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Cryengine - Community - Terms of Service

This Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online game, service or web site ("Crytek Services") offered by Crytek or any its subsidiaries and affiliates (collectively, "Crytek"). Please read the Supplemental Terms that are contained in links at the top of this document. If you do not see links, you can find the supplemental terms at the end of this document.  Supplemental Terms and Crytek's Privacy Policy are an integral part of this Terms of Service and incorporated into this document by reference. You can find Crytek's Privacy Policy at www.crytek.com/privacy

You agree to check www.crytek.com/terms periodically for new information and terms that govern your use of Crytek Services. Crytek may modify the Terms of Service at any time. Crytek will inform you about revisions to the Terms of Service by email and/or by a notice on our home page and/or during log in. Revisions to terms affecting existing Crytek Services shall be effective thirty (30) days after posting at www.crytek.com/terms. Terms for new Crytek Services are effective immediately upon posting at www.crytek.com/terms.

 

1. Crytek Account

A Crytek Account ("Account") may be required to access and use some Crytek Services.  If you have questions about Account registration, please contact us by visiting www.crytek.com/contact.  

To create a Crytek Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Crytek Service for which you are registering.  Some Crytek Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

 

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Crytek will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

 

2.  Privacy and Data Collection

Your privacy is important to us.  Please read Crytek's Privacy Policy carefully for information relating to Crytek's collection and use of personal information.  You can find Crytek's Privacy Policy at www.crytek.com/privacy.

You understand, acknowledge and agree that public communications on Crytek Services are not private or confidential, and may be viewed and used by others accessing the Crytek Services.  

 

3.  Content

"Content" on Crytek Services may include software, technology, text and other audio visual material, and the design and appearance of our websites. Content may be provided by you or third parties, including other users of Crytek Services. Crytek does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to Crytek Services.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on Crytek Services.

Crytek reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in Crytek's sole and final discretion. To the maximum extent permitted by applicable law, Crytek does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.  

You are solely responsible for your Content and may be held liable for Content that you post.  

 

4.  Intellectual Property Rights

Content on Crytek Services is owned by Crytek or Crytek's third party licensors and is protected by German and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Crytek Service unless you are expressly authorized to do so.  

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. Crytek reserves all rights in Crytek owned and licensed Content that are not expressly granted to you in this Terms of Service.  

Making unauthorized copies of Content found on Crytek Services may result in the termination of your Crytek Account(s), prohibition on use of Crytek Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Crytek from any unauthorized or illegal conduct by you, or through the use of your Account, on Crytek Services.

 

5.  Contributing Third Party Content to Crytek Services

Crytek respects the intellectual property rights of others.  You must have the legal right to upload Content to Crytek Services. You may not upload or post any Content on Crytek Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content.  Crytek may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party.  If you are a repeat infringer of Crytek's or a third party's intellectual property rights, Crytek may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).

 

6.  Contributing Your Own Content to Crytek Services; License Grant to Crytek and Others

In exchange for Crytek enabling your contribution of Content, when you contribute Content to an Crytek Service, you expressly grant to Crytek a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant Crytek all licenses, consents and clearances to enable Crytek to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.

If the Crytek Service on which you contribute Content permits other users to access and use that contributed Content as part of the Crytek Service, than you also grant all other users of the relevant Crytek Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Crytek Service without further notice, attribution or compensation to you. 

 

7.  Paid Services

Some Crytek Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.  For information about subscription and other fees for particular services visit www.crytek.com/contact

 

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

 

Crytek reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for an Crytek Service, Crytek will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Crytek Service. You are responsible for reviewing the Crytek Service to obtain timely notice of such changes. Your continued use of the Crytek Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Crytek will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Crytek Services is subject to use or sales tax, then Crytek may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit www.crytek.com/contact.

 

A.  Payment Options.  You may pay fees using the methods available for the particular Crytek Service and you agree to the terms and conditions applicable to each payment method you choose.  Payment methods may vary by Crytek Service.  When you provide credit card or other payment information to Crytek, you represent to Crytek that you are the authorized user of the credit card or other payment method.  By agreeing to the Crytek Terms of Service you have agreed to permit Crytek to automatically renew your subscription to an Crytek Service by charging a valid credit card number which you have provided to Crytek.  Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Crytek's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Crytek if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting customer service at www.crytek.com/contact. If you fail to provide Crytek any of the foregoing information, you agree that Crytek may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription.  Crytek reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Crytek. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.  For further information, visit www.crytek.com/contact.  

 

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

 

B. Trial Subscriptions.  For some Crytek Services, Crytek may offer a free trial subscription. If you accept a free trial subscription, Crytek will begin to bill your Account for that Crytek Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using Crytek Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.

 

C. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Crytek. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

 

8.   Termination of Crytek Services and Accounts

Crytek may terminate any Crytek Service at any time by giving you notice of such termination within the time period specified when you joined the particular Crytek Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Crytek Service. 

Crytek may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of Crytek Services, products, or Crytek's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, Crytek may terminate all of your Accounts and all related entitlements. Crytek may issue you a warning, or Crytek may immediately terminate any and all Accounts that you have established. You acknowledge that Crytek is not required to provide you notice before terminating your Account(s). If Crytek terminates your Account, you may not participate in a Crytek Service again without Crytek's express permission. To participate in a Crytek Service, contact www.crytek.com/contact.  Crytek reserves the right to refuse to keep Accounts for, and provide Crytek Services to, any individual.  You may not allow individuals whose Accounts have been terminated by Crytek to use your Account.

If your Account, or a particular subscription for a Crytek Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Crytek Service (such as points, tokens or other digital items).

 

9.  Cancellation of your Account

You have the right to cancel your Account or a particular subscription to a Crytek Service at any time. You have the possibility to cancel your Account by navigating to your Account settings. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Crytek Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Crytek, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Crytek's enforcement or application of this Terms of Service; (2) the Content available through Crytek Services or any change in Content provided through Crytek Services; (3) your ability to access and/or use Crytek Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Crytek Services.

Crytek reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a Crytek Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Crytek Services must be settled before you establish a new Crytek Account. After you cancelled your Account, Crytek deletes all your content.

 

10.   Rules of Conduct.

You may violate the Terms of Service if you:

Specific Crytek Services may also post additional rules that apply to your conduct on those services.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Crytek Services. Crytek reserves the right to terminate your Account and to prevent your use of any and all Crytek Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Crytek using the "Help" or "Report Abuse" functions in the relevant Crytek Service.

11. Software, Utilities and Tools

Crytek Services may require or allow you to download software, software updates or patches, or other utilities and tools from Crytek or its licensors onto your computer ("Crytek Software"). Crytek grants to you a non-exclusive, limited license to use Crytek Software solely for the purpose stated by Crytek at the time the Crytek Software is made available to you.  If an End User License Agreement is provided with the Crytek Software, your use of the Crytek Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Crytek Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Crytek Software. You may not modify Crytek Software or use it in any way not expressly authorized in writing by Crytek. You understand that Crytek's introduction of various technologies may not be consistent across all platforms and that the performance of Crytek Software and related Crytek Services may vary depending on your computer and other equipment.

From time to time, Crytek may provide you with updates or modifications to Crytek Software. You understand that certain updates and modifications may be required in order to continue use the Crytek Software and Crytek Services.

 

12.  Updates to Crytek Services 

IMPORTANT: CRYTEK MAY FIND IT NECESSARY TO MAKE UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF CRYTEK SERVICES. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. CRYTEK RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES. 

 

13. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CRYTEK SERVICES, CRYTEK SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CRYTEK SERVICES, CRYTEK SOFTWARE, CRYTEK'S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CRYTEK PROVIDES CRYTEK SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CRYTEK SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CRYTEK WILL HAVE ADEQUATE CAPACITY FOR CRYTEK SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRYTEK OR ITS LICENSORS IS TO STOP USING CRYTEK SERVICES, AND TO CANCEL YOUR CRYTEK ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT CRYTEK, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON CRYTEK SERVICES OR USE OF CRYTEK SOFTWARE. IN NO CASE SHALL CRYTEK OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, " CRYTEK AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CRYTEK FOR CRYTEK SERVICES. IN NO CASE SHALL CRYTEK OR CRYTEK AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CRYTEK SERVICES, CRYTEK SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CRYTEK SERVICES OR ACCOUNTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CRYTEK'S AND CRYTEK AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. CRYTEK DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH CRYTEK AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Notwithstanding the foregoing, nothing contained in this Terms of Service limits Crytek's liability to you for fraudulent misrepresentations, death or personal injury caused by Crytek's negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

 

14.   Indemnification

Upon Crytek's request, you agree to defend, indemnify and hold harmless Crytek and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Crytek Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Crytek harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of Crytek Services and for all of your communication and activity on Crytek Services, including any Content you contribute, and that you will indemnify and hold harmless Crytek, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Crytek Services, including any Content that you contribute.

Crytek reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Crytek in that matter. This Section shall survive termination of this Terms of Service.

 

15. Links to Third-Party Sites

Crytek Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Crytek does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

 

16. General Terms

a. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the Crytek Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including Crytek's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

b. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Crytek, and the remaining portions shall remain in full force and effect.

c. Waiver. The failure of Crytek to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Crytek.

d. Governing Law.  (i) The laws of Germany, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with Crytek or relating in any way to your Account(s) or your use of Crytek Services resides in the Courts of Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Germany in connection with any such dispute including any claim involving Crytek or its affiliates, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.


17. Entire Agreement

The Terms of Service (including the Crytek Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and Crytek relating to your rights and obligations in the use of Crytek Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Crytek Service, Crytek shall resolve the conflict in its sole discretion.

Bookmark www.crytek.com/terms and visit this site regularly for updates to Crytek’s Terms of Service.

 

SUPPLEMENTAL TERMS

LIMITED LICENSE AGREEMENT for the use of the CryENGINE 3 Modification Software Development Kit for the software game CRYSIS 2 ("SDK")

1. Subject of the Agreement

This Limited License Agreement for the use of the SDK (the "Agreement") is entered between Crytek GmbH ("CRYTEK") and you, the end-user (the "Licensee" or "You"). The Agreement is made effective beginning on the date on which you, the Licensee, first download, install, load or otherwise use the SDK. The SDK shall generally refer to the compiled version of the computer software program known as CryENGINE 3, CryENGINE 3 Sandbox Editor and also to, if any, certain computer software program and/or source codes commonly known as CryENGINE 3 Tools. By downloading, installing, loading or otherwise using the SDK you, the Licensee, agree to all terms and conditions set forth in this Agreement or in accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using the SDK. If you do not agree with the terms and conditions laid down in this Agreement you are not authorized to use the SDK.

2. Grant of Limited License

Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, CRYTEK hereby grants to Licensee a limited, personal, non-transferable and non-exclusive right (the "License") during the Term, as defined below, to: a) use the SDK for the creation of your own modifications which shall operate only with the full version of CRYSIS 2 (the "Software Game"), but not any demo, test or other version of the Software Game or with any other game or interactive or non-interactive product or with any kind of simulation or visualization, such modifications referred to as "New Creations"; b) electronically distribute free of charge, at no cost and without any commercial intention, copies of your New Creations as long as this Agreement accompanies each copy you make of your New Creations; provided, however, that the recipient of your New Creations must agree to be bound by the terms of this Agreement and by the license for the full version of the Software Game (the "CRYSIS 2 License") and that all such distribution of copies of your New Creations must be by electronic means only. You must refer to the CRYSIS 2 License in determining your limited rights as to any New Creations which you may create. You may include your New Creations created with the SDK on your personal noncommercial website for the noncommercial benefit of the fan community and provided that if you do so, you must also post the following notice on your site on the same web page(s) where those materials are located: “This site is not endorsed by or affiliated with Crytek or Electronic Arts. Trademarks are the property of their respective owners. Game content © 2011 Crytek GmbH." You shall not represent that your site is endorsed or approved by or affiliated with Crytek or Electronic Arts, or that any other content on your site is endorsed or approved by or affiliated with Crytek or Electronic Arts.

3. Intellectual Property Rights

The SDK and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by CRYTEK and are protected by German and international copyright law and other applicable law. Licensee shall have no ownership or intellectual property rights in or to the Software Game or the SDK, including, without limitation, all copyrights related thereto. Licensee agrees to use its best efforts to ensure that any recipient of its New Creations fully complies with this Agreement.

4. Reservation of Rights

CRYTEK expressly reserves all rights not granted in this Agreement. You are not receiving any right or license hereunder to copy, distribute, publicly perform, display or make any other use of the Software Game, or any element thereof, or the trademarks CRYTEK, CRYSIS or any other trademark of CRYTEK or any other company.

5. Software Use Restrictions

Any use by Licensee of the SDK not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by Licensee. Any distribution of your New Creations must be by electronic means only. You shall not create any New Creations which infringe any third party right or which are libelous, defamatory, obscene, false, misleading or otherwise illegal or unlawful. You shall not rent, sell, lease, lend, offer on a pay-for-play basis or otherwise commercially exploit or commercially distribute the SDK and/or your New Creations. You shall not copy, distribute, publicly perform, display or make any other use of the SDK and/or your New Creations in any infringing manner or in any manner which violates any law or third party right and you shall not distribute or include with the SDK and/or your New Creations any material which infringes any third party right or which is libelous, defamatory, obscene, false, misleading or otherwise illegal or unlawful. You shall conspicuously mark or label your New Creations as your own creations and shall not mark or label either of them, in any manner, as the creation of CRYTEK or Electronic Arts. Licensee shall not copy, reproduce, manufacture or distribute (free of charge or otherwise) the SDK and/or your New Creations, in whole or in part, in any tangible media, including, without limitation, CD-ROMs and DVDs. Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within the SDK. Licensee may not charge a fee, nor solicit donations, contributions or any other voluntary or involuntary form of payment, for access to these New Creations. Except for editorial purposes such as promoting your free New Creations, you may not publicly or privately broadcast via television, commercial streaming video or other means, interactive or non-interactive performances or renderings of these New Creations. Licensee may not display, distribute, perform, or show these New Creations in any commercial setting, such as a trade show, private or public business or sales meeting or other commercial presentations. You may not use the SDK to create any television program, commercial video program, create commercial or industrial film and/or movie content, nor use it to create any architectural or industrial visualization or any industrial or military simulation or training program. You may not use this SDK in any educational or institutional setting; it is provided strictly for non-commercial at-home use to modify and/or extend the game CRYSIS only. In exercising Licensee's limited rights hereunder, Licensee acknowledges that you are solely responsible for knowing and complying with all applicable federal, state, and local laws, regulations, ordinances and statutes that may apply to your use of SDK in your own locale. By downloading the SDK, you warrant that you are not located in any country, or exporting the SDK to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.

6. Term and Termination

The term of this Agreement and the license granted herein begin on the date on which you first download, install, load or otherwise use the SDK and shall expire, without notice to you or any other notice, when the Software Game is removed from the market. Licensor may revoke or terminate this License at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement and the License granted to you herein shall immediately terminate, without the requirement of any notice from CRYTEK to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement or the CRYSIS License. Upon the termination or expiration of this Agreement or your CRYSIS License, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims CRYTEK may have, Licensee shall have no right to use the SDK and/or its New Creations in any manner, Licensee shall immediately destroy all copies of the SDK and/or its New Creations in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK. Termination or expiration of this Agreement shall not create any liability against CRYTEK and shall not relieve Licensee from any liability which arises prior to termination or expiration.

7. Exclusion and Limitation of Liability

As the License granted to the Licensee under this Agreement is a free-of-charge-license CRYTEK's liability is excluded and limited to the largest extent legally possible. CRYTEK INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRYTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE AMOUNT OF THE COMPENSATION (NONE) CONTEMPLATED UNDER THIS AGREEMENT.

8. Disclaimer of Warranties

CRYTEK provides the SDK to the Licensee "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. CRYTEK does not warrant that the SDK or the operation thereof will be free of error or that the SDK will meet special requirements of the Licensee. No oral or written information or advice given to the Licensee by CRYTEK and/or any CRYTEK employee, representative or distributor will create a warranty for the SDK, and the Licensee may not rely on any such information or advice.

9. Support

Neither Crytek nor Electronic Arts will provide any support for the SDK. Please do not call or send email to Crytek or Electronic Arts regarding the SDK, as neither party will be able to respond or answer these inquiries.

10. Licensee's Warranties and Indemnification

Licensee warrants and represents that: a) Licensee has full legal rights and authority to enter into and become bound by the terms of this Agreement;

b) Licensee has full legal rights and authority to exercise Licensee's rights granted herein and to comply with Licensee's obligations hereunder;

c) Licensee will comply, at all times during the Term, with all applicable laws.

Licensee hereby agrees to indemnify, defend, and hold harmless CRYTEK and/or their successors, assigns, officers, directors, employees, agents, representatives and licensees (but not including Licensee) from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by Licensee and/or Licensee's distribution or other use or non-use of the SDK and/or your New Creations and/or Modifications.

11. Breach of the Agreement

In the event of a breach of this Agreement by CRYTEK, Licensee's sole remedy shall be to terminate this Agreement by delivering written notice of termination to CRYTEK. In the event of a breach by Licensee of this Agreement, CRYTEK may pursue all remedies to which CRYTEK is entitled under applicable law and/or this Agreement. Licensee agrees that Licensee's unauthorized use of the SDK and/or its New Creations, or any part thereof, may immediately and irreparably damage CRYTEK such that CRYTEK could not be adequately compensated by a monetary award, and in such event, and at CRYTEK's option, CRYTEK shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of CRYTEK posting bond or other security.

12. General Provisions

This Agreement, along with the CRYSIS License, constitutes the entire understanding between Licensee and CRYTEK regarding the subject matter hereof. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between CRYTEK and Licensee. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. CRYTEK may at any time revise and alter the version of the SDK. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of CRYTEK, its successors and assigns, and CRYTEK may assign its rights hereunder, in CRYTEK's sole discretion. This Agreement is personal to Licensee, and Licensee shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder. Place of performance of this Agreement is Frankfurt a.M. (Germany). If the Licensee is defendant, CRYTEK might, if admissible, determine as court of jurisdiction the court where the Licensee is resident or the court competent for the corporate domicile of CRYTEK which currently is in Frankfurt a.M. (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the district courts of Frankfurt a.M. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement.

 

LIMITED LICENSE AGREEMENT for the use of the CryEngine 3 Free SDK ("SOFTWARE")

This limited license agreement for the NON-COMMERCIAL use of SOFTWARE (this "Agreement") is entered into between Crytek GmbH, Frankfurt/Main, Germany ("CRYTEK") and you, the end-user (the "Licensee" or "You").

The Agreement is made effective beginning on the date on which you, the Licensee, first accept this agreement or download, install, load or otherwise use SOFTWARE (whichever occurs first)(the “Start Date”).

By doing so, you, the Licensee, agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before the Start Date. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use SOFTWARE.

1. Grant of License

1.1 Grant: Subject to strict and continuous compliance with the restrictions of this Agreement and any other obligations by Licensee, CRYTEK grants to Licensee a non-exclusive, non-transferable, non-sublicensable, personal, cost-free limited license only to:


1.2 Restrictions on Use: CRYTEK reserves all rights not expressively granted in this Agreement. Without limitation, Licensee shall not:


1.4 Intellectual Property Rights: SOFTWARE and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by CRYTEK and are protected by German, US and other national and international law. Licensee shall have no ownership or intellectual property rights in or to SOFTWARE, including, without limitation, all copyrights related thereto.

1.3 CRYTEK may at any time revise and alter the version of SOFTWARE.

2. Service and Support

2.1 CRYTEK will not render any technical support (no telephone support, no training, no bug fixing).

2.2 Licensee may access public developer support forums and online support pages as they are made available to the public by CRYTEK in CRYTEK's sole discretion.

3. Warranty, Indemnification

3.1 CRYTEK WARRANTY DISCLAIMER. CRYTEK GIVES NO WARRANTY. SOFTWARE IS DELIVERED "AS IS". CRYTEK DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRATICE.

3.2 CRYTEK INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRYTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CRYTEK’S MAXIMUM AGGREGATE LIABILITY TO LICENSEE IN CONNECTION WITH OR IN ANY MANNER RELATED TO THIS AGREEMENT (WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY OR ON BEHALF OF LICENSEE TO CRYTEK UNDER THIS AGREEMENT. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE AMOUNT OF THE COMPENSATION CONTEMPLATED UNDER THIS AGREEMENT (NONE).

3.3 Licensee Indemnification: Licensee shall indemnify and hold harmless Crytek against all costs and expenses (including reasonable attorneys fees and expenses) and all other liability related to any claim of infringement based on Licensee’s use of the SOFTWARE.

4. Term and Termination

4.1 The term of this Agreement and the license granted herein begin on the Start Date and shall expire, without notice to you or any other notice, when the SOFTWARE is removed from the market and/or CRYTEK announces the termination on its website or otherwise.

4.2 CRYTEK may revoke or terminate this Agreement at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement shall immediately terminate, without the requirement of any notice from CRYTEK to Licensee, upon Licensee's failure to comply with or breach of any term or provision of this Agreement.

4.3 Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims CRYTEK may have, Licensee shall have no right to use the SOFTWARE in any manner. Licensee shall immediately destroy all copies of the SOFTWARE in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK.

4.4 Termination or expiration of this Agreement shall not create any liability against CRYTEK and shall not relieve Licensee from any liability which arises prior to termination or expiration. The provisions of this Agreement which by their terms or sense are intended to survive shall survive cancellation, expiration or termination of this Agreement.

5. General Provisions

5.1 This Agreement constitutes the entire understanding between Licensee and CRYTEK regarding the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded.

5.2 This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between CRYTEK and Licensee. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons.

5.3 If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement.

5.4 This Agreement shall bind and inure to the benefit of CRYTEK, its successors and assigns, and CRYTEK may assign its rights hereunder, in CRYTEK's sole discretion. This Agreement is personal to Licensee, and Licensee shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder.

5.5 This Agreement shall be governed and construed by the laws of Germany. Place of performance of this Agreement is Frankfurt a.M. (Germany). If the Licensee is defendant, CRYTEK might, if admissible, determine as court of jurisdiction the court where the Licensee is resident or the court competent for the corporate domicile of CRYTEK which currently is in Frankfurt a.M. (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Frankfurt a.M. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement.

5.6 CRYTEK’s licensors shall be third-party beneficiaries under this Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

5.7 CRYTEK reserves the right to modify or substitutes this Agreement with 30 days’ notice on its website or otherwise.

5.8 SOFTWARE contains third party code listed at the end of this Agreement or in a READ ME file. Such code is distributed under its own license terms as indicated. These third party licenses are incorporated by reference. In case of a conflict between the third party license and this Agreement the third party license shall prevail.

BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

18. Additional Terms and Conditions for Specific Crytek Services

Certain Crytek Services may require you to read and agree to terms and conditions that are specific to that Crytek Service. Your right to use that Crytek Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Crytek will be the final and sole arbiter of any such inconsistencies.

 

19.  Beta Tests

In its sole discretion, Crytek may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors.  You will be asked to provide to Crytek (and to Crytek only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s).  This process is known as a "Beta Test."  You must sign and return to Crytek a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you.  Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, Crytek may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Crytek site.  You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Crytek.  You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.  

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Crytek, and Crytek is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Crytek publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

Upon request, you agree to immediately return to Crytek all copies of the pre-release copy and confidential or proprietary information Crytek provided to you.

As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Crytek has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Crytek's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

 


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