EULA.txt

LIMITED LICENSE AGREEMENT for the use of the CryENGINE Modification Software Development Kit (CryENGINE MOD SDK) for the software game FAR CRY


1. Subject of the Agreement

This Limited License Agreement for the use of the CryENGINE Modification Software Development Kit (CryENGINE MOD SDK) for the computer game FAR CRY (this "Agreement") is closed 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 CryENGINE Modification Software Development Kit for the computer game FAR CRY ("CryENGINE MOD SDK for FAR CRY"). 

The "CryENGINE MOD SDK for FAR CRY" shall generally refer to the compiled version of the computer software program known as CryENGINE, CryENGINE Sandbox Editor and also to, if any, certain computer software program and/or source codes commonly known as CryENGINE Tools.

By downloading, installing, loading or otherwise using the CryENGINE MOD SDK for FAR CRY you, the Licensee, agree to all terms and conditions laid down in this Agreement or in accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using the CryENGINE MOD SDK for FAR CRY. If you do not agree with the terms and conditions laid down in this Agreement you are not authorized to use the CryENGINE MOD SDK for FAR CRY.


2. Grant of Limited License

Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, and subject to your prior agreement to be bound by the terms and provisions of the LICENSE TO USE THE MULTIMEDIA PRODUCT which accompanies the full version of the software game entitled "FAR CRY" (the "FAR CRY License") and your full compliance with the FAR CRY License, CRYTEK hereby grants to Licensee a limited, personal, non-transferable and non-exclusive right during the Term, as defined below, to:

a) use the CryENGINE MOD SDK for FAR CRY for the creation of your own modifications which shall operate only with the full version of FAR CRY (the "Software Game"), but not any demo, test or other version of the Software Game, such modifications referred to as "New Creations";

b) to make modifications to the CryENGINE MOD SDK for FAR CRY (your "Modifications") for use in your creation of your own New Creations;

c) incorporate all or a portion of the CryENGINE MOD SDK for FAR CRY within your own New Creations; and

d) electronically distribute, free of charge, at no cost and without any commercial intention, copies of the CryENGINE MOD SDK for FAR CRY and/or your own New Creations and/or Modifications, so long as this Agreement accompanies each copy you make of the CryENGINE MOD SDK for FAR CRY and/or your own New Creations and/or Modifications; provided, however, that the recipient of the CryENGINE MOD SDK for FAR CRY and/or your own New Creations and/or Modifications must agree to be bound by the terms of this Agreement and the FAR CRY License and that all such distribution of copies of the CryENGINE MOD SDK for FAR CRY and/or your own New Creations and/or Modifications must be by electronic means only. You must refer to the FAR CRY License in determining your limited rights as to any New Creations which you may create.


3. Intellectual Property Rights

The CryENGINE MOD SDK for FAR CRY and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by CRYTEK and are protected by German copyright law and other applicable law. Licensee shall have no ownership or intellectual property rights in or to the Software Game or the CryENGINE MOD SDK for FAR CRY, including, without limitation, all copyrights related thereto.

Licensee agrees to use its best efforts to ensure that any recipient of the CryENGINE MOD SDK for FAR CRY and/or its New Creations and/or Modifications 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, FAR CRY or any other trademark of CRYTEK or UbiSoft.


5. Software Use Restrictions

Any use by Licensee of the CryENGINE MOD SDK for FAR CRY 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 and/or the CryENGINE MOD SDK for FAR CRY must be by electronic means only.

You shall not create any New Creations and/or Modifications which infringe any third party right or which are libellous, 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 CryENGINE MOD SDK for FAR CRY and/or your New Creations and/or Modifications. You shall not copy, distribute, publicly perform, display or make any other use of the CryENGINE MOD SDK for FAR CRY and/or your New Creations and/or Modifications 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 CryENGINE MOD SDK for FAR CRY and/or your New Creations and/or Modifications any material which infringes any third party right or which is libellous, defamatory, obscene, false, misleading or otherwise illegal or unlawful.

You shall conspicuously mark or label your New Creations and your Modifications as your own creations and shall not mark or label either of them, in any manner, as the creation of CRYTEK.
Licensee shall not copy, reproduce, manufacture or distribute (free of charge or otherwise) the CryENGINE MOD SDK for FAR CRY and/or your New Creations and/or Modifications, 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 CryENGINE MOD SDK for FAR CRY.

In exercising Licensee's limited rights hereunder, Licensee shall comply with all applicable laws, regulations, ordinances and statutes.


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 CryENGINE MOD SDK for FAR CRY and shall expire, without notice to you or any other notice, when the Software Game is removed from the market. 

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 FAR CRY License.

Upon the termination or expiration of this Agreement or your FAR CRY 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 CryENGINE MOD SDK for FAR CRY and/or its New Creations and/or Modifications in any manner, Licensee shall immediately destroy all copies of the CryENGINE MOD SDK for FAR CRY and/or its New Creations and/or Modifications 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 Limited 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.

The following provisions set out CRYTEK's entire liability to the Licensee in respect of damages caused by any breach of its contractual obligations, by any tort or on any other legal basis.

CRYTEK is only liable for damages caused by intention or gross negligence or damages caused by the culpable breach of essential obligations of this Agreement (so called cardinal obligations) by CRYTEK. If the liability according to the clause before is caused by gross negligence or intention of employees and subcontractors which are not organs or executives of CRYTEK the entire liability is limited to the amount of one License Fee for the Software Game under the FAR CRY License.
CRYTEK is not liable for indirect damages, consequential damages caused by a defect or lost profits. The exclusions or limitations of liability according to the clauses above apply also to claims against employees or sub-contractors of CRYTEK.

CRYTEK's liability for death or injury or the liability under the law on liability for products (Produkthaftungsgesetz) shall not by limited.

The Licensee shall provide for periodical (daily) back-up copies of his data. In case of an assumed software defect he is obliged to take all reasonable additional protective measurements.


8. Disclaimer of Warranties

CRYTEK provides the CryENGINE MOD SDK for FAR CRY 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 noninfringement. CRYTEK does not warrant that the CryENGINE MOD SDK for FAR CRY or the operation thereof will be free of error or that the CryENGINE MOD SDK for FAR CRY 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 CryENGINE MOD SDK for FAR CRY, and the Licensee may not rely on any such information or advice.


9. 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 CRYTEK's 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 CryENGINE MOD SDK for FAR CRY and/or your New Creations and/or Modifications.


10. 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 CryENGINE MOD SDK for FAR CRY and/or its New Creations and/or Modifications, 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.


11. General Provisions

This Agreement, along with the FAR CRY 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 CryENGINE MOD SDK for FAR CRY.

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 Coburg (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 Coburg (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the Landgericht Mnchen. 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.

The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement.