Typical End User License Agreement
This is a "typical" Tripwire Interactive End User License Agreement (EULA). EULAs in older/legacy games may not have been updated to this version, as that would require recompiling/rebuilding the game and updating the current live version, which is actually complex to do, once we are more than 12 months after we have stopped updating a game.
There is a section on "Anti Cheat", which is only relevant in games that use any Anti Cheat software.
Tripwire Interactive E U L A
END USER LICENSE AGREEMENT - TERMS & CONDITIONS
May 25, 2018
Tripwire Interactive would like to thank you for purchasing our games. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you pay for one of our games you do not actually buy the game. What you buy is a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Tripwire Interactive and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING ANY GAME FROM TRIPWIRE INTERACTIVE, LLC YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE (/policies/privacy-notice), AGREE TO THE TERMS AND CONDITIONS IN THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
Tripwire Interactive software and any files that are provided with it by digital distribution or on tangible media, including any software editors, as well as any printed materials, patches or updates, (collectively referred to as “TWI GAME”) contains copyrighted material, trade secrets and other proprietary material of Tripwire Interactive and its licensors, licensees and suppliers. TWI GAME is licensed to you for your use. This license is a non exclusive limited license to install and use TWI GAME for yourself, including use over the internet or on a LAN. Your continuing license to use TWI GAME is conditioned on your compliance with this EULA. If Tripwire Interactive (in its sole discretion) deems that you have violated any of the terms of this EULA, all of your rights to use TWI GAME will be restricted to the fullest extent allowed by law, up to and including complete termination of those rights, without any further notification from Tripwire Interactive or anyone else. If your license is terminated, you will be obliged to immediately uninstall TWI GAME and all of its components.
2. Permitted User Modifications and New Creations
Some of our games come with a TWI GAME editor. You can use editors to make mods or create new content to be played in TWI GAME. You agree that you will not distribute or share the TWI GAME editor because it is not shareware. You agree that any new creations or materials that you make for TWI GAME, with or without the TWI GAME editor, (collectively referred to as “Mods”) are subject to the following restrictions:
• Your Mods must only work with the full, registered copy of TWI GAME, not independently or with any other software.
• Your Mods must not contain modifications to any executable file(s).
• Your Mods must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.
• Your Mods must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.
• Your Mods must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.
• While we encourage folks to make Mods, Mods will not be supported by Tripwire Interactive and its licensors, licensees or suppliers, and if distributed pursuant to this license your Mods must include a statement to that effect.
• Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Tripwire Interactive. You may exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.
• The prohibitions and restrictions in this section apply to anyone in possession of TWI GAME or any Mods.
Tripwire Interactive got its start as a developer because of the support Epic Games provides to the Mod community and we wholeheartedly support the Modding of TWI GAME. But we need to retain all of our ownership rights in TWI GAME and any works derived from TWI GAME. That's just the way it is. So, go make some more cool stuff. But remember that you do not gain any ownership whatsoever in any TWI GAME content nor can you use any TWI GAME content outside the scope of the rights granted here.
3. Commercial Exploitation
You may not use TWI GAME, or any Mods created for or from TWI GAME or using the TWI GAME editor or any other tools provided with this TWI GAME, for any commercial purposes without the prior written consent of Tripwire Interactive or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the TWI GAME in a “pay for play” environment provided that all computers used have validly licensed TWI GAME installed, such TWI GAME having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Tripwire Interactive, operate TWI GAME in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US $20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and cannot do with TWI GAME, here is a list of restrictions to your use of TWI GAME under this EULA:
• You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on TWI GAME (except as permitted in Section 2, above), disassemble or otherwise reproduce TWI GAME.
• Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute TWI GAME. You may not delete the copyright notices or any other proprietary legends on the original copy of TWI GAME.
• You may not offer TWI GAME on a pay per play basis or otherwise commercially exploit TWI GAME or use TWI GAME for any commercial purpose except as described in this agreement.
• You may not electronically transmit TWI GAME from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export TWI GAME to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize TWI GAME in violation of any applicable law. TWI GAME may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Code of Conduct and Penalties
Tripwire Interactive has established the Code of Conduct (below) for TWI GAME and may, but is not obligated to, take action regarding inappropriate conduct. If you are deemed to be in violation of the Code of Conduct, as determined by Tripwire Interactive in its sole discretion, any or all of the following penalties may be applied, as allowed by law:
• Banning you from all online co-op/multiplayer use of TWI GAME through mechanisms such as a global ban list, Valve Anti-Cheat or any other mechanisms as deemed appropriate by Tripwire Interactive in its sole discretion.
• Revoking of your CD/Digital key for the game and the termination of all use of TWI GAME under this license.
• Reporting of your activities to other potentially concerned parties, including, but not limited to, Steam, your ISP, your Mom and, in the case of suspected illegal activities, the police.
It should be noted that there are tools available within TWI GAME both to protect individual players from abuse (the ability to "mute" other specific players, kick-voting of players) and to protect servers from abuse (kick-voting of players, the ability for server administrators to ban specific players from a server). If you consider a server administrator or host to be abusive, simply do not play on that server. Tripwire Interactive will only consider applying the Penalties for a breach of the Code of Conduct if we, in our sole discretion, are satisfied that the measures available to individual players and server administrators have been attempted and proved ineffective in a specific case.
6.2 Code of Conduct
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game:
• Post, transmit, promote, or distribute Content that is illegal.
• Engage in any other behaviors that are illegal, such as attempting to hack other players' accounts or breaching privacy laws.
• Attempt to transmit damaging programs and/or data that contain a virus, worm, spyware or other malicious software.
• Attempt to use tools or software designed to crash client or server hardware.
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game, repeatedly and/or continually:
• Use, create or distribute cheats, hacks, mods, mutators, exploits or anything else not intended in the game that enable one player to gain an advantage over or otherwise exploit another player they are playing against.
• Abuse other players in ways that are unwanted by those players, whether that be in terms of race, ethnicity, religion, sexual orientation, sexual harassment, gender, heritage or any other method that would be considered objectionable and/or inappropriate in a reasonable person's view.
• Engage in disruptive behavior towards other players ("griefing"). Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within the game.
• Impersonate another person or indicate falsely that you are a Tripwire employee or representative.
6.3 Detecting and Managing Cheats
Tripwire is using the EasyAntiCheat anti-cheat service (“EasyAntiCheat”), which is operated by Kamu, a third-party service provider offering services to Tripwire. EasyAntiCheat has a client software (“Client”) that is integrated into the Software Product. When you start a new Game session the Client will automatically load and install its latest version to the Unit. When you are using the Software Product on your Unit EasyAntiCheat is monitoring the Unit, analyzing the Game binaries and scanning the memory of the Unit for the purpose of detecting and preventing cheating in the Game (“Purpose”). For the Purpose EasyAntiCheat is storing information regarding cheating methods used in the Game (“Data”). By installing, copying, or otherwise using this Software Product, you give your consent that EasyAntiCheat 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, analyzing cheating behavior and cheating codes as well as sharing data about cheats with affiliates of EasyAntiCheat. You are entitled to use the Game (i.e. Software Product) only in accordance with these terms and conditions and privacy statement of EasyAntiCheat.
You will find more information about the privacy practices of EasyAntiCheat on the privacy statement of EasyAntiCheat at www.easyanticheat.net/privacy. If you request that Tripwire Interactive or Kamu (EasyAntiCheat) remove or delete your personal data pursuant to the instructions in Tripwire Interactive’s Privacy Notice (/policies/privacy-notice), your access and use of the Game may be blocked or interrupted. For more information about Tripwire Interactive’s privacy and data collection practices, please refer to Tripwire Interactive’s Privacy Notice (/policies/privacy-notice).
TWI GAME and all copyrights, trademarks and all other conceivable intellectual property rights related to the TWI GAME are owned by Tripwire Interactive or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. TWI GAME must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. TWI GAME was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
8. Disclaimer of Warranty
You are aware and agree that use of TWI GAME and the media on which it is recorded, if any, is at your sole risk. TWI GAME is provided “AS IS.” TRIPWIRE INTERACTIVE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL TRIPWIRE INTERACTIVE OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING TWI GAME. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for TWI GAME.
10. Controlling Law and Severability
This license is governed by and construed in accordance with the laws of the State of Georgia, USA. Exclusive venue for all litigation shall be in Fulton County, Georgia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
11. Complete Agreement
This EULA constitutes the entire agreement between the parties with respect to the use of TWI GAME, TWI GAME Editors, Mods and other related materials and software. Tripwire Interactive reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.tripwireinteractive.com.
12. Acceptance of Terms
By installing TWI GAME, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy TWI GAME... we hope you enjoy playing TWI GAME as much as we enjoyed making it for you.
GL & HF!