use and distribute any Variation.

6. Revocation of Rights. Atari, Inc. and/or BioWare may at any time and in
their sole discretion revoke your right to make your Variations publicly
available (whether you are Distributing or Serving), provided that Atari, Inc.
and/or BioWare shall not revoke your right to Distribute a Variation
if Atari, Inc. and/or BioWare is, at the time of such revocation, using
or distributing such Variation.

7. Termination. This License is perpetual and may not be terminated except
by mutual written agreement of the parties hereto. However, your rights to
use the Software, as set forth above: (i) may be terminated by you at any time,
by destroying the Software; or (ii) will terminate immediately without notice
from Atari, Inc. or BioWare if you fail to comply with any provision of
this License (in which event, you must destroy the Software).

8. Disclaimer of Warranty on Software. You are aware and agree that use
of the Software and the media on which it is recorded is at your sole risk.
The Software and the media are provided "AS IS." Unless otherwise provided
by applicable law, Atari, Inc. warrants to the original purchaser of this product
that the Software storage medium will be free from defects of materials
and workmanship for ninety (90) days from the date of purchase.
This warranty is void if the defect has arisen through accident, abuse,
neglect or misapplication.

9. Disclaimer of Other User Conduct and Gameplay Risks. You agree
and acknowledge that an integral feature of NEVERWINTER NIGHTS is
the ability to play online with other game users, including playing
Variations created by other users. Atari, Inc. and BioWare specifically
disclaim any warranties relating in any way to such user-created content,
and you agree that neither Atari, Inc., BioWare, their assignees or successors,
nor any of their licensors or suppliers shall in any way be responsible
for the content or functionality of such user content. You further
agree and acknowledge that while playing multi-player games, you may be
subject to conduct of other users that may impact your own gameplay
and characters, or that you may find objectionable or offensive.
Atari, Inc. and BioWare also specifically disclaim any warranties relating
to the conduct of other users (including in-game, and in game-related forums,
chatrooms, etc.), and you agree that neither Atari, Inc., BioWare,
their assignees or successors, nor any of their licensors or suppliers
shall in any way be responsible for the conduct of other users.

10. Disclaimer of Other Content. As a service to you, Atari, Inc. and BioWare
may include with the Software third party drivers and other software
utilities intended to assist you with installing and operating the Software
(collectively, the "Drivers"). Atari, Inc. and BioWare specifically disclaim
any warranties relating to the Drivers, and you agree that your use of
the Drivers is at your own risk. The Drivers are not part of the Software
and shall not be governed by the terms and conditions of this License
except for and to the extent of this disclaimer.

11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE,
Atari, Inc. AND BIOWARE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER Atari, Inc. NOR BIOWARE WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY Atari, Inc., BIOWARE OR ANY Atari, Inc.
OR BIOWARE-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL Atari, Inc. OR BIOWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE
THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
Atari, Inc. OR BIOWARE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
IN NO EVENT SHALL Atari, Inc.' OR BIOWARE'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold
harmless Atari, Inc., BioWare, and each of their respective officers,
employees, directors, agents, licensees (excluding you), successors
and assigns from and against all losses, lawsuits, damages, causes
of action and claims relating to and/or arising from your breach
of this License, distribution or any use of any Variations, and/or
any other use of the Software. You agree that your unauthorized use
of the Software, or any part thereof, may immediately and irreparably
damage Atari, Inc., BioWare, or both of them such that neither Atari, Inc.
nor BioWare could be adequately compensated solely by a monetary award
and that at Atari, Inc.' or BioWare's option, Atari, Inc. and/or BioWare
shall be entitled to an injunctive order, in addition to all other
available remedies including a monetary award, appropriately restraining
and/or prohibiting such unauthorized use without the necessity of Atari, Inc.
or BioWare posting bond or other security. Your obligations set forth
in this Section shall survive the cancellation or termination of this License.

14. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH CONTROLLING U.S. FEDERAL LAW AND THE LAWS
OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS
OF LAW JURISPRUDENCE. THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR
ARISING OUT OF THIS LICENSE SHALL BE IN NEW YORK COUNTY, NEW YORK, AND
YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN NEW YORK COUNTY,
NEW YORK FOR ANY SUCH LITIGATION.

15. Miscellaneous. Nothing herein shall be deemed to supercede or derogate
from Atari, Inc.' or BioWare's remedies at law for any violation of this
License or applicable law. If any provision of this License is unenforceable,
the rest of it shall remain in effect. This License constitutes the entire
agreement between you, Atari, Inc., and BioWare with respect to the use
of the Software and the support services (if any) and supersedes all prior
or contemporaneous oral or written communications and representations with
respect to the Software or any other subject matter covered by this License.

NEVERWINTER NIGHTS Developed by BioWare Corp.

C 2002 Infogrames Entertainment, S.A. All Rights Reserved. Portions
C 2002 Bioware Corp. Manufactured and marketed by Infogrames, Inc.,
New York, NY. BioWare Aurora Engine copyright 1997-2002 BioWare Corp.
All Rights Reserved. BioWare, the BioWare Aurora Engine, and the
BioWare Logo are trademarks of BioWare Corp. All Rights Reserved.
Neverwinter Nights, Forgotten Realms, the Forgotten Realms logo,
Dungeons & Dragons logo, Dungeon Master, D&D, and the Wizards of the
Coast logo are trademarks owned by Wizards of the Coast, Inc.,
a subsidiary of Hasbro, Inc. and are used by Infogrames Entertainment,
S.A. under license. All Rights Reserved. Windows and Windows 95/98/2000
are registered trademarks of Microsoft Corporation. All Rights Reserved.
The ratings icon is a trademark of the Interactive Digital Software
Association. All other trademarks and copyrights are the property of
their respective owners.

Windows(r) and DirectX(r) are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries.

Pentium(r) is a trademark or registered trademark of Intel Corporation or its
subsidiaries in the United States and other countries.

NEVERWINTER NIGHTS: Shadows of Undrentide Developed Jointly by BioWare Corp. and Floodgate Entertainment

C 2002 Atari Inc, S.A. All Rights Reserved. Portions
C 2002 Bioware Corp. Manufactured and marketed by Atari Inc.,
New York, NY. BioWare Aurora Engine copyright 1997-2002 BioWare Corp.
All Rights Reserved. BioWare, the BioWare Aurora Engine, and the
BioWare Logo are trademarks of BioWare Corp. All Rights Reserved.
Neverwinter Nights, Forgotten Realms, the Forgotten Realms logo,
Dungeons & Dragons logo, Dungeon Master, D&D, and the Wizards of the
Coast logo are trademarks owned by Wizards of the Coast, Inc.,
a subsidiary of Hasbro, Inc. and are used by Atari Inc,
S.A. under license. All Rights Reserved. Windows and Windows 95/98/2000
are registered trademarks of Microsoft Corporation. All Rights Reserved.
The ratings icon is a trademark of the Interactive Digital Software
Association. All other trademarks and copyrights are the property of
their respective owners.

Windows(r) and DirectX(r) are either registered trademarks or trademarks of
Microsoft Corporation in the United States and/or other countries.

Pentium(r) is a trademark or registered trademark of Intel Corporation or its
subsidiaries in the United States and other countries.

[Kromix]

you are "Tecnically" NOT buying because they as for a donation, no in a thankyou note for this donation they will give you what they esteem fair, Sortof...

Donating to the server is not illegal, and the server thanking you with Xp is not illegal either...

[Kromix]

You may not copy, rent, lend, lease,
sublicense, distribute, publicly display, create derivative works based
upon the Software (except as provided in Section 3 below) or otherwise
commercially exploit the Software (including, without limitation,
hosting pay-per-play servers)

it is not PAY-per-Play, you are Free to log in anytime, but you can donate if u wish

[Kromix]

(4) you may not rent, sell, lease, lend, offer on a pay-per-play or
timesharing basis or otherwise commercially exploit or commercially distribute
your Variations (including, without limitation, hosting pay-per-play servers,

same thing...

[Kromix]

Hence THIS

Donation Benefits

Besides supporting our community and helping fund this project,
We will be giving out rewards for various levels of donations on either NS4 or NS3 shards.:

NS4 Rewards:
$25-49 - 100,000 XP and 500,000 Gold on one character.
$50-99 - 250,000 XP and 1,000,000 Gold and Wings of your choice on one character.
$100-250 - Above plus your choice of any one item in the game that you can name and that drops off a monster
$250+ - One character of your choice is set to level 40.

NS3 Rewards:
$25-99 - 250,000 XP and Wings of your choice
$100-250 1 Character on one shard is set to level 40 plus your choice of one item in the game that drops off a creature that you can name. (DM will issue)
$250+ Character appearance changed to any normal sized creature or Wings/Tail given plus level set to 40.



Any reward given by a donation is valid so long as the server is active and the vault intact. We are not responsible for rewards lost due to your account being banned or the server going down. (IE Vault Wipe)

Contact DeputyDog via pm on the boards or via email for more info.

it does not say "buy" anywhere, but it is refered to as buying the character because mainly that is the intention of the people that donate

[Phage]

"otherwise commercially exploit the Software"

That part seems pretty difficult to wiggle out of. Providing regularly unattainable status to users who donated with the understanding of receiving such a reward would certainly seem to qualify.

[Kromix]

"otherwise commercially exploit the Software"

That part seems pretty difficult to wiggle out of. Providing regularly unattainable status to users who donated with the understanding of receiving such a reward would certainly seem to qualify.

that is not the server's fault... all they do is accept a donation no matter the cause, then give you a tankyou note... server is oblivious of the donnator's intentions

[DeputyDog]

End of thread