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EQEmulator Terms of Service
Server Operators
All use of the EQEmulator project software, website, and related systems (collectively, “EQEmulator”), is subject to your agreement and compliance with the following terms and conditions (the “Terms”). EQEmulator is a fan-based project and is intended for non-commercial use only.
EQEmulator is an independent, fan-maintained open-source project. It is not affiliated with or endorsed by Daybreak Game Company LLC. All use of Daybreak intellectual property remains subject to Daybreak’s rights, and Daybreak may at any time request modification or termination of any EQEmulator server. These Terms are designed to preserve the integrity of the EQEmulator project and to ensure that it remains a lawful, non-commercial, fan-supported legacy community.
The EQEmulator software is released under an open-source license (currently GPL-3.0). These Terms govern your access to and use of the EQEmulator services and infrastructure, not your rights under that software license. The open-source license remains subject to its own terms and conditions.
These Terms apply to you and any entity you control that installs, runs, maintains, or otherwise operates an EQEmulator server. You agree to the following:
1. EQEmulator servers shall at all times be operated strictly as non-commercial, not-for-profit, fan-based projects.
2. EQEmulator servers must not offer anything of value in exchange for payments, donations, or any other form of remuneration, and shall not engage in any form of commerce. For example, and without limitation, the following are all prohibited: game subscriptions, software, DLC, in-game items (micro-transactions), game-related services, premium access, or any other physical goods, virtual goods, or services.
3. In addition, EQEmulator servers, or projects incorporating an EQEmulator server, may not generate or accept revenue by indirect means, including without limitation though advertising, sponsorships, affiliate programs, referral links, or any other arrangement intended to produce monetary or in-kind value. Non-commercial streaming or video content (for example, players sharing gameplay on Twitch or YouTube) is permitted, provided it does not promote, solicit, or facilitate donations, paid memberships, or other financial transactions in connection with an EQEmulator server.
4. EQEmulator servers must always be completely free to play with no charges for anything at all.
5. You shall not access, copy, modify, distribute, or use any Daybreak server-side software in connection with your development, testing, or operation of any EQEmulator server.
6. You shall not copy, modify, or distribute any EverQuest client software, nor shall you instruct or induce any other person copy, modify, or distribute any EverQuest client software, except that a server operator may modify a user’s client data files (but not executable files) as approved by Daybreak in writing with the EQEmulator Administrator. All EQEmulator users (i.e. players) shall be required to obtain an official EverQuest physical game disc in order to play an EQEmulator game. You shall not encourage, induce, or assist any user in obtaining any pirated or unauthorized copy of the EverQuest client software.
7. All EQEmulator gameplay must remain exactly the same as the original EverQuest game. You shall not add, alter, or introduce any scripts, plug-ins, artwork, maps, assets, or other materials that change, extend, or replace the original EverQuest gameplay experiences, rules, mechanics, character traits, artwork, or strategies. Notwithstanding the foregoing, you are permitted to make minor changes or additions to add custom content (e.g., a new NPC, a new quest, a holiday event, etc.) provided that (i) you do not materially alter the difficulty of the game or fundamental gameplay mechanics, and (ii) by adding such custom content you agree to enforce a lower player cap as specified in Section 9, below.
8. Each EQEmulator server shall be maintained at all times as a legacy fan project and will never be operated in conjunction with any EverQuest expansion other than the following: The Ruins of Kunark, The Scars of Velious, The Shadows of Luclin, The Planes of Power, The Legacy of Ykesha, The Lost Dungeons of Norrath, Gates of Discord, Omens of War, Dragons of Norrath. This limitation applies to all game content, features, and assets associated with later expansions, even if those assets are imported or adapted for use with earlier-era gameplay. You understand and agree that this preservation of the original EverQuest experience is essential to maintaining the fan-based and non-commercial nature of the EQEmulator community.
9. Each EQEmulator game shall be operated as a single server with a population cap, such that the number of concurrent users playing on the server at any given time shall not exceed eight hundred (800); provided, however, in the event you add custom content in accordance with section 7, above, the enforced player cap shall be four hundred (400).
10. Under no circumstance may any person operating an EQEmulator server create or utilize any commercial operation or business entity in connection with their server.
11. You shall not engage in any marketing or advertising of any EQEmulator server. You may, however, discuss your server with others on websites and forums dedicated to emulators.
12. You shall comply with all applicable laws in connection with any operation of an EQEmulator server.
13. You are solely responsible for all costs associated with your operation of any EQEmulator server.
14. You acknowledge and agree that operating an EQEmulator server is done at your own risk. You acknowledge and agree that all intellectual property rights in EverQuest, including without limitation all trademarks, copyrights, and patents associated with the game, are the sole and exclusive property of Daybreak Game Company LLC (“Daybreak”), and your operation of an EQEmulator server is subject to Daybreak’s permission, which it may revoke for any reason or no reason at any time, without any liability to you or any other person or entity. You agree to fully and immediately comply with any demand from Daybreak to modify, restrict, or shut down any EQEmulator server. Alternatively, EQEmulator may shut down any EQEmulator server upon request from Daybreak. EQEmulator reserves the right to disable, delist, or permanently remove any EQEmulator server at any time, with or without any notice, if it determines that the server violates these Terms or any applicable law.
15. Daybreak is an intended third-party beneficiary of these Terms of Service. You acknowledge and agree that Daybreak has not waived, and will not waive, any legal claims it may have, and may assert any valid legal claims it may have against you if you breach the terms of this Agreement. You agree that Daybreak shall not be prejudiced by the running of any applicable limitation period as a result of your operation of any EQEmulator server, and that any such period shall be deemed suspended during your operation of that server. You agree to indemnify, defend, and hold harmless Daybreak and its affiliates, directors, officers, employees, agents and representatives against any third-party claim arising out of your breach of this Agreement or your operation of any EQEmulator server.
16. You shall not (i) register or apply to register any of Daybreak’s trademarks or any marks similar to Daybreak’s trademarks, (ii) register or use any domain name or social media handle that contains any of Daybreak’s trademarks, and/or (iii) dispute or challenge the validity of any of Daybreak’s trademarks, copyrights, or other intellectual property.
17. You agree to use EQEmulator in a respectful, lawful, and non-disruptive manner. EQEmulator administrators may suspend or terminate your access for harassment, spamming, interference with others’ servers, or any behavior inconsistent with a cooperative, fan-based project.
18. You must submit contact information to the EQEmulator administrator. That information may be shared with Daybreak and used in compliance with its Privacy Policy. By providing this information, you consent to its limited use for verifying compliance with these Terms and for responding to Daybreak inquiries or enforcement requests. EQEmulator will not sell or otherwise disclose this information except at required by law or as reasonably necessary to comply with Daybreak’s rights. You may not assign or transfer an EQEmulator server to any other person without first notifying the administrator and updating the contact information in accordance with the foregoing. If you decide to discontinue operation of an EQEmulator server, you must notify the administrator and delete the server in its entirety.
19. EQEmulator and all related software and services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, noninfringement, or uninterrupted operation.
20. Any exceptions to these Terms of Service must be approved in a written agreement signed by Daybreak.
21. EQEmulator can modify or update these Terms from time to time. Continued operation or use of an EQEmulator server after any change constitutes your acceptance of the updated Terms.
22. These Terms constitute the entire agreement between you and EQEmulator with respect to your operation of an EQEmulator server and supersedes any prior understandings or agreements, except such formal, written agreements you may have directly with Daybreak.
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