LIMITED LICENSE AGREEMENT for the use of the software game The Climb ("THE CLIMB")
This limited license agreement for the use of the computer game “THE CLIMB” on the PC/Windows/Oculus Rift and on the Oculus Quest/Android 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 THE CLIMB.
By downloading, installing, loading or otherwise using THE CLIMB 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 THE CLIMB. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to use THE CLIMB.
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 THE CLIMB in accordance with the instructions provided in the manual or on the packaging of THE CLIMB 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 THE CLIMB on one (1) computer or device at the same time only.
THE CLIMB is licensed, not sold. THE CLIMB 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 THE CLIMB, 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 THE CLIMB, or any element thereof, or the trademarks CRYTEK, THE CLIMB, CRYENGINE, or any other trademark of CRYTEK or any other company.
Any use by Licensee of THE CLIMB 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 THE CLIMB.
THE CLIMB uses Denuvo Anti-Tamper, a digital rights management technology. This digital rights managament 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, THE CLIMB may not function properly and you will have materially breached this Agreement. Upon deinstallation of THE CLIMB the Denuvo Anti-Tamper technology associated with THE CLIMB will be removed from your machine.
CRYTEK shall not be obliged to provide any support for THE CLIMB. 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 THE CLIMB and shall continue in perpetuity until terminated in accordance with this Agreement.
CRYTEK reserves the right to terminate the online features of THE CLIMB with 30 days notice to be announced on CRYTEK’s websites.
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 THE CLIMB in any manner. Licensee shall immediately destroy all copies of THE CLIMB 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 THE CLIMB, 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.
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