LIMITED LICENSE AGREEMENT for the use of the software game ROBINSON: THE JOURNEY ("ROBINSON")
This limited license agreement for the use of the computer game “ROBINSON" on the PC/Windows/Oculus Rift platform (this "Agreement") is entered into 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 ROBINSON.
By downloading, installing, loading or otherwise using ROBINSON you, the Licensee, agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using ROBINSON. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use ROBINSON.
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, CRYTEK hereby grants to Licensee a limited, personal, revocable, non-transferable and non-exclusive right (the "License") during the Term, as defined below, to use ROBINSON in accordance with the instructions provided in the manual or on the packaging of ROBINSON or indicated during the download process. Unless set forth otherwise in the manual or on the packaging or during the download process you are allowed to install and use ROBINSON on one (1) computer at the same time only.
ROBINSON is licensed, not sold. ROBINSON and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by CRYTEK (or its licensors, as applicable) 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 ROBINSON, including, without limitation, all copyrights related thereto.
CRYTEK (or its licensors, as applicable) 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 ROBINSON, or any element thereof, or the trademarks CRYTEK, ROBINSON, CRYENGINE, or any other trademark of CRYTEK or any other company.
Any use by Licensee of ROBINSON 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.
This prohibition includes (but is not limited to):
Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within ROBINSON.
ROBINSON uses Denuvo Anti-Tamper, a digital rights management technology. This digital rights management technology does not require a separate installation. For more information about Denuvo Anti-Tamper, visit
www.denuvo.com. You are not allowed to disable Denuvo Anti-Tamper. If you disable or otherwise tamper with the technical protection measures, ROBINSON may not function properly and you will have materially breached this Agreement. When uninstalling ROBINSON the Denuvo Anti-Tamper technology associated with ROBINSON will be removed from your machine.
CRYTEK shall not be obliged to provide any support for ROBINSON. Any support render by Crytek is subject to its sole discretion and may be terminated at any time.
The term of this Agreement and the license granted herein begin on the date on which you first download, install, load or otherwise use ROBINSON and shall continue in perpetuity until terminated in accordance with this Agreement.
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.
Upon the termination or expiration of this Agreement, any and all rights of Licensee hereunder shall terminate without prejudice to any rights or claims Licensee shall have no right to use ROBINSON in any manner. Licensee shall immediately destroy all copies of ROBINSON in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK.
Termination of this Agreement shall not create any liability against CRYTEK and shall not relieve Licensee from any liability which arises prior to termination. The provisions of this Agreement which by their terms or sense are intended to survive shall survive cancellation, expiration or termination of this Agreement.
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.
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.
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 (and its licensors, as applicable) may pursue all remedies to which CRYTEK is entitled under applicable law and/or this Agreement, including without limitation the compensation for any and all damages which may arise in connection with such breach.
Licensee agrees that Licensee's unauthorized use of ROBINSON, 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.
c. Transfer of Rights. Crytek shall be entitled to transfer any rights and obligations under this Agreement or the whole Agreement to third parties. Licensee shall not transfer any rights and obligations under this Agreement without Crytek's prior written approval.
d. Severability. If any part of this Agreement 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.
e. Waiver. The failure of CRYTEK to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in a writing signed by CRYTEK.
f. Governing Law. (i) The laws of Germany, excluding its conflicts-of-law rules, govern this Agreement; and (ii) if 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.
g. 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.
h. ROBINSON may include third party code provided under different license. Please check the credits for further information.
For Users subject to German law the following shall apply:
Instead of Sec. 10 "Limitation of Crytek's Liability" the following shall apply:
Limitation of Crytek's Liability
a. Crytek is liable for damages, regardless on which legal basis (be it contract, tort or otherwise), only if
i. such damages are cause by violation of essential obligations of these Terms of Service (Kardinalpflichten) for Crytek's negligence or intent (Verschulden) which endangers the purpose of the Agreement; or
ii. such damages are caused by Crytek's gross negligence or intent.
b. In case that Crytek is liable for the violation of an essential obligation of these Terms of Service (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to amount of payments received from the respective User.
c. If Crytek is liable for damages pursuant to Section (a) above for gross negligence or intent of Crytek staff other than the managing directors then the liability is also limited to the amount set forth in Section (b).
d. Crytek is not liable for indirect or consequential damages (Mangelfolgeschäden), loss of profits or frustrated costs if such damages are not a result of gross negligence or intent of Crytek's managing directors.
e. The exclusion or limitation of liability pursuant to this Sec. 23 also applies with respect to claims against Crytek's staff or contractors.
f. The liability of Crytek with respect to death, bodily injury or health, a guarantee by Crytek (if any) or pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
g. If the User is also liable for certain damages then Crytek shall bear an amount of such damages in accordance to its contributory negligence (Mitverschulden). With respect to the User's responsibility for reduction of damages (Schadensminderungsobligenheit) the User is responsible for regular back-ups of its data and in case of an assumed bug shall take all further reasonable measures. In case of loss of data Crytek is thus liable only to the extent that such loss of data would have occurred in case of a due data back-up as well.