Cryengine limited license 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:
• install and use SOFTWARE on computers for the purpose of developing applications;
• develop derivatives of SOFTWARE;
• use derivatives of SOFTWARE for the development of applications;
• non-commercially distribute the applications developed by using SOFTWARE and derivative works of SOFTWARE in object code form only and only as an inseparable part of the applications and only to end users pursuant to an end user license agreement with terms consistent with and no less protective of CRYTEK’s rights than those contained in this Agreement.
1.2 Restrictions on Use: CRYTEK reserves all rights not expressively granted in this Agreement. Without limitation, Licensee shall not:
• use or exploit the following in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to Licensee or any other party:
o SOFTWARE (in whole or in part); or
o derivatives of SOFTWARE (in whole or in part); or
o applications which contain SOFTWARE (in whole or in part); or
o applications which contain any derivatives of SOFTWARE (in whole or in part);
• install, use, copy, distribute, sublicense, sell, reproduce, duplicate, reverse engineer, rent, lease host in any manner or form, in whole or in part SOFTWARE and any supporting documentation pertaining thereto (otherwise as expressively set forth in Section 1.1);
• copy, replicate or mimic CRYTEK games (including without limitation “Crysis”, “Warface” and “Ryse”);
• remove, modify or substitute any trademark, copyright or proprietary notices or this Agreement from SOFTWARE,
• use any CRYTEK trademarks, logos in any manner (other as described above);
• remove, modify or substitute this Agreement from SOFTWARE;
• infringe or violate any intellectual property or proprietary, personal, moral or other rights or the privacy of CRYTEK or any third party;
• use SOFTWARE for applications that are unlawful or offensive under applicable laws;
• use the SOFTWARE to develop cheats, hacks or similar applications;
• transfer or assign this license.
1.3 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.

1.4 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.
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BigDigits Arithmetic Library written by David Ireland © 2001 - 2008 by D.I. Management Services Pty Limited (www.di-mgt.com.au). Used with permission.
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FMOD © Firelight Technologies, Pty.Ltd.
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FreeType © 1996-2002, 2006 by David Turner, Robert Wilhelm and Werner Lemberg (http://freetype.fis.uniroma2.it/FTL.TXT)
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JPEG Group library (Libjpg) © 2010 Independent JPEG Group (http://www.ijg.org/)
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LUA version 5.1 © 1994–2010 Lua.org, PUC-Rio. (http://www.lua.org/license.html)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE
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Speex © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation (http://www.xiph.org/licenses/bsd/speex)

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Squish image library © 2006 Simon Brown (http://code.google.com/p/libsquish)

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE
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STLPort © 1999, 2000 Boris Fomitchev (http://www.stlport.com/doc/license.html)

This material is provided "as is", with absolutely no warranty expressed or implied. Any use is at your own risk.
Permission to use or copy this software for any purpose is hereby granted without fee, provided the above notices are retained on all copies. Permission to modify the code and to distribute modified code is granted, provided the above notices are retained, and a notice that the code was modified is included with the above copyright notice. The Licensee may distribute binaries compiled with STLport (whether original or modified) without any royalties or restrictions.

The Licensee may distribute original or modified STLport sources, provided that:
• The conditions indicated in the above permission notice are met;
• The following copyright notices are retained when present, and conditions provided in accompanying permission notices are met :
© 1994 Hewlett-Packard Company
© 1996, 97 Silicon Graphics Computer Systems, Inc.
© 1997 Moscow Center for SPARC Technology.

Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Hewlett-Packard Company makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Silicon Graphics makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Moscow Center for SPARC Technology makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.
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XML Expat © 2007 James Clarke et al. (http://expat.sourceforge.net)

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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zlib.h © 1995-2004 Jean-Loup Gailly and Mark Adler (http://www.gzip.org/zlib/zlib_license.html)

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.