LIMITED LICENSE AGREEMENT for the use of the video game Hunt: Showdown 1896 (“HUNT: SHOWDOWN 1896”)

1. Subject of the Agreement

This limited license agreement for the use of the video game HUNT: SHOWDOWN 1896 on the Sony PlayStation® 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 HUNT: SHOWDOWN 1896. By downloading, installing, loading or otherwise using HUNT: SHOWDOWN 1896 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 HUNT: SHOWDOWN 1896. If you do not agree with the terms and conditions set forth in this Agreement, you are not authorized to use HUNT: SHOWDOWN 1896.

2. Grant of Limited License

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 HUNT: SHOWDOWN 1896 in accordance with the instructions provided in the manual or on the packaging of HUNT: SHOWDOWN 1896 or indicated otherwise. Unless set forth otherwise in the manual or on the packaging or otherwise indicated to you are allowed to install and use HUNT: SHOWDOWN 1896 on one (1) device at the same time only.

3. Intellectual Property Rights

HUNT: SHOWDOWN 1896 is licensed, not sold. HUNT: SHOWDOWN 1896 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 HUNT: SHOWDOWN 1896, including, without limitation, all copyrights related thereto.

4. Reservation of Rights

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 HUNT: SHOWDOWN 1896, or any element thereof, or the trademarks CRYTEK, HUNT: SHOWDOWN, HUNT: SHOWDOWN 1896, CRYENGINE, or any other trademark of CRYTEK or any other company.

5. Software Use Restrictions

Any use by Licensee of HUNT: SHOWDOWN 1896 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):
• to copy, reproduce, manufacture or distribute (free of charge or otherwise) HUNT: SHOWDOWN 1896, in whole or in part, in any media;
• to transfer, sell, sublicense or lease any rights in and to HUNT: SHOWDOWN 1896 to third parties;
• to use HUNT: SHOWDOWN 1896 contrary to applicable law;
• to create any derived work or to modify HUNT: SHOWDOWN 1896 - – including but not limited to create, develop, distribute, or use any unauthorized software programs (“cheats”, “hacks”, etc.) to gain any advantage in any game mode or to run or use methods which interfere with the outcome and/or the course of the gameplay of HUNT: SHOWDOWN 1896 including cheats, bots, scripts, etc.);
• decompile, reverse engineer or disassemble HUNT: SHOWDOWN 1896.
Licensee shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within HUNT: SHOWDOWN 1896.

6. In-Game Purchases and Virtual Currency

Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America HUNT:SHOWDOWN 1896 offers to opportunity to purchase the virtual currency: Blood Bonds. Blood Bonds are for in-game use only and shall not be sold or exchanged e.g. by a sale of accounts via Ebay or other auction houses.

7. Support

CRYTEK or providers of the platform (e.g. Microsoft or Sony) or their respective affiliates shall not be obliged to provide any support for HUNT: SHOWDOWN 1896. Any support rendered by CRYTEK is subject to its sole discretion and may be terminated at any time.

8. 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 HUNT: SHOWDOWN 1896 and shall continue in perpetuity until terminated in accordance with this Agreement.

CRYTEK reserves the right to terminate the online features of HUNT: SHOWDOWN 1896 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 the software use restrictions named in Section 5 (“Software Use Restrictions”) 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 and Licensee shall have no right to use HUNT: SHOWDOWN 1896 in any manner. Licensee shall immediately destroy all copies of HUNT: SHOWDOWN 1896 in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK.

Termination in accordance with 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.

9. Limitation of CRYTEK’s Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF CRYTEK SERVICES/VIDEO GAMES, CRYTEK SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CRYTEK SERVICES/ VIDEO GAMES, 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/ VIDEO GAMES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE CRYTEK SERVICES/VIDEO GAMES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CRYTEK WILL HAVE ADEQUATE CAPACITY FOR CRYTEK SERVICES/ VIDEO GAMES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

10. Limitation of CRYTEK’s Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRYTEK AND/OR ITS AFFILIATES, CRYTEK’S LICENSORS AND/OR THEIR AFFILIATES, YOUR LICENSORS AND/OR THEIR AFFILIATES OR ITS LICENSORS IS TO STOP USING CRYTEK SERVICES/VIDEO GAMES, AND TO CANCEL YOUR CRYTEK ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT CRYTEK AND ITS AFFILIATES, CRYTEK’S LICENSORS AND THEIR AFFILIATES, YOUR LICENSORS AND THEIR 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/VIDEO GAMES OR USE OF CRYTEK SOFTWARE. IN NO CASE SHALL CRYTEK AND ITS AFFILIATES, CRYTEK’S LICENSORS AND THEIR AFFILIATES, YOUR LICENSORS AND THEIR AFFILIATES OR THEIR RESPECTIVE EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “CRYTEK AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CRYTEK FOR CRYTEK SERVICES/VIDEO GAMES AND/OR CRYTEK SOFTWARE. IN NO CASE SHALL CRYTEK AND ITS AFFILIATES/VIDEO GAMES, CRYTEK’S LICENSORS AND THEIR AFFILIATES, YOUR LICENSORS AND THEIR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF CRYTEK SERVICES, CRYTEK SOFTWARE VIDEO GAMES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF CRYTEK SERVICES/VIDEO GAMES, CRYTEK SOFTWARE 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 ITS AFFILIATES’, CRYTEK’S LICENSORS’ AND THEIR AFFILIATES’, YOUR LICENSORS’ AND THEIR 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 Agreement 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.

11. 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/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.

12. Modifications of HUNT: SHOWDOWN 1896 (only applicable if you purchase HUNT:SHOWDOWN 1896 from CRYTEK; it does not apply if you purchase HUNT: SHOWDOWN 1896 from a store or platform etc. and CRYTEK is not your contractual partner)

a. You acknowledge that HUNT: SHOWDOWN 1896 is a “live service game”. This means that HUNT: SHOWDOWN 1896 and its content, game mode etc. is under constant development. This also includes a change of the name of HUNT: SHOWDOWN 1896. The aforementioned changes do not affect the then current version of this Agreement. Such typical “live services game developments” are therefore a prerequisite of the game, elementary for HUNT: SHOWDOWN 1896 and not considered “Modifications” as set out below in this Section 12.

b. Furthermore, CRYTEK reserves the right to modify HUNT: SHOWDOWN 1896 for good reason (e.g. by adding or removing features) beyond what is necessary to maintain HUNT: SHOWDOWN 1896 in conformity with the Agreement. Such good reason includes but is not limited to modifications (i) to comply with applicable law or case-law, (ii) to implement court or other official orders, (iii) to adapt to changed technical requirements, (iv) to adjust to altered market conditions e.g. increased user numbers, (v) caused by infringement of third party rights, (vi) caused by termination of third party licenses and/or modifications of such third party license terms that are necessary to provide HUNT:SHOWDOWN 1896, (vii) caused by default event of third party service providers, or (viii) for the benefit of all players of HUNT:SHOWDOWN 1896 (the “Modifications”).

c. Such Modifications are at no cost for you. CRYTEK will notify users of HUNT: SHOWDOWN 1896 about such Modifications in a clear and comprehensible manner.

d. In the event that a Modification negatively impacts your access to or usage of HUNT: SHOWDOWN 1896 in a more than just minor way (the “Negative Modification”), CRYTEK will undertake to notify you 8 weeks upfront and inform you about the respective Negative Modification, its date and your rights described below.

e. In the event of a Negative Modification, you have the right to terminate the Agreement within 30 days at no costs upon receipt of the notification. The period to terminate the Agreement begins to run from the date on which you have received the notification, or when the Modification is made, whichever is later. You do not have a right to terminate the Agreement if you still can access and use HUNT: SHOWDOWN 1896 without additional costs.

13. 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 (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 HUNT: SHOWDOWN 1896, 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.

14. General Provisions

a. Entire Agreement: This Agreement (including the Privacy Policy, Code of Conduct, the manual and other supplemental terms provided by CRYTEK and any posted rules or instructions regarding HUNT: SHOWDOWN 1896) constitute the entire agreement between you and CRYTEK relating to your rights and obligations in the use of HUNT: SHOWDOWN 1896. This Agreement completely replaces older versions of this Agreement. If there is any conflict between this Agreement and any other rules or instructions posted by CRYTEK, such other rules or instructions shall prevail.

Applicable provisions in your agreements with the providers of the platform for which you purchased HUNT: SHOWDOWN 1896 (e.g. Microsoft, Sony) shall remain unaffected.

b. Remedies. This Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

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, CRYTEK and Licensee will work together in good faith to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The remaining provisions of this Agreement shall not be affected.

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. CRYTEK provides you this Agreement in all languages it is localized. Since it cannot be fully ruled out that there might be a discrepancy in the meaning of certain terms, in case of such discrepancies the English version shall prevail.

g. Governing Law and Jurisdiction. (i) The laws of Germany, excluding its conflicts-of-law rules, govern this Agreement; This choice of law, however, does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable. (ii) If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the courts of Frankfurt a. M./Germany. 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. In all other cases, the place of jurisdiction shall be determined in accordance with the general rules.

h. CRYTEK's licensors/providers of the platform (e.g. Microsoft or Sony) 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.

i. HUNT: SHOWDOWN 1896 may include third party code provided under different license. Please check the credits for further information.

j. Amendments of this Agreement.
(i) Amendments of this Agreement shall become effective upon active acceptance by the Licensee or as described as follows:
(ii) CRYTEK reserves the right to amend this Agreement in case that this becomes necessary due to the further development of HUNT: SHOWDOWN 1896 or because new functionalities will be implemented.
(iii) CRYTEK will notify you of the modified terms before they will enter into force..
(iv) At the same time, CRYTEK will grant you an adequate period of at least six weeks to terminate the Agreement, in case that you do not agree with the modified Agreement. Please note that after such termination you are no longer entitled to use HUNT: SHOWDOWN 1896.
(v) If you do not terminate the Agreement within the aforementioned period, the modified terms shall apply as of the planned date specified in the notification described above. Your continued use of the the video game Hunt: Showdown 1896 will demonstrate your acceptance of the amended any new version of this Agreement.

k. The European Commission provides a platform to facilitate the independent and out-of-court resolution of online disputes between consumers and professional suppliers, accessible at the following address: https://ec.europa.eu/consumers/odr/.

CRYTEK is not obligated and not willing to participate in such online dispute resolution.

15. Licensees with residence in the European Union (EU) or the European Economic Area (EEA)

For Licensees with residence in the European Union (EU) or the European Economic Area (EEA) the following shall apply:
a. Instead of Section 10 "Limitation of CRYTEK's Liability" the following shall apply:
i. All liability of CRYTEK, in particular with regard to any claims of the Licensee for compensation and the reimbursement of any expenditure incurred without effect, shall be based solely upon this Section 15, regardless of the legal nature of the claim.
ii. With respect to statutory claims in connection with the supply of digital products (Sections 327 et seq. German Civil Code (BGB), CRYTEK is not liable for the compensation of damages.
iii. CRYTEK is liable in accordance with the statutory provisions in the event of intent and gross negligence. CRYTEK is liable according to the statutory provisions in the event of death, bodily injuries or adverse health effects.
iv. If no case according to Section 15. a. iii. is given, CRYTEK is liable only for breach of an essential contractual duty, however limited to typical, foreseeable damages. An essential contractual duty is a duty which enables the orderly implementation of the Agreement in the first place and on the due observance of which the Licensee regularly trusts and may regularly trust, i.e. those rights and obligations which are essential to fulfil the content and purpose of the Agreement.
v. The limitation of liability also applies respectively in favour of the employees, agents, legal representatives and assistants of CRYTEK.
vi. Any liability of CRYTEK for guarantees provided or for claims under applicable product liability laws shall remain unaffected by Section 15 a. iv.

b. Instead of Section 11 (“Licensee's Warranties and Indemnification”) the following shall apply:
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. Section 13 (“Breach of the Agreement”) shall not apply.

d. Section 14 c. shall apply as follows:
Transfer of Rights. CRYTEK shall be entitled to transfer any rights and obligations under this Agreement or the whole Agreement to its affiliates or third parties. In this case, Licensee shall have the right to terminate the Agreement. Licensee shall not transfer any rights and obligations under this Agreement without CRYTEK's prior written approval; this does not apply to any money-related claims or if the Licensee has any interest worthy of protection in the exclusion of assignment or their legitimate interests in the assignability of the right outweigh CRYTEK’s interest worthy of protection in the exclusion of assignment.

16. Easy Anti-Cheat

HUNT: SHOWDOWN 1896 is using Easy Anti-Cheat anti-cheat service (“Easy Anti-Cheat"), which is operated by a third-party service provider offering services to Publisher. Easy Anti-Cheat has a client software (“Client") that is integrated into HUNT: SHOWDOWN 1896. When you start a new game session the Client will automatically load and install its latest version to your computer. When you are using HUNT: SHOWDOWN 1896 on your computer Easy Anti-Cheat is monitoring the computer, analysing HUNT: SHOWDOWN 1896's binaries and scanning the memory of the computer for the purpose of detecting and preventing cheating in the HUNT: SHOWDOWN 1896 (“Purpose"). For the Purpose Easy Anti-Cheat is storing information regarding cheating methods used in the HUNT: SHOWDOWN 1896 (“Data"). By installing, copying, or otherwise using HUNT: SHOWDOWN 1896, you give your consent that Easy Anti-Cheat may gather, store, share and publish Data for the sole purpose of the Purpose. The Data will be used solely for the Purpose including but not limited to identifying and banning players who are cheating in computer games, analysing cheating behaviour and cheating codes as well as sharing data about cheats with affiliates of Easy Anti-Cheat. You are entitled to use HUNT: SHOWDOWN1896 only in accordance with these terms and conditions and privacy statement of Easy Anti-Cheat.