Red Orchestra 2: Heroes of Stalingrad E U L A [END USER LICENSE AGREEMENT] v. 1 17 July 2011 Tripwire Interactive would like to thank you for getting Red Orchestra 2: Heroes of Stalingrad. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you paid for Red Orchestra 2: Heroes of Stalingrad you did not actually buy the game. What you bought was 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 RED ORCHESTRA 2: HEROES OF STALINGRAD YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE. 1. Limited Use License Red Orchestra 2: Heroes of Stalingrad software and any files that are provided with it by digital distribution or on tangible media, including the RO2 Editor, as well as any printed materials, patches or updates, (collectively referred to as “RO2”) contains copyrighted material, trade secrets and other proprietary material of Tripwire Interactive and its licensors, licensees and suppliers. RO2 is licensed to you for your use. This license is a non exclusive limited license to install and use RO2 for yourself, including use over the internet or on a LAN. Your continuing license to use RO2 is conditioned on your compliance with this EULA. If you violate any of the terms of this EULA, all of your right to use RO2 will immediately end, without any further notification from Tripwire Interactive or anyone else. Once your license is terminated, you will be obliged to immediately uninstall RO2 and all of its components. 2. Permitted User Modifications and New Creations The Red Orchestra 2: Heroes of Stalingrad Editor (“RO2Ed”) comes with RO2. You can use RO2Ed to make mods or create new content to be played in RO2. You agree that you will not distribute or share the RO2Ed because it is not shareware. You agree that any new creations or materials that you make for RO2, with or without the RO2Ed, (collectively referred to as “Mods”) are subject to the following restrictions: $ Your Mods must only work with the full, registered copy of RO2, 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 RO2 or any Mods. Tripwire Interactive got its start as a developer because of the support Epic Games7 provides to the Mod community and we wholeheartedly support the Modding of RO2. But we need to retain all of our ownership rights in RO2 and any works derived from RO2. 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 RO2 content nor can you use any RO2 content outside the scope of the rights granted here. 3. Commercial Exploitation. You may not use RO2, or any Mods created for or from RO2 or using the RO2Ed or any other tools provided with this RO2, 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 RO2 in a “pay for play” environment provided that all computers used have validly licensed RO2 installed, such RO2 having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Tripwire Interactive, operate the RO2 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 can not do with RO2, here is a list of restrictions to your use of RO2 under this EULA: $ You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on RO2 (except as permitted in Section 2, above), disassemble or otherwise reproduce RO2. $ Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute RO2. You may not delete the copyright notices or any other proprietary legends on the original copy of RO2. $ You may not offer RO2 on a pay per play basis or otherwise commercially exploit RO2 or use RO2 for any commercial purpose except as described in this agreement. $ You may not electronically transmit RO2 from one computer to another or over a network except as described in this agreement.. 5. Export Controls You may not ship or export RO2 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 RO2 in violation of any applicable law. RO2 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. Cheats, Cheating and Abusive Behaviors RO2 was made for gamers by gamers. We hate cheaters and will not tolerate anyone cheating in RO2 or any RO2 Mods. It’s a simple as that. If you are cheating in any way, including any attempt by you, either directly or indirectly, to circumvent or bypass any element of the RO2 or any RO2 servers to gain any advantage in multiplayer play of the RO2 or any RO2 Mods, you are in breach of this EULA. It is a breach of this EULA for you, whether directly or indirectly, to create, develop, copy, reproduce, distribute, or use of any software program or any modification to RO2 or any RO2 Mods ("Cheats") that enable a player to gain an advantage or otherwise exploit another player when playing against other players on a local area network, any other network, or on the Internet. Hacking into the executable of RO2 or any RO2 Mods or any other use of the RO2 or any RO2 Mods in connection with the creation, development, or use of any such unauthorized Cheats is prohibited under this EULA. Cheats include, but are not limited to, programs that allow players to see through walls or other level geometry (software or hardware “wall hacks”); programs that let players change their rate of speed outside the allowable limits of RO2 (“speed hacks”); programs that crash any other players, PC clients, or network servers; "aimbots" that automatically target other players or that automatically simulate any other player input to gain an advantage over other players; or any other program or modification that functions in a similar capacity or allows any prohibited conduct. We also will not tolerate anyone using the game, or any servers or forums provided for the game, to be continually or repeatedly abusive to other players. This includes, but is not limited to, "griefing", racist bigotry, sexism or any other forms of "cyber bullying". We will also not tolerate anyone hosting servers for the game where such behaviors are continually or repeatedly allowed to take place. If we find you are a Cheater or Abusive, we will revoke your CD key and ban you from the RO2 servers and tell your mom! Your license will automatically terminate, without notice, and you will have no right to play RO2 or any RO2 Mods against other players or make any other use of RO2. End of story. 7. Copyright. RO2 and all copyrights, trademarks and all other conceivable intellectual property rights related to the RO2 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. RO2 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. RO2 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. Massive Technology This game incorporates technology of Massive Incorporated ("Massive"), a wholly-owned subsidiary of Microsoft Corporation (“Microsoft”), that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer or game console and replaced during online game play. As part of this process, Massive may collect some information about the game and the advertisements delivered to you, as well as standard information that is sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Massive will use this information to transmit and measure in-game advertising, as well as to improve the products and services of Massive and its affiliates. None of the information collected will be used to identify you. For additional details regarding Massive’s in-game advertising practices, please see Massive's In-Game Advertising privacy statement at http://go.microsoft.com/fwlink/?LinkId=122085&clcid=0x409. The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of this product are © 2009 Massive Incorporated. All rights reserved. 9. Disclaimer of Warranty You are aware and agree that use of RO2 and the media on which it is recorded, if any, is at your sole risk. RO2 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. 10. 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 RO2. 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 RO2. 11. 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. 12. Complete Agreement. This EULA constitutes the entire agreement between the parties with respect to the use of RO2, RO2Ed, 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. 13. Acceptance of Terms By selecting the “I Agree” choice during the install and installing RO2, you agree to all of the terms of this EULA. That=s right, all of it. Now get on with the installation and enjoy RO2...we hope you enjoy playing RO2 as much as we enjoyed making it for you. GL & HF!