I’m sure many of you are wondering what exactly is inside the CryEngine Humble Bundle announced today, so I went ahead and purchased it. As I dive in I will update this post with the contents.
First off, we can start with the downloadable files as part of this bundle, and they are HUGE:
There are more than 50GB worth of downloads here! I obviously haven’t got them all downloaded yet, but I’ve got a few, so I can show you an example.
In case you are wondering exactly what formats we are dealing with here, it’s random, but you will be happy to know it’s not all in a native to CryEngine format. For example here is the Outpost entry from above:
So you get Maya project files, fbx files, obj files, various textures AND CryEngine read versions. This means these assets can easily be used in just about any engine assuming the license doesn’t prevent this. As of yet, I have found no such limitation.
People have been asking about licensing and for good reason! Many of the content packs come with no licenses, but a few have been discovered. The following is the license from the Mocap package and covers the Paintball Project and Animation Pack:
This license seems to indicate that CryEngine is required for their use.
The Illfonic tutorial (which is pretty much tied to CryEngine anyways), includes the following license:
ILLFONIC LLC. PC and Online Software License Agreement
1. READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING AND USING THIS SOFTWARE ON YOUR PERSONAL COMPUTER. THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR A SINGLE ENTITY, "YOU") ON THE ONE HAND, AND ILLFONIC LLC. AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY REFERRED TO AS "ILLFONIC") ON THE OTHER HAND, FOR THE SOFTWARE PRODUCT ACCOMPANIED BY THIS AGREEMENT, WHICH INCLUDES COMPUTER SOFTWARE, WHICH MAY INCLUDE USER GENERATED CONTENT CREATION TOOLS, AND ANY ASSOCIATED MEDIA, PRINTED MATERIALS, AND/OR "ONLINE" OR ELECTRONIC DOCUMENTATION (TOGETHER CALLED THE "SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE (OR, IN THE EVENT YOU HAVE PURCHASED THE SOFTWARE AS CONTAINED ON A PHYSICAL MEDIA, BY OPENING THE PACKAGING MATERIALS THEREOF), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE SOFTWARE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND DESTROY AND/OR DELETE ALL COPIES IN YOUR POSSESSION.
2. Subject to the terms of this Agreement, ILLFONIC grants You a non-exclusive, non-transferable license to use one copy of the Software and/or, if applicable, to use the Software for play online through an authorized online service in the country in which You acquired the Software for Your own personal, non-commercial use, but ILLFONIC retains all property rights in the Software and all copies thereof. All other rights are expressly reserved by ILLFONIC or its licensors. There is no license to download game content other than what is necessary to facilitate game play and create and share User Generated Content (as defined below). You may use the Software on any (i) supported computer configuration, provided the Software is used on only one (1) such computer; and (ii) permanently transfer the Software on any supported computer configuration only and its documentation to another user provided You retain no copies and the recipient agrees to the terms of this Agreement. You may not transfer, distribute, rent, sub-license, or lease the Software or documentation, except as provided herein; or alter, modify, or adapt the Software or documentation, or any portions thereof.
3. You acknowledge that the Software in source code form remains a confidential trade secret of ILLFONIC. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You further acknowledge that the Software may contain functions for collecting and tracking information related to Your use of the Software. ILLFONIC reserves the right to compile, save and use such information within the scope of ILLFONIC’s business activities, and analyze any and all of Your data (online registration data, stats, etc.). All information collected by ILLFONIC is intended to be anonymous and to not include any identifying or personal information. However, if You include personal information (such as Your real name) in data collected by ILLFONIC (such as Your user ID), You hereby acknowledge that said personal information will be, and expressly permit such personal information to be, used as described herein. The data collected by ILLFONIC may be posted on websites accessible to the public; shared with console manufacturers, Software developers, and/or marketing partners; or used by ILLFONIC for any other lawful purpose. By using this Software You consent to ILLFONIC’s use of the data ILLFONIC collects, including the public display of information such as Your user ID, Your user created content or any other gameplay data. Do not use the Software if You do not want ILLFONIC to use Your user data in this manner.
4. OWNERSHIP: All right, title, interest and intellectual property rights in and to the Software (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by ILLFONIC or its licensors. This Agreement grants You no rights to use such content other than as part of the Software. All rights not expressly granted under this Agreement are reserved by ILLFONIC.
5. This Agreement is effective upon Your installation of the Software (or, in the case of a copy contained on a physical media, upon opening the packaging materials thereof) and shall continue until revoked by ILLFONIC or until You breach any term hereof. Upon revocation, breach, or termination You agree to destroy and/or delete all copies of the Software in Your possession.
6. You agree that You shall not:
(a) Modify, copy, reproduce or distribute, in whole or in part, by any means, the Software;
(b) Merge the Software into another program (except to the extent the Software is made to operate within a computer operating system and in connection with other computer program) or create;
(c) Create derivative works based upon the Software;
(d) Attempt to circumvent any technical protection measures used in connection with the Software;
(e) Make a copy of this Software or any part thereof, except as expressed in this Agreement;
(f) Make this Software available on any network for use or download by others;
(g) Display or use this Software in a public performance;
(h) Use or copy the Software on or to a console at a commercial location;
(i) Use the Software for a commercial purpose, except as expressly licensed in writing by ILLFONIC;
(j) Distribute, lease, license, sell, rent or otherwise transfer or assign this Software without the express prior written consent of ILLFONIC, or as expressed in this Agreement;
(k) Remove or modify any proprietary notices, marks or labels contained on or within the Software or on any packaging thereof; or
(l) Modify or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. The Software may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. If You do not meet these criteria or are not sure, do not install the Software and destroy any copies in Your possession. If You live in such a country, no license is granted hereunder.
8. You are responsible for assessing Your own computer and the results to be obtained therefrom. EXCEPT AS SET FORTH IN ANY EXPRESS WARRANTY BY ILLFONIC, YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ILLFONIC AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SOFTWARE. ILLFONIC AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY ILLFONIC, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. ILLFONIC and its licensors make no warranty with respect to any related software or hardware used or provided by ILLFONIC in connection with the Software except as may be expressly set forth above.
9. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT ILLFONIC AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY ILLFONIC OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SOFTWARE. ILLFONIC AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ILLFONIC'S AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES ILLFONIC'S AND ITS LICENSORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
10. USER GENERATED CONTENT. This Software may include tools that give you the ability to communicate with other players and may allow you to create, post, and distribute various forms of content for and in connection with the Software, including but not limited to pictures, game-related materials and other information (individually and collectively, “User Generated Content”). You acknowledge that ILLFONIC and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any User Generated Content in violation of any such rights.
(a) You agree that you will not create, transfer, share, send, submit or upload any User Generated Content that:
(i) is protected by copyright, patent, trademark, or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
(ii) contains fraudulent statements or misrepresentations that could damage ILLFONIC or any third party;
(iii) contains any statements or materials that disparage, ridicule or scorn ILLFONIC or any third party;
(iv) is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
(v) is an advertisement or solicitation of business;
(vi) is an impersonation of another person; or
(vii) violates the “Online” section or any other terms of this Agreement, or any other terms related to this game.
(b) You agree that ILLFONIC and its Licensors are not responsible or liable for User Generated Content submitted or posted by you or by others. ILLFONIC and its Licensors do not claim ownership of any User Generated Content that you submit or make available as part of the game, and ILLFONIC and its Licensors expressly disclaim any and all liability in connection with any User Generated Content. ILLFONIC has no duty to pre-screen User Generated Content.
(b) ILLFONIC has the right to edit, remove, block or refuse to post any submitted User Generated Content from any network or Internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so. You hereby appoint ILLFONIC as your attorney-in-fact to request from third parties removal under the Digital Millennium Copyright Act or other applicable law or basis, in ILLFONIC's discretion, of any of your User Generated Content posted on a third party network or Internet site. You agree to not contest ILLFONIC's request for removal of your User Generated content from such network or Internet site. You also agree to execute all documents, as requested by ILLFONIC, to effect such removal.
(c) The game and/or its associated website and/or web pages may permit you to share your User Generated Content with or through third party websites. ILLFONIC has not evaluated any third party websites through which you can share User Generated Content or their terms and conditions. Any third party websites through which you can share your User Generated Content are not owned by or affiliated with ILLFONIC and we have no control over and assume no responsibility for the content, safety, privacy policies or practices of these websites. You expressly release ILLFONIC of any and all liability arising from your use of any third party websites used to share your User Generated Content.
11. ILLFONIC'S LICENSE OF USER GENERATED CONTENT
(a) By posting, transferring, sharing or sending User Generated Content in any manner, you hereby grant ILLFONIC, its affiliates, licensors and distributors and other users of the game a non-exclusive, worldwide, fully paid-up, transferrable, irrevocable, royalty-free and perpetual license to modify, adapt, translate, create derivative works from, and perform and display your User Generated Content;
(b) By submitting or uploading User Generated Content in any manner to ILLFONIC, you hereby grant ILLFONIC, its affiliates, licensors and distributors a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual license to publish and distribute your User Generated Content (for free or for profit) and to use your User Generated Content for marketing and promotional purposes in conjunction with the game or any other aspect of ILLFONIC's business; and
(c) You hereby: (i) Acknowledge that you have received good and valuable consideration from ILLFONIC for the license of the rights in your User Generated Content under this Agreement; (ii) Agree that your creation or distribution of User Generated Content is not in any way based upon any expectation of compensation from ILLFONIC, its affiliates, licensors or distributors; (iii) Agree that ILLFONIC, its affiliates, licensors and distributors may, but are not required to, use your name, username, or applicable trademarks in connection with the distribution of your User Generated Content; and (iv) Warrant and represent that: (A) you created your User Generated Content; (B) you have all necessary rights to your User Generated Content to fulfill your obligations under this Agreement; and (C) your User Generated Content does not infringe on the intellectual property or other rights of any third party and is not obscene, defamatory, offensive or an advertisement or solicitation of business.
12. INJUNCTION. Because ILLFONIC would be irreparably damaged if the terms of this License Agreement were not specifically enforced, You agree that ILLFONIC shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as ILLFONIC may otherwise have under applicable laws.
13. INDEMNITY. At ILLFONIC's request, You agree to defend, indemnify and hold harmless ILLFONIC, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the Software or User Generated Content, from all damages, losses, liabilities, claims and expenses, including attorneys' fees, arising directly or indirectly from Your acts and omissions to act in using the Software pursuant to the terms of this License Agreement or any breach of this License Agreement by You. ILLFONIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You shall have no further obligation to provide indemnification for such matter.
14. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor / Manufacturer is ILLFONIC LLC, 29903 Agoura Road, Agoura Hills, CA 91301.
15. TERMINATION. Without prejudice to any other rights of ILLFONIC, this License Agreement and Your right to use the Software may automatically terminate without notice from ILLFONIC if You fail to comply with any provision of this Agreement or any terms and conditions associated with the Software. In such event, You must destroy all copies of this Software and all of its component parts.
16. ONLINE. ILLFONIC makes no guarantees regarding the availability of online play, and may modify or discontinue online service in its discretion without notice, including, for example, ceasing online service for economic reasons due to a limited number of players continuing to make use of the service over time. ILLFONIC may deny You access, at ILLFONIC’s discretion, to online services, updates, or patches to the Software, should You violate of any of the terms or provisions of this Agreement. You may not interfere with or attempt to disable or circumvent any online access control measures, security features, or technical protection measures put in place by ILLFONIC. Should You use the online version of this game we will not ask You for any personally identifying information. You should avoid saying anything personally identifying in chat. You agree that ILLFONIC has no liability for any violation of this Agreement by You or by any other player.
(a) When You play, You agree to be respectful of Your fellow players and never to engage in any behavior that would be abusive or offensive to other players, disruptive of the game experience, fraudulent or otherwise illegal. This includes but is not limited to:
(i) Harassing or intimidating other players while chatting or playing this game online or using information obtained while chatting or playing this game to harass or intimidate fellow players outside of the game;
(ii) Using language, selecting names or creating any other content that is racially, ethnically or religiously offensive, sexually abusive, obscene or defamatory, and any content that is commercial in nature such as advertisements, solicitations and promotions for goods or services;
(iii) Using a player name that is the real name of any other person;
(iv) Violating any local, state or national law including but not limited to laws related to copyright, trademark, defamation, invasion of privacy and identity theft.
(b) ILLFONIC may retrieve information about Your hardware and software for authentication, copy protection, account blocking, system monitoring/diagnostics rule enforcement, game management and other purposes.
(c) You acknowledge that you have no expectation of privacy or confidentiality in any personal or other information you may intentionally or unintentionally disclose as part of the interactions associated with the Software. You should avoid sharing any personally identifiable information when playing the Software or interacting online.
17. GENERAL PROVISIONS. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to You in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. Any violation of any of the provisions or terms of this Agreement by You may subject You to civil and criminal penalties in the United States and/or Your local country, at the discretion of ILLFONIC, and per relevant local laws. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. ILLFONIC's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by ILLFONIC of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of ILLFONIC shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of ILLFONIC. This Agreement shall be governed by the laws of the State of California and the United States without regard to its conflicts of laws rules and You consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this Software between You and ILLFONIC.
LIMITED LICENSE AGREEMENT FOR THE USE OF THE CRYENGINE
This limited license agreement (this "Agreement") for the use of the CryEngine is entered into between Crytek GmbH, Frankfurt/Main, Germany ("Crytek") and you, the 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 the CryEngine as defined below (whichever occurs first).
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 the CryEngine.
You agree to check www.cryengine.com periodically for new information and terms that govern your use of CryEngine. Crytek may modify this Agreement at any time. Crytek will inform you about revisionsto this Agreement by email and/or by a notice on our home page and/or during log in. Revisions to terms affecting existing CryEngine shall be effective thirty (30) days after posting at www.cryengine.com. If you do not agree with the new terms your only remedy is to stop using CryEngine.
Other policies which apply with respect to the CryEngine include without limitation:
- Crytek’s general Terms of Service;
1.1. “CryEngine”: the software called “CryEngine” as offered by Crytek for certain Platforms in object code or source code, including the CryEngine Assets, the CryEngine Documentation, theCryEngine Tools, the CryEngine Redistributables and any updates thereto as made available by Crytek at its sole discretion.
1.2. “CryEngine Assets”: the audiovisual files included in the CryEngine as distributed by Crytek in its sole discretion.
1.3. “CryEngine Documentation”: the documentation setting forth the functionality of the CryEngine as published form time to time by Crytek.
1.4. “CryEngine Tools”: the editors and other tools included in the CryEngine that may be used to develop products based on the CryEngine.
1.5. “CryEngine Redistributables”: the redistributable parts of the CryEngine in object code as indicated in the CryEngine Documentation.
1.6. “Game(s)”: an interactive product for a certain Platform (which might have CryEngine Assets embedded) in object code form including the CryEngine Redistributables for the sole purpose of entertainment, developed and compiled by using the CryEngine pursuant to its documentation. Under this Agreement the following will not be considered Games:
§ military projects;
§ simulation (technical, scientific, other);
§ Serious Games.
1.7. “License”: defined in Sec. 2.
1.8. “Platform(s)”: all platforms as announced and offered by Crytek in its sole discretion (currently Microsoft Windows, Linux, Sony Playstation 4 and Microsoft Xbox One).
1.9. “Seat”: shall mean one (1) stand-alone computing unit on which Licensee uses the CryEngine.
1.10. “Serious Games”, i.e. ‘games’ which are not developed for the sole purpose of entertainment but for purposes training, simulation, science, architecture etc.
1.11. ”Support”: the support against payment of the Support Fee as announced and offered by Crytek in its sole discretion. The different support services may be defined in different tiers. For certain support services additional payments besides the Support Fee may apply in each tier.
1.12. “Support Fee”: the fee per Seat for certain Support for a Support Period as announced by Crytek. Crytek may change the Support Fee for future Support Periods at its sole discretion.
1.13. “Support Period”: the period the Licensee has paid the Support Fee for a certain Seat.
1.14. “Team”: a number of Seats set up through one account. All Seats of a Team must have the same entitlements, level of Support etc.
2. Grant of License
2.1. Grant: Subject to strict and continuous compliance with the restrictions of this Agreement Crytek grants to Licensee a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license (the “License”) only:
2.1.1. to install and run the CryEngine pursuant to the CryEngine Documentation;
2.1.2. to develop, maintain, extend and/or enhance CryEngine pursuant to the CryEngine Documentation;
2.1.3. to develop Games using CryEngine and to render such Games in object code form (including the CryEngine Assets and the CryEngine Redistributables) pursuant to the CryEngine documentation;
2.1.4. publish, distribute, sell, sublicense or exploit in any other way Games developed and rendered during the Subscription Period in object code form only and only under terms consistent with and no less protective of Crytek’s rights than those contained in this Agreement in perpetuity.
2.2. If you are a student or a member of an academic institution you are in addition entitled to develop Serious Games using CryEngine and to render such Serious Games in object code form (including the CryEngine Assets and the CryEngine Redistributables) pursuant to the CryEngine documentation. However, you are in no case entitled to commercially exploit such Serious Games withoutCrytek’s explicit prior written approval.
2.3. Licensee may or may not make payments as consideration for the License (“Pay as much as you want”).
2.4. Restrictions on Use: Crytek reserves all rights not expressively granted in this Agreement. Without limitation, Licensee shall not:
· distribute, sublicense or exploit in any other form:
§ the CryEngine (except for the Redistributables), e.g. as a stand-alone development engine;
§ the CryEngine Documentation;
§ the CryEngine Tools;
· use the CryEngine for the development of any product other than Games, including without limitation:
§ military projects
§ simulation (technical, scientific, other);
§ Serious Games.
· use the CryEngine for the development of any Games which are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;
· remove any technical safeguards from the CryEngine (if any);
· copy, replicate or mimic Crytek’s games;
· remove, modify or substitute any trademark, copyright or proprietary notices from the CryEngine,
· infringe or violate any intellectual property or proprietary, personal, moral or other rights or the privacy of Crytek or any third party;
· use CryEngine for applications that are unlawful or offensive under applicable laws;
· use the CryEngine to develop cheats, hacks or similar applications;
· transfer or assign the License or this Agreement.
2.5. Intellectual Property Rights: CryEngine and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by Crytek or its affiliates and are protected by German, US and other national and international law. Licensee shall have no ownership or intellectual property rights in or to CryEngine, including, without limitation, all copyrights related thereto.
3. Copyright Notice and Trademarks
3.1. The splash screen, credits screen, documentation and packaging (if any) as well as the marketing material (print, online etc.) of the Game shall include the following wording: “Portions of this software are included under license © 2004-201_ Crytek GmbH. All rights reserved.” Crytek's copyright notices shall be no less prominently displayed than Licensee’s own copyright notices.
3.2. Crytek grants Licensee the right to use the trademarks "Crytek" and "CryEngine" only to promote the Game. The splash screen, credits screen, documentation and packaging (if any) as well as the marketing material (print, online etc.) of the Game shall include the trademarks "Crytek" and "CryEngine". Licensee shall use the trademarks as made available online by Crytek within eight (8) weeks before the final design of the respective material. Crytek's trademarks shall be no less prominently displayed than Licensee’s own trademarks.
3.3. The design of the splash screen, the credits screen, the documentation, the packaging and the marketing material is subject to Crytek's prior written approval regarding Crytek's copyright notice and trademarks. The approval shall be deemed given if Crytek does not give any notice within ten (10) days from receipt of a sample.
4.1. For Licensees who have not purchased Support Crytek may or may not render support at its sole discretion.
4.2. Licensees may decide to purchase Support for a certain Support Period against payment of a Support Fee. The exact scope of Support shall be defined and offered by Crytek on its website or otherwise. The following basic rules apply:
· All Support services are subject to payment of the Support Fee for the Seat requesting the Support. No Support shall be rendered for a Seat after the Support Period expired or for a Seat, which has not purchased support.
· Support is available in the English language only (both for requests for Support and Support services).
· Crytek may offer certain additional support services (e.g. packages of certain amounts of hours of support services) during the Support Period, which may be subject to the payment of fees in addition to the Support Fees as set forth on Crytek’s website. If Licensee has purchased packages of hours of support services then the rendering of such support services are subject to a valid subscription of Support. Crytek shall not be obligated to render support services under such packages after the Support Period has expired.
· In no case does Crytek warrant any results or success of Support, only the rendering of Support services.
· Crytek reserves the right to accept or reject Support requests for development services, new features, porting and the like at its sole discretion. The acceptance of Support requests may be subject to further condition as determined by Crytek in its sole discretion, e.g. time and cost forecasts, providing details of hardware configuration, software configuration (including driver versions), error logs, screens shots and detailed reproduction steps. Crytek may also require access to the source code of the Game.
· The Parties agree that the primary means of communication shall be by electronic mail or submission of Support requests to an online software tool established for this purpose by Crytek.
· In case of training the details of the training (especially the dates) are subject to further consultation between the parties. In case of onsite training Licensee shall bear all costs (if any) for traveling, as well as 4-stars accommodation and meals of Crytek's staff involved.
5. Warranty, Indemnification
5.1. 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.
5.2. CRYTEK INDEMNIFICATION DISCLAIMER.
A. In case that German law applies:
5.2.1. Crytek is liable for damages, regardless on which legal basis (be it contract, tort or otherwise) only if (a) such damages are cause by violation of essential obligations of this Agreement (Kardinalpflichten) for Crytek's negligence or intent (Verschulden) which endangers the purpose of the Agreement; or (b) such damages are caused by Crytek’s gross negligence or intent.
5.2.2. In case that Crytek is liable for the violation of an essential obligation of this Agreement (Kardinalpflicht) without acting with gross negligence or intent then the liability is limited to amount of payments received from the respective Licensee.
5.2.3. 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).
5.2.4. 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.
5.2.5. The exclusion or limitation of liability pursuant to this Sec. 5 also applies with respect to claims against Crytek’s staff or contractors.
5.2.6. 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.
5.2.7. If the Licensee 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 Licensee 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.
B. In case that German law does NOT apply:
INDEMNIFICATION DISCLAIMER. EXCEPT FOR INTENTIONAL ACTS OR OMISSIONS OF CRYTEK, IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY DAMAGES, INCLUDING 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.
5.3. Licensee Indemnification: Licensee shall indemnify and hold harmless Crytek against all costs and expenses (including reasonable attorney’s fees and expenses) and all other liability related to any claim on Licensee’s use of the CryEngine.
You are not obliged to report to Crytek any feedback, bug fixes and optimizations made to the CryEngine (including the CryEngine Tools) (collectively the “Feedback”). However, if you report Feedback to Crytek you hereby grant Crytek a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable and perpetual license to such Feedback for the purposes of (1) using the Feedback internally at Crytek, (2) incorporating the Feedback in future releases of the CryEngine and (3) distributing the CryEngine with the embedded Feedback to third parties without restriction in any way and without payment of any additional fees or royalties to Licensee. Crytek acknowledges that it does not obtain any rights in any Game itself.
7. Term and Termination
7.1. The Term of this Agreement and the license granted herein begin on the Start Date and remain in full force and effect unless terminated as set forth in this Agreement.
7.2. Crytek shall be entitled to terminate this Agreement with three (3) months’ notice. However, if Licensee has subscribed for Support for a longer period such longer period shall prevail.
7.3. Crytek shall be entitled to terminate this Agreement for Licensee’s breach of this Agreement of any kind with or without cure notice.
7.4. 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 CryEngine in any manner. All rights granted hereunder shall revert, without notice, to and be vested in Crytek. Upon termination or expiration Licensee shall immediately destroy all copies of the CryEngine in its possession, custody or control. However, the right to distribute Games developed and compiled until the effectiveness of a regular termination or termination for breach by Crytek as set forth in Sec. 2.1.4. shall survive a regular termination or termination for breach by Crytek.
7.5. Termination 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 thisAgreement which by their terms or sense are intended to survive shall survive cancellation, expiration or termination of this Agreement.
8. General Provisions
8.1. Oral agreements have not been made. This Agreement supersedes all prior agreements made between the Parties regarding CryEngine. This Agreement and any other general term published byCrytek reflect the entire agreement and understanding of the Parties with respect to its subject matter. For avoidance of doubt: this Agreement cannot be combined with agreements regardingCryEngine entered into in the past.
8.2. 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.
8.3. 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.
8.4. 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). IfCrytek 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.
8.5. CryEngine contains third party code listed at the end of this Agreement, in a READ ME file and in any other way. 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.
8.6. For Licensees subject to the law of the EU the following shall apply:
Right of Revocation
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract .
To exercise the right of withdrawal, you must inform us, Crytek GmbH, Grüneburgweg 16-18, 60322 Frankfurt am Main, fax +49 69 219 77 66 99, mail: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Crytek GmbH, Grüneburgweg 16-18, 60322 Frankfurt am Main, fax +49 69 219 77 66 99, mail: email@example.com:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
YOUR RIGHT OF REVOCATION WILL PREMATURELY EXPIRE IF BOTH PARTIES HAVE COMMENCED PERFORMANCE AND FULFILLED OBLIGATIONS UNDER THESE TERMS AND CONDITIONS PRIOR TO EXECUTING YOUR REVOCATION RIGHT.
BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.