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Relic End User License and Service Agreement ("Relic EULA")
Effective Date: 6/12/2024
This is a legal contract (this “Agreement” or this “Relic EULA”) between you and us, Relic Entertainment, Inc. (“Relic” or “We”). We developed and own various games including the games listed below (our “Games”), as well as services and online materials, including websites and online forums, in support of our Games (the “Services” and, together with our Games, our “Offerings”). This Agreement sets out the terms of your access to our Offerings, including your licence to install and play our Games. To confirm, our Games are licensed and not sold, and access to any of our Offerings is always subject to this Agreement.
By purchasing a licence to, installing, or using one of our Offerings you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not install or use our Offerings.
When we refer to our Games, we are collectively referring to any of the following video games as well their related Editors and Additional Content (both defined below):
• Age of Empires IV.
• Company of Heroes; Company of Heroes: Opposing Fronts; Company of Heroes: Tales of Valor; Company of Heroes 2; Company of Heroes 2: The Western Front Armies; Company of Heroes 2: Ardennes Assault; Company of Heroes 2: The British Forces; and Company of Heroes 3.
• Dawn of War; Dawn of War: Winter Assault; Dawn of War: Dark Crusade; Dawn of War: Soulstorm; Dawn of War II; Dawn of War II: Chaos Rising; Dawn of War II: Retribution; and Dawn of War III.
• Warhammer 40,000: Space Marine
Our Services include the following that require an “Account”:
• Online Forums: Where you can take part in a community-based global experience with participation involving sharing feedback, and communicating with other users of our Offerings worldwide, and our development studios, including but not limited to: (i) Dawn of War Forum (https://community.dawnofwar.com/) and (ii) Company of Heroes Forum (https://community.companyofheroes.com/), as well as (iii) any other forum which is owned and operated by Relic. This does not include forums operated by third parties (e.g. Discord, Reddit) for which users will have to agree to third party terms and conditions.
• Games2Gether Platform (https://www.games2gether.com/) Where you can share creative ideas with Relic’s studios during the development of its Games, as well as participating in competitions, events and other community-based activities.
• Relic Link Account: Registering for a Relic Link Account is required before you can access Relic’s online forums for the Games “Dawn of War” and “Company of Heroes”.
• E-Commerce Store Account: You will have the option to register for an Account when you purchase a Product via Relic’s e-commerce store.
Please read this Agreement carefully as it sets out what you are able to do with our Offerings, Relic’s and your legal obligations to one another regarding our Offerings, and the procedure if there is ever a dispute between you and Relic regarding our Offerings, including in respect of any Account with us or our service providers. If you have any questions about this Agreement, please contact us at legal@relic.com with a copy to Relic Entertainment, Attention: Legal Department, 285 West 5th Ave, Vancouver, BC V7Y 1J3.
1. Age Requirements
Each of our Games have age ratings that are clearly indicated in our marketing and where they are sold. You must be at least the minimum age indicated in this rating to purchase a licence to (and therefore play) our Games, and similarly you must meet such minimum age for related Offerings such as our Online Forums and the like. If you are younger than this minimum age you cannot purchase a licence to our Games or use the related Offerings. If you are younger than this minimum age and make a purchase, we have the right to terminate your licence and/or your access to our Offerings.
Subject to applicable Game age ratings, online Offerings are available to individuals aged 13 or older. If you are at least 13 but under the age of majority in your applicable jurisdiction, you may not register for an Account and/or use the online Offering, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the online Offerings and/or before any personal data is collected by Relic. By using any online Offerings, you warrant that you are old enough to use the online Offerings without supervision. If you are under the required age, your parent or legal guardian warrants that they are familiar with any parental controls available within the Offering and are supervising and monitoring your use of the Offering at all times, including to ensure that you do not upload or share any personal data without first obtaining their consent.
Some of our Offerings may not be appropriate for children under a certain age. Where possible, we shall provide an indication of the appropriate age based on the content contained within the Offering. If you provide date of birth information during the registration process, we shall (where practicable) take steps to prevent your access to features of the Offering which we deem to be inappropriate for your age. The age rating is a guideline only and Relic shall not be liable in the event that you (and/or your parent and/or your legal guardian) deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Offerings are rated and some may contain adult language and material.
2. Your Licence To Use Our Offerings
We own our Offerings. When you purchase a licence to one of our Games, or you access or use our other Offerings, we grant you a limited licence to use that Offering (and, in the case of a Game, to install and run that Game) for your own personal entertainment and not for any commercial use. These limitations apply to your licence our Offerings:
• Non-exclusive: Means that we can licence the Offering to other people too.
• Non-transferable and non-sublicensable: Means that you can’t sell, transfer, or share your licence to the Offering to another person unless we agree otherwise.
• Platform Limited (Games): This means that when you purchase a licence to the Game on a particular Third Party Platform (e.g. Steam, Epic Game Store, etc., as defined below) you can only install and play the Game through and using that Third Party Platform.
• Revocable: Means that in certain circumstances, all of which are described in this Agreement, we may terminate your licence to the Offering. See Section 15 for more.
• Personal Entertainment, Non-Commercial Use: Means that your licence only allows you to use the Offering for personal purposes and that you cannot use the Offering to make money in any way; for Games, this means you can only install and run the Game in order to play the Game (or properly use an Editor, as defined below).
“Additional Content” includes Virtual Items (defined later on) as well as updates, expansions, downloadable content, and other additional content we release related to our Games. Our Games and Additional Content are licensed separately unless we say otherwise (for example, when you purchase a Game and Additional Content bundle).
Some of our Offerings include an “Editor” which is specific software that allows you to construct new variations, modifications, derivations, adaptations, or improvements to an Offering (see the Modding Terms Schedule) or to generate User-Generated Content (see Section 5 below). Some Editors are provided by Relic and others are authorized by Relic but are provided by third parties.
All Additional Content and Editors form part of their respective Game and as such the above licence terms apply to all Additional Content and Editors too.
The existence of a particular Offering is not a commitment by Relic to maintain or continue to make the Offering available in the future. The scope, variety and type of Offerings can change at any time. Relic has the absolute right to manage, regulate, control, modify or eliminate such Offering at any time as it sees fit in its sole discretion without notice, and Relic will have no liability to you or anyone for the exercise of such rights. Please refer to Section 16 below for more information about how we may make changes to Offerings or this Agreement.
3. Buying a Licence to a Game; Registering for Other Accounts
(a) Games Licenses
We mainly sell (either ourselves or in some cases through other publishers) licences to our Games through third party distribution platforms such as Steam, the Epic Games Store, the Sony PlayStation Store, the Apple App Store, the Google Play Store, the Amazon Prime Gaming store, or the Microsoft Store (each, a “Third Party Platform”).
In order to purchase a licence to a Game on a Third Party Platform, you must have an account on their Third Party Platform (a “Platform Account”). Platform Accounts are provided and managed by the Third Party Platform owner, not us. These Third Party Platforms have their own terms and conditions and privacy policies which apply to your Platform Accounts and your use of them; including the purchases you make with them (and refunds and similar mechanisms). We don’t have any control over or responsibility for your Platform Account or any terms which may apply to them. Please review these Third Party Platform’s terms before you make any purchases so that you can fully understand your rights and obligations regarding your purchases. As such, if you have any questions or concerns about your purchases on a Third Party Platform, including refund requests, please first contact the Third Party Platform from which you purchased your licence.
Sometimes, we may sell you licenses directly from Relic’s own Offerings; in such case we will make the Offering available to you via download. All purchases directly from Relic are non-refundable. If you dispute any charges relating to an Offering you have purchased directly from Relic, you must contact us within 30 days of the charge. If you don’t notify us within that 30-day period, then you will have waived any right to dispute the charge.
(b) Registering for Accounts
Any individuals that access any of our online Offerings but are not registered for an Account may be able to see or use the Offering, but may not be able to participate in all of the Offering functionalities. For example, to participate in Online Forums, you must register for an Account.
You may be prompted to register for an Account in a number of ways, including but not limited to:
• before, during or after the purchase and activation of any Game or other Offering, which may include prompts and notification screens during gameplay or use;
• by visiting websites or forums operated by, or on behalf of, Relic and/or its affiliated businesses; or
• by email (where you are an existing customer of Relic and your contact details have been collected by Relic or any of its affiliates).
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current, and complete. Relic reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You should create your Account with a strong password, which is different from any password you use for your other online services. The system may remember your sign-in information depending on your browser and/or device settings and whether you select the option to store these settings, which means that you will be automatically signed into your Account for some or all of the Offerings which are available to you. Your password may be reset at any time by clicking on the “Forgotten Password” button on the login screen. A password reset prompt will be sent to the email address registered with your Account.
You must keep your Account secure and keep your Account details confidential. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
The information you give us during your registration may be used by Relic, its affiliated companies and third parties responsible for providing the Offerings and operating your Account. In particular, we may send emails about the features of Offerings that you have purchased or which are available to you as a result of registering and maintaining your Account, as well as information about associated Offerings, to the email address you register. See Section 6, below, for more information about our Privacy Policy.
We may give you the option to register for your Account using Third Party or social networking services ("SNS") such as Facebook. With your express consent, we may extract certain personal data that you have provided to the Third-Party Platform and/or SNS (such as your name and email address) from the account you have with the applicable service and use that information to create your Account. You agree to provide accurate, current, and complete information to the Third Party Platform and/or SNS and to update such information to keep it accurate, current,, and complete.
4. Virtual Items
Some of our Offerings include the option to purchase a licence to in-game currency (“Virtual Currency”), in-game digital items and other virtual, in-game goods and services (collectively with Virtual Currency, "Virtual Items"). Licences to Virtual Items may be obtained as follows: (i) through use of the Offering (such as gameplay within the Game) where such Offering so permits, (ii) through purchase from third parties, such as operators of Third Party Platforms in exchange for "real world" money if you are a legal adult in your country of residence, (iii) through purchase using Virtual Currency in some circumstances, (iv) through purchase from Relic in exchange for "real world" money if you are a legal adult in your country of residence, (v) through exchange of credits or other Virtual Items from the Third Party Platform, so long as such an exchange is permitted by the applicable Third Party Platform and Relic, or (vi) through interaction or participation with certain third-party advertisements and services.
Relic has no control over how Third Party Platforms operate a system of credits or Virtual Items and whether or not such credits or Virtual Items can be exchanged with the Virtual Currency, so this method of obtaining Virtual Currency may not always be available to you. In addition, Relic has no control over the pricing, payment and billing policies applicable to such purchases from third parties. If you choose to purchase a licence to Virtual Items directly from Relic or its authorized affiliates (that is, not through a Third Party Platform), you agree to the pricing, payment and billing policies applicable to such fees and charges, as notified to you at the time of purchase. All fees are non-refundable. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase.
Virtual Items are digital items with no “real world” cash or other value. Virtual Items may never be redeemed for "real world" money, goods or other items of monetary value from Relic or any other party. Virtual Items are licensed to you and not sold. Your right to use any Virtual Items that you obtain are limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Items solely for your personal entertainment and non-commercial use and for no other purpose, consistent with all of our Offerings as set out in Section 2 above. You agree that Relic has no obligation to refund or otherwise compensate you for any Virtual Items for any reason, including due to the termination of your licence to any Offering or this Agreement, whether voluntary or involuntary. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Items, which remain the exclusive property of Relic.
Except where explicitly authorized by Relic in writing, (i) transfers of Virtual Items are strictly prohibited (including between different Offerings or Relic Accounts); (ii) you may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value; and (iii) Relic does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the "real world" of anything that appears in our Games. Any attempt to do any of the foregoing is in violation of the terms of this Agreement will result in an automatic termination of your rights to use the Virtual Items and may result in the termination of your licence to use our Offerings and/or possible legal action.
YOU AGREE THAT ALL PURCHASES OF LICENCES TO VIRTUAL ITEMS ARE FINAL. NO REFUNDS WILL BE GIVEN, EXCEPT IN RELIC'S SOLE AND ABSOLUTE DISCRETION.
As stated above, the existence of a particular offer of a licence to Virtual Items is not a commitment by Relic to maintain or continue to make such licences available in the future. The scope, variety and type of licences to Virtual Items that you may obtain can change at any time. Relic has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items, including licences thereto, at any time as it sees fit in its sole discretion without notice, and Relic will have no liability to you or anyone for the exercise of such rights. Please refer to section 16 below for more information about how we may make changes to our Offerings or this Agreement.
5. User Generated Content (other than Mods)
This Section does not apply in relation to the creation of any Mods (as defined in the Modding Terms Schedule), which are governed by the additional terms in the Modding Terms Schedule attached to this Agreement.
The following terms apply both in relation to the Editors provided to you for use with our Offerings, and to any other technology (including third party software) that may be used with an Offering, including in respect of Games that allow the synchronization of audio, visual or audio-visual content which is created by you. This includes but is not limited to fan art, forum posts, Let’s Play videos, Twitch streams (“User-Generated Content”) that in any way use our Offerings, including audiovisual content that is created from or otherwise contains our Offerings (collectively, “Relic Footage”). We own all Relic Footage.
As part of your licence (this means that it lasts for the same duration as the license to you under Section 2, and if that license is revoked then so too is this licence), Relic hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, non-commercial (except as permitted below), limited, fully revocable right and license to use our Offerings or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which Relic publishes from time to time. The licence you have been granted to synchronize Relic Games and the Game Footage does not include any rights to (a) sell the Game Footage; (b) distribute, publicly perform or publicly display of any Game Footage other than as expressly authorized herein or in any policies published by Relic; (c) modify or otherwise make any derivative uses of our Games or Game Footage for any other reason. This license does not permit you to commercialize your User-Generated Content in any way except as follows: (1) where you promote your User-Generated Content on a platform that passively generates revenue through advertisements (including ad breaks, pre-User-Generated Content ads, and sponsor ad overlays) where the advertisements are appropriate in Relic’s sole discretion, and (2) where you solicit personal donations or offer subscription-based content solely in connection with making available your User-Generated Content, so long as non-subscribers and those who do not pay can still fully view and interact with your User-Generated Content.
You own your User-Generated Content excluding any of our Offerings, Game Footage, or any other intellectual property of Relic that is licensed to you and contained within your User-Generated Content. However, in order to use our Offerings or Relic Footage and by creating User-Generated Content, you automatically grant to Relic an irrevocable, perpetual, worldwide, royalty free, transferrable, sub-licensable right and license to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit the User-Generated Content (or any part thereof). Unless prohibited by applicable law, you hereby waive the benefit of any moral rights, droit moral, or any similar law in any country of the world with respect to User-Generated Content in favor of Relic. You shall not be entitled to any compensation for User-Generated Content except as part of a separate written agreement between you and Relic. You also agree that Relic may use User-Generated Content in any manner it deems appropriate.
You are responsible for the User-Generated Content you create. You will ensure that your User-Generated Content (i) is not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Relic; (ii) does not infringe any rights of any person or otherwise result in any potential liability to Relic; and (iii) is not be used for commercial purposes or commercially exploited by you in any way (through pay-per-play or timesharing services or otherwise) unless expressly authorized by Relic or this Agreement.
Subject to applicable law, Relic may (but is not obligated to) remove, disable, block, edit, or move any User-Generated Content for any reason at its sole discretion, including if Relic determines the User-Generated Content violates this Agreement. Relic does not assume any responsibility or liability for User-Generated Content, for removing it, or not removing it. Relic does not pre-screen User-Generated Content and does not endorse or approve any User-Generated Content available on or through the Game. You are responsible for your User-Generated Content and may only upload or transmit User-Generated Content that you own.
Unless we have given you permission in writing, you may not use our Offerings or any Game Footage in connection with training or improving any artificial intelligence technology, software, or system.
6. Privacy
We respect your privacy and only collect, use and disclose your personal information as described in our Privacy Policy and in this Agreement. When you agree to this Agreement, you also consent to the collection, use and disclosure of your personal information as described in this Agreement and our Privacy Policy at https://content.relic.com/legal/privacypolicy.html We encourage you to carefully read our Privacy Policy before you agree to this Agreement.
7. Technical Protection Measures
Some of our Games are protected by access controls, anti-cheat/hacking software including for example, Denuvo Anti-Tamper Protection Technology, or similar protection measures (collectively, “TPMs”). If TPMs are used, you hereby acknowledge and agree to the following regarding the TPMs:
(a) the installation of the Game will cause the TPMs to be installed on your device;
(b) the TPMs may limit the number of installations of the Game;
(c) the TPMs may install on your device additional components required for copy protection;
(d) during the installation and/or the first launch of the Game, an online connection may be required to activate the Game and the TPMs; and
(e) certain files of the TPMs may remain even after the Game is uninstalled from your device.
In no event shall Relic be liable to you in connection with the components that may be installed on your device relating to the TPMs. If you disable or otherwise tamper with the TPMs, the Game may not operate properly and you are in material breach of this Agreement.
For more information on Denuvo Anti-Tamper Protection Technology and their privacy practices, please see their privacy policy at: https://irdeto.com/privacy/
8. Communication Features
Relic may make email, messaging, blogging, or chat (collectively, "Communication Features") available through one of our Offerings, either directly or through a third-party provider. Relic is not responsible for communications made by other users via the Communication Features. We are not responsible for communications made by you via the Communication Features. You acknowledge and agree that your communications made via the Communication Features are public and not private communications. You acknowledge and agree that personal information that you communicate via the Communication Features may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Features unless you wish such information to be made permanently available to the public.
Relic may reward you for your participation in certain activities within the Offerings. For example, you may be awarded points when using the Games2Gether Platform by registering on the platform, entering a competition, and/or engaging in certain discussions. These points may entitle you to vote in order to influence the decision making process of Relic or one of its development studios, including but not limited to (i) determining the functionality and designs for future Offerings, (ii) identifying bugs that should be addressed by Relic in future updates, and (iii) selecting preferred fan art and mods that have been published by other users (“Suggestions”). Relic has the discretion to allocate rewards and achievements to your Account, or to remove rewards and achievements that have already been awarded, as it sees fit in its sole discretion, and Relic will have no liability to you or anyone for the exercise of such rights. For the avoidance of doubt, Relic shall be under no obligation to use any Suggestions you may propose. Relic shall use its absolute discretion in deciding whether it uses any such Suggestions in future updates of any Relic titles. All Suggestions are “User-Generated Content” or “Mods” and subject to the terms of Section 5 or the Modding Terms Schedule, as the case may be.
9. Your Responsibilities
As a condition of your licence and in connection with our Offerings and any Communication Features, you agree that you must behave decently, respectfully and with consideration for Relic and other users. Without limiting that, you will:
• comply with the terms of this Agreement;
• When playing Games and otherwise using our Offerings, comply with all laws that are applicable to your use of our Offerings;
• When playing Games and otherwise using our offerings, comply with any policies or rules that we may publish from time-to-time, including for example community codes of conduct;
• not hack, reverse engineer, disable, disrupt or interfere with the functioning of our Offerings;
• not circumvent any TPMs;
• not use our Offerings in any manner that could damage or impair our Offerings or interfere with any other party's use and enjoyment of our Offerings (this includes any forms of hacking, cheating or circumvention);
• not harass or threaten any other user of our Offerings or any Relic employee or representative;
• not impersonate another person, indicate that you are a Relic employee or representative (if you are not) or attempt to mislead other players by indicating that you represent Relic in any way;
• not attempt to gain unauthorized access to our Offerings, other accounts, computer systems or networks connected to our Offerings, through hacking, password mining or any other means, including any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Relic or other generally available third party web browsers;
• not upload to or transmit to us or any other person anything that may be defamatory, fraudulent, threatening, abusive, obscene, pornographic, harmful or invasive of anyone's privacy, may violate any law including privacy or other laws, or may give rise to civil or other liability;
• not upload or transmit to us anything that may infringe, misappropriate or violate a third party's patent, copyright, trade mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• not upload to or transmit to us or any other person any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to our Offerings;
• not use our offerings for spamming, other advertising, or other bulk message transmission, or use the Offering to promote or operate any service or commercial enterprise;
• not use abusive or offensive language during your use of our Offering, including on any forums, chat rooms, or web sites; and without limiting that you will not (i) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (ii) be violent or threaten or promote violence or actions that are threatening to any person or entity; or (iii) promotes illegal or harmful activities or substances;
• not collect, store or publish any personally identifiable information (name, address, account name, etc.) from the Services or related features and services from other users without their express permission;
• not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of Relic (in any event, any such attempts will be void); and/or
• not encourage, assist or attempt to trick other players into breaking this Agreement.
We have zero tolerance for cheating and illegal behavior. In addition to any other remedies we may have, if you breach your responsibilities, we may, in our sole discretion, suspend or revoke your licence to play our Games and/or otherwise use our Offerings.
Some Offerings may, themselves, contain further rules for use that are posted by Relic or our third party providers (“Rules”). Those Rules, in addition to this Agreement, will govern your use of such Offering. Your cooperation in understanding and complying with the Rules is essential to ensure that all users can enjoy their experience with the offerings.
10. Third Party Links
Relic may provide links to other third-party websites, applications, or resources through an Offering, either directly or through a third-party provider. Relic makes no representations whatsoever about any other web site which you may access. Because Relic has no control over such sites and resources, you acknowledge and agree that Relic is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk.
11. Shutdown of Online Offerings
Relic reserves the right to stop offering or supporting online Offerings at any time. If this happens, any related account or data you have may be terminated and you may lose your ability to access some or all portions of the Offering (or, if the Offering is related to a Game, some features of that Game), such as earned or purchased licensed to Virtual Items, and User-Generated Content. Relic shall not be required to provide refunds, benefits, or other compensation in connection with discontinuing such online services. Please refer to section 16 below for more information about how we may make changes to our Offerings or this Agreement.
12. Interruptions, Errors and Downtime and other Disclaimers
Some of our Offerings have online features or otherwise require internet connections. As with all online services, your access to our online Offerings may be interrupted from time-to-time. While we work hard to prevent errors, we also don’t promise that our Offerings are error free.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF WARRANTIES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, THE FOLLOWING CLAUSES WILL NOT APPLY TO YOU TO STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
OUR OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF OUR OFFERINGS, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY OF OUR OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, INTEROPERABLE WITH THIRD PARTY SOFTWARE OR THAT OUR OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, RELIC DOES NOT WARRANT THE PERFORMANCE OF ANY OFFERING ON YOUR SPECIFIC DEVICE. YOU ACKNOWLEDGE THAT RELIC’S PRODUCTS EVOLVE OVER TIME AND THAT YOU MAY BE REQUIRED TO UPDATE THE MINIMUM SYSTEM REQUIREMENTS FOR THE PRODUCT IN ORDER TO USE THE OFFERING. YOU FURTHER ACKNOWLEDGE THAT RELIC HAS THE UNFETTERED RIGHT TO MAKE CHANGES TO ITS OFFERINGS AND MINIMUM SYSTEM REQUIREMENTS AT ANY POINT WITHOUT NOTICE TO YOU.
13. Limitation of Liability
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, THE FOLLOWING CLAUSES WILL NOT APPLY TO YOU TO STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
IF YOU USE ANY OF OUR OFFERINGS, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA, THAT ARISES FROM OR RELATES TO ANY OF OUR OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT YOUR AND RELIC’S INTENT IS THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RELIC IS TO STOP USING THE RELIC OFFERINGS.
WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY OFFERING OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OF OUR OFFERINGS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH ANY OFFERING OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OFFERING; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OFFERING NOT BEING EFFECTIVE, ACCURATE OR RELIABLE; (E) ANY OTHER MATTER RELATING TO ANY OFFERING OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OFFERING. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.
IF, DESPITE THE LIMITATIONS SET OUT ABOVE AND ALL OF THE TERMS OF THIS AGREEMENT, WE BECOME LIABLE TO YOU IN RESPECT OF AN OFFERING OTHERWISE UNDER THIS AGREEMENT, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF (A) THE FEES YOU PAID TO US IN RELATION TO THE OFFERING IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) OR $100.
14. Indemnification
Upon request by Relic, you agree to indemnify, and hold Relic and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including our legal fees, that arise from (a) your use of, or activities in connection with any Offering (including but not limited to the creation and use of User-Generated Content); (b) any violation of this Agreement by you; (c) any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party; or (d) any allegation that any content that you make available via or using an Offering (including any User-Generated Content) infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You agree to cooperate with Relic in the defence of any such claims including (i) at the request of Relic, ceasing or taking any action to reduce any potential liability; (ii) providing Relic with any materials, communications, information, or data relevant to any indemnified claims; and (iii) upon and to the extent requested by Relic, participating in the defence of any indemnified claims at your own cost.
15. Termination
Without prejudice to any of our rights under this Agreement or at law or equity, we may (in our sole discretion) terminate this Agreement and your access to an Offering (and may close any Account) immediately if you breach this Agreement. Without limiting our right to the foregoing, we may also (in our sole discretion) suspend your access to any online Offering or Account.
You may permanently close a Relic Account at any time by contacting customer services at https://help.relic.com/
In the event of any the temporary or permanent suspension or termination of any online Offering or your Account, you will not be entitled to any refunds for any part of any Offerings that are no longer available to you as a result.
IF WE CLOSE ONE OF YOUR ACCOUNTS, (A) UNLESS NECESSARY TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR AT LAW, WE WILL PROMPTLY DELETE OR ANONYMISE THE DATA ASSOCIATED WITH YOUR ACCOUNT SO THAT YOU CAN LONGER BE IDENTIFIED; AND (B) YOU WILL NOT BE ABLE TO ACCESS YOUR ACCOUNT NOR USE THE OFFERINGS REGISTERED TO THAT ACCOUNT. WE SHALL NOT BE OBLIGED TO PROVIDE YOU WITH A REFUND FOR ANY UNUSED PORTION OF ANY OFFERINGS UNLESS WE ARE REQUIRED TO DO SO BY LAW.
The following provisions of this Agreement will survive any termination, suspension or expiry of this Agreement: Sections 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, and the Modding Terms Schedule
16. Changes to our Offerings and this Agreement
From time to time, without prior notice, we may in our sole discretion add new features to our Offerings, remove existing features from our Offerings, or otherwise modify or update our Offerings. We may provide updates that must be installed on your device for you to access and use our Offerings. Typically, such updates are handled by the Third Party Platform that provided you with the Offering (for example, updates to a Game purchased on the Steam store are handled by the Steam platform). Where you have enabled any in-Game feature to do so, you also consent to us remotely installing updates to our Games’ software that resides on your device, without further notice.
We may revise and modify any provision of this Agreement (including any applicable fees and service charges) at any time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Offering after the Agreement changes or by contacting you through your Account or through the email address associated with your Account. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Offering following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Offering. To the extent required by applicable law, we will notify you no fewer than 30 days before such changes come into force. You have the right to refuse this change and cancel this Agreement with us by sending us notice to that effect no later than 30 days after such changes into force.
17. Injunctive Relief
Because Relic would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Relic shall be entitled, without having to post bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
18. Dispute Resolution
Some jurisdictions, do not permit choice of law and choice of forum clauses. If you are a resident of such a jurisdiction, the following clause will not apply to you strictly to the extent prohibited by law (but will otherwise be enforced to the fullest extent permitted by law).
This Agreement and any dispute arising out of or relates to it shall be construed under laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts of competent jurisdiction sitting in the City of Vancouver, Canada however, we may apply to any court of competent jurisdiction worldwide for interim protection or equitable relief such as an interlocutory or interim injunction. You and Relic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. You and Relic also agree to waive any right to a jury trial.
19. International Use
Although the Offerings may be accessible worldwide, we make no representation that the Offerings are appropriate or available for use in locations outside of Canada (unless otherwise specified at the time of purchasing and/or registering for the Offering) and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Offerings from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Offerings is void where prohibited. Without limiting the foregoing, the Offerings may not be exported or re-exported (a) into (or to a national resident of) any countries embargoed by Canada or the United States or (b) to anyone to whom export is prohibited by law in Canada or by way of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Offerings, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
20. Miscellaneous
This Agreement represents the complete agreement between you and Relic concerning our Offerings and supersedes all prior agreements and representations, warranties or understandings between you and Relic (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the U.K. Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded. The parties expressly agree that the Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Relic may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement.
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MODDING TERMS SCHEDULE
Where possible, Relic encourages its users to express their creativity and enhance the experience of certain Games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with our Games ("Mod" or "Mods"). In order to protect Relic, the Game, any third-party licensors that have licensed intellectual property to Relic for use in the Game, and users that create Mods, the following terms apply ("Modding Terms"). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods. This Modding Terms Schedule forms part of our Relic EULA. Capitalized terms not defined in these Modding Terms are defined in the Relic EULA.
Please note that Relic prohibits the creation of Mods for certain Games. This may be due to third party licensing issues which prevent Relic from allowing its users to create Mods. In such instances, you shall not be entitled to create Mods for that Game and the Modding Terms shall not apply.
You can find out which Games allow for the creation of Mods by visiting the applicable Modding Page (as defined below). If you are unsure as to whether the creation of Mods is prohibited for your Game, please us at legal@relic.com with a copy to Relic Entertainment, Attention: Legal Department, 285 West 5th Ave, Vancouver, BC V7Y 1J3. The licence we provide to you to create and use Mods with the Game may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in our Games and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in our Games (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of Relic and its licensors.
You shall not be entitled to any compensation for the creation of Mods except as part of a separate written agreement between you and Relic. You also agree that Relic may use the Mod in any manner it deems appropriate.
2. LICENCE
Subject to your compliance with the terms and conditions of the Relic EULA and the Modding Terms, Relic hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, non-commercial, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by Relic ("Modding Tools") solely and exclusively to create Mods for use with the Game and to publish those Mods on the applicable Relic approved third party Modding webpage for the Game ("Modding Libraries"). Please note that certain Modding Libraries may be owned and operated by Third Party Platforms and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the Relic EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Relic, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, transferable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way Relic and/or any Third Party Platforms see fit for use with the Game. You waive and agree never to assert against Relic or its affiliates, licensors, or the Third-Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Libraries and shall warrant and present to Relic and any Third-Party Platform that your Mods do not contain:
a) any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Relic and/or its licensors;
b) any resemblance to any recognizable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by Relic within the Modding Tools as necessary for the creation of the Mod for use with the Game;
c) any assets from other games published by Relic and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
d) any materials which do not comply with any additional instructions provided to you by Relic and/or the Third Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by Relic and/or the Third Party Platforms from time to time;
e) any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Game.
Relic does not vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. Relic and the Third Party Platforms reserve the right, in their sole and final discretion, to remove, disable, block, edit or move any Mods from the Modding Libraries for any reason in its sole discretion including if Relic determines the Mods violates this Agreement. To the maximum extent permitted by applicable law, Relic does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.
4. OUR LIABILITY
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IF YOU ARE A RESIDENT SUCH A JURISDICTION, THE FOLLOWING CLAUSE WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
WE PROVIDE THE MODDING TOOLS AND ANY MODS ON AN "AS IS" BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RELIC IS TO STOP USING OUR GAMES (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL RELIC AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS 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 MODDING TOOLS AND ANY MODS.
5. TERMINATION
Relic and the Third Party Platforms reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Libraries at any time for any reason. If you commit any breach of Section 2 and 3 of the Modding Terms, your licence to use the Game, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Relic to use any Mods which you create and publish to the Modding Libraries shall survive termination.
Effective Date: 6/12/2024
This is a legal contract (this “Agreement” or this “Relic EULA”) between you and us, Relic Entertainment, Inc. (“Relic” or “We”). We developed and own various games including the games listed below (our “Games”), as well as services and online materials, including websites and online forums, in support of our Games (the “Services” and, together with our Games, our “Offerings”). This Agreement sets out the terms of your access to our Offerings, including your licence to install and play our Games. To confirm, our Games are licensed and not sold, and access to any of our Offerings is always subject to this Agreement.
By purchasing a licence to, installing, or using one of our Offerings you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not install or use our Offerings.
When we refer to our Games, we are collectively referring to any of the following video games as well their related Editors and Additional Content (both defined below):
• Age of Empires IV.
• Company of Heroes; Company of Heroes: Opposing Fronts; Company of Heroes: Tales of Valor; Company of Heroes 2; Company of Heroes 2: The Western Front Armies; Company of Heroes 2: Ardennes Assault; Company of Heroes 2: The British Forces; and Company of Heroes 3.
• Dawn of War; Dawn of War: Winter Assault; Dawn of War: Dark Crusade; Dawn of War: Soulstorm; Dawn of War II; Dawn of War II: Chaos Rising; Dawn of War II: Retribution; and Dawn of War III.
• Warhammer 40,000: Space Marine
Our Services include the following that require an “Account”:
• Online Forums: Where you can take part in a community-based global experience with participation involving sharing feedback, and communicating with other users of our Offerings worldwide, and our development studios, including but not limited to: (i) Dawn of War Forum (https://community.dawnofwar.com/) and (ii) Company of Heroes Forum (https://community.companyofheroes.com/), as well as (iii) any other forum which is owned and operated by Relic. This does not include forums operated by third parties (e.g. Discord, Reddit) for which users will have to agree to third party terms and conditions.
• Games2Gether Platform (https://www.games2gether.com/) Where you can share creative ideas with Relic’s studios during the development of its Games, as well as participating in competitions, events and other community-based activities.
• Relic Link Account: Registering for a Relic Link Account is required before you can access Relic’s online forums for the Games “Dawn of War” and “Company of Heroes”.
• E-Commerce Store Account: You will have the option to register for an Account when you purchase a Product via Relic’s e-commerce store.
Please read this Agreement carefully as it sets out what you are able to do with our Offerings, Relic’s and your legal obligations to one another regarding our Offerings, and the procedure if there is ever a dispute between you and Relic regarding our Offerings, including in respect of any Account with us or our service providers. If you have any questions about this Agreement, please contact us at legal@relic.com with a copy to Relic Entertainment, Attention: Legal Department, 285 West 5th Ave, Vancouver, BC V7Y 1J3.
1. Age Requirements
Each of our Games have age ratings that are clearly indicated in our marketing and where they are sold. You must be at least the minimum age indicated in this rating to purchase a licence to (and therefore play) our Games, and similarly you must meet such minimum age for related Offerings such as our Online Forums and the like. If you are younger than this minimum age you cannot purchase a licence to our Games or use the related Offerings. If you are younger than this minimum age and make a purchase, we have the right to terminate your licence and/or your access to our Offerings.
Subject to applicable Game age ratings, online Offerings are available to individuals aged 13 or older. If you are at least 13 but under the age of majority in your applicable jurisdiction, you may not register for an Account and/or use the online Offering, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the online Offerings and/or before any personal data is collected by Relic. By using any online Offerings, you warrant that you are old enough to use the online Offerings without supervision. If you are under the required age, your parent or legal guardian warrants that they are familiar with any parental controls available within the Offering and are supervising and monitoring your use of the Offering at all times, including to ensure that you do not upload or share any personal data without first obtaining their consent.
Some of our Offerings may not be appropriate for children under a certain age. Where possible, we shall provide an indication of the appropriate age based on the content contained within the Offering. If you provide date of birth information during the registration process, we shall (where practicable) take steps to prevent your access to features of the Offering which we deem to be inappropriate for your age. The age rating is a guideline only and Relic shall not be liable in the event that you (and/or your parent and/or your legal guardian) deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Offerings are rated and some may contain adult language and material.
2. Your Licence To Use Our Offerings
We own our Offerings. When you purchase a licence to one of our Games, or you access or use our other Offerings, we grant you a limited licence to use that Offering (and, in the case of a Game, to install and run that Game) for your own personal entertainment and not for any commercial use. These limitations apply to your licence our Offerings:
• Non-exclusive: Means that we can licence the Offering to other people too.
• Non-transferable and non-sublicensable: Means that you can’t sell, transfer, or share your licence to the Offering to another person unless we agree otherwise.
• Platform Limited (Games): This means that when you purchase a licence to the Game on a particular Third Party Platform (e.g. Steam, Epic Game Store, etc., as defined below) you can only install and play the Game through and using that Third Party Platform.
• Revocable: Means that in certain circumstances, all of which are described in this Agreement, we may terminate your licence to the Offering. See Section 15 for more.
• Personal Entertainment, Non-Commercial Use: Means that your licence only allows you to use the Offering for personal purposes and that you cannot use the Offering to make money in any way; for Games, this means you can only install and run the Game in order to play the Game (or properly use an Editor, as defined below).
“Additional Content” includes Virtual Items (defined later on) as well as updates, expansions, downloadable content, and other additional content we release related to our Games. Our Games and Additional Content are licensed separately unless we say otherwise (for example, when you purchase a Game and Additional Content bundle).
Some of our Offerings include an “Editor” which is specific software that allows you to construct new variations, modifications, derivations, adaptations, or improvements to an Offering (see the Modding Terms Schedule) or to generate User-Generated Content (see Section 5 below). Some Editors are provided by Relic and others are authorized by Relic but are provided by third parties.
All Additional Content and Editors form part of their respective Game and as such the above licence terms apply to all Additional Content and Editors too.
The existence of a particular Offering is not a commitment by Relic to maintain or continue to make the Offering available in the future. The scope, variety and type of Offerings can change at any time. Relic has the absolute right to manage, regulate, control, modify or eliminate such Offering at any time as it sees fit in its sole discretion without notice, and Relic will have no liability to you or anyone for the exercise of such rights. Please refer to Section 16 below for more information about how we may make changes to Offerings or this Agreement.
3. Buying a Licence to a Game; Registering for Other Accounts
(a) Games Licenses
We mainly sell (either ourselves or in some cases through other publishers) licences to our Games through third party distribution platforms such as Steam, the Epic Games Store, the Sony PlayStation Store, the Apple App Store, the Google Play Store, the Amazon Prime Gaming store, or the Microsoft Store (each, a “Third Party Platform”).
In order to purchase a licence to a Game on a Third Party Platform, you must have an account on their Third Party Platform (a “Platform Account”). Platform Accounts are provided and managed by the Third Party Platform owner, not us. These Third Party Platforms have their own terms and conditions and privacy policies which apply to your Platform Accounts and your use of them; including the purchases you make with them (and refunds and similar mechanisms). We don’t have any control over or responsibility for your Platform Account or any terms which may apply to them. Please review these Third Party Platform’s terms before you make any purchases so that you can fully understand your rights and obligations regarding your purchases. As such, if you have any questions or concerns about your purchases on a Third Party Platform, including refund requests, please first contact the Third Party Platform from which you purchased your licence.
Sometimes, we may sell you licenses directly from Relic’s own Offerings; in such case we will make the Offering available to you via download. All purchases directly from Relic are non-refundable. If you dispute any charges relating to an Offering you have purchased directly from Relic, you must contact us within 30 days of the charge. If you don’t notify us within that 30-day period, then you will have waived any right to dispute the charge.
(b) Registering for Accounts
Any individuals that access any of our online Offerings but are not registered for an Account may be able to see or use the Offering, but may not be able to participate in all of the Offering functionalities. For example, to participate in Online Forums, you must register for an Account.
You may be prompted to register for an Account in a number of ways, including but not limited to:
• before, during or after the purchase and activation of any Game or other Offering, which may include prompts and notification screens during gameplay or use;
• by visiting websites or forums operated by, or on behalf of, Relic and/or its affiliated businesses; or
• by email (where you are an existing customer of Relic and your contact details have been collected by Relic or any of its affiliates).
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current, and complete. Relic reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You should create your Account with a strong password, which is different from any password you use for your other online services. The system may remember your sign-in information depending on your browser and/or device settings and whether you select the option to store these settings, which means that you will be automatically signed into your Account for some or all of the Offerings which are available to you. Your password may be reset at any time by clicking on the “Forgotten Password” button on the login screen. A password reset prompt will be sent to the email address registered with your Account.
You must keep your Account secure and keep your Account details confidential. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
The information you give us during your registration may be used by Relic, its affiliated companies and third parties responsible for providing the Offerings and operating your Account. In particular, we may send emails about the features of Offerings that you have purchased or which are available to you as a result of registering and maintaining your Account, as well as information about associated Offerings, to the email address you register. See Section 6, below, for more information about our Privacy Policy.
We may give you the option to register for your Account using Third Party or social networking services ("SNS") such as Facebook. With your express consent, we may extract certain personal data that you have provided to the Third-Party Platform and/or SNS (such as your name and email address) from the account you have with the applicable service and use that information to create your Account. You agree to provide accurate, current, and complete information to the Third Party Platform and/or SNS and to update such information to keep it accurate, current,, and complete.
4. Virtual Items
Some of our Offerings include the option to purchase a licence to in-game currency (“Virtual Currency”), in-game digital items and other virtual, in-game goods and services (collectively with Virtual Currency, "Virtual Items"). Licences to Virtual Items may be obtained as follows: (i) through use of the Offering (such as gameplay within the Game) where such Offering so permits, (ii) through purchase from third parties, such as operators of Third Party Platforms in exchange for "real world" money if you are a legal adult in your country of residence, (iii) through purchase using Virtual Currency in some circumstances, (iv) through purchase from Relic in exchange for "real world" money if you are a legal adult in your country of residence, (v) through exchange of credits or other Virtual Items from the Third Party Platform, so long as such an exchange is permitted by the applicable Third Party Platform and Relic, or (vi) through interaction or participation with certain third-party advertisements and services.
Relic has no control over how Third Party Platforms operate a system of credits or Virtual Items and whether or not such credits or Virtual Items can be exchanged with the Virtual Currency, so this method of obtaining Virtual Currency may not always be available to you. In addition, Relic has no control over the pricing, payment and billing policies applicable to such purchases from third parties. If you choose to purchase a licence to Virtual Items directly from Relic or its authorized affiliates (that is, not through a Third Party Platform), you agree to the pricing, payment and billing policies applicable to such fees and charges, as notified to you at the time of purchase. All fees are non-refundable. All fees and applicable taxes, if any, are payable in local currency unless specified otherwise at the time of purchase.
Virtual Items are digital items with no “real world” cash or other value. Virtual Items may never be redeemed for "real world" money, goods or other items of monetary value from Relic or any other party. Virtual Items are licensed to you and not sold. Your right to use any Virtual Items that you obtain are limited to a non-exclusive, non-transferable, non-sublicenseable, revocable right to use such Virtual Items solely for your personal entertainment and non-commercial use and for no other purpose, consistent with all of our Offerings as set out in Section 2 above. You agree that Relic has no obligation to refund or otherwise compensate you for any Virtual Items for any reason, including due to the termination of your licence to any Offering or this Agreement, whether voluntary or involuntary. Except for the limited rights described herein, you have no property interest or right or title in or to any such Virtual Items, which remain the exclusive property of Relic.
Except where explicitly authorized by Relic in writing, (i) transfers of Virtual Items are strictly prohibited (including between different Offerings or Relic Accounts); (ii) you may not buy or sell any Virtual Items for "real world" money or otherwise exchange items for value; and (iii) Relic does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the "real world" of anything that appears in our Games. Any attempt to do any of the foregoing is in violation of the terms of this Agreement will result in an automatic termination of your rights to use the Virtual Items and may result in the termination of your licence to use our Offerings and/or possible legal action.
YOU AGREE THAT ALL PURCHASES OF LICENCES TO VIRTUAL ITEMS ARE FINAL. NO REFUNDS WILL BE GIVEN, EXCEPT IN RELIC'S SOLE AND ABSOLUTE DISCRETION.
As stated above, the existence of a particular offer of a licence to Virtual Items is not a commitment by Relic to maintain or continue to make such licences available in the future. The scope, variety and type of licences to Virtual Items that you may obtain can change at any time. Relic has the absolute right to manage, regulate, control, modify or eliminate such Virtual Items, including licences thereto, at any time as it sees fit in its sole discretion without notice, and Relic will have no liability to you or anyone for the exercise of such rights. Please refer to section 16 below for more information about how we may make changes to our Offerings or this Agreement.
5. User Generated Content (other than Mods)
This Section does not apply in relation to the creation of any Mods (as defined in the Modding Terms Schedule), which are governed by the additional terms in the Modding Terms Schedule attached to this Agreement.
The following terms apply both in relation to the Editors provided to you for use with our Offerings, and to any other technology (including third party software) that may be used with an Offering, including in respect of Games that allow the synchronization of audio, visual or audio-visual content which is created by you. This includes but is not limited to fan art, forum posts, Let’s Play videos, Twitch streams (“User-Generated Content”) that in any way use our Offerings, including audiovisual content that is created from or otherwise contains our Offerings (collectively, “Relic Footage”). We own all Relic Footage.
As part of your licence (this means that it lasts for the same duration as the license to you under Section 2, and if that license is revoked then so too is this licence), Relic hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, non-commercial (except as permitted below), limited, fully revocable right and license to use our Offerings or Game Footage with your User-Generated Content, subject to the terms and conditions of this Agreement and any other policies which Relic publishes from time to time. The licence you have been granted to synchronize Relic Games and the Game Footage does not include any rights to (a) sell the Game Footage; (b) distribute, publicly perform or publicly display of any Game Footage other than as expressly authorized herein or in any policies published by Relic; (c) modify or otherwise make any derivative uses of our Games or Game Footage for any other reason. This license does not permit you to commercialize your User-Generated Content in any way except as follows: (1) where you promote your User-Generated Content on a platform that passively generates revenue through advertisements (including ad breaks, pre-User-Generated Content ads, and sponsor ad overlays) where the advertisements are appropriate in Relic’s sole discretion, and (2) where you solicit personal donations or offer subscription-based content solely in connection with making available your User-Generated Content, so long as non-subscribers and those who do not pay can still fully view and interact with your User-Generated Content.
You own your User-Generated Content excluding any of our Offerings, Game Footage, or any other intellectual property of Relic that is licensed to you and contained within your User-Generated Content. However, in order to use our Offerings or Relic Footage and by creating User-Generated Content, you automatically grant to Relic an irrevocable, perpetual, worldwide, royalty free, transferrable, sub-licensable right and license to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit the User-Generated Content (or any part thereof). Unless prohibited by applicable law, you hereby waive the benefit of any moral rights, droit moral, or any similar law in any country of the world with respect to User-Generated Content in favor of Relic. You shall not be entitled to any compensation for User-Generated Content except as part of a separate written agreement between you and Relic. You also agree that Relic may use User-Generated Content in any manner it deems appropriate.
You are responsible for the User-Generated Content you create. You will ensure that your User-Generated Content (i) is not be discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Relic; (ii) does not infringe any rights of any person or otherwise result in any potential liability to Relic; and (iii) is not be used for commercial purposes or commercially exploited by you in any way (through pay-per-play or timesharing services or otherwise) unless expressly authorized by Relic or this Agreement.
Subject to applicable law, Relic may (but is not obligated to) remove, disable, block, edit, or move any User-Generated Content for any reason at its sole discretion, including if Relic determines the User-Generated Content violates this Agreement. Relic does not assume any responsibility or liability for User-Generated Content, for removing it, or not removing it. Relic does not pre-screen User-Generated Content and does not endorse or approve any User-Generated Content available on or through the Game. You are responsible for your User-Generated Content and may only upload or transmit User-Generated Content that you own.
Unless we have given you permission in writing, you may not use our Offerings or any Game Footage in connection with training or improving any artificial intelligence technology, software, or system.
6. Privacy
We respect your privacy and only collect, use and disclose your personal information as described in our Privacy Policy and in this Agreement. When you agree to this Agreement, you also consent to the collection, use and disclosure of your personal information as described in this Agreement and our Privacy Policy at https://content.relic.com/legal/privacypolicy.html We encourage you to carefully read our Privacy Policy before you agree to this Agreement.
7. Technical Protection Measures
Some of our Games are protected by access controls, anti-cheat/hacking software including for example, Denuvo Anti-Tamper Protection Technology, or similar protection measures (collectively, “TPMs”). If TPMs are used, you hereby acknowledge and agree to the following regarding the TPMs:
(a) the installation of the Game will cause the TPMs to be installed on your device;
(b) the TPMs may limit the number of installations of the Game;
(c) the TPMs may install on your device additional components required for copy protection;
(d) during the installation and/or the first launch of the Game, an online connection may be required to activate the Game and the TPMs; and
(e) certain files of the TPMs may remain even after the Game is uninstalled from your device.
In no event shall Relic be liable to you in connection with the components that may be installed on your device relating to the TPMs. If you disable or otherwise tamper with the TPMs, the Game may not operate properly and you are in material breach of this Agreement.
For more information on Denuvo Anti-Tamper Protection Technology and their privacy practices, please see their privacy policy at: https://irdeto.com/privacy/
8. Communication Features
Relic may make email, messaging, blogging, or chat (collectively, "Communication Features") available through one of our Offerings, either directly or through a third-party provider. Relic is not responsible for communications made by other users via the Communication Features. We are not responsible for communications made by you via the Communication Features. You acknowledge and agree that your communications made via the Communication Features are public and not private communications. You acknowledge and agree that personal information that you communicate via the Communication Features may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Features unless you wish such information to be made permanently available to the public.
Relic may reward you for your participation in certain activities within the Offerings. For example, you may be awarded points when using the Games2Gether Platform by registering on the platform, entering a competition, and/or engaging in certain discussions. These points may entitle you to vote in order to influence the decision making process of Relic or one of its development studios, including but not limited to (i) determining the functionality and designs for future Offerings, (ii) identifying bugs that should be addressed by Relic in future updates, and (iii) selecting preferred fan art and mods that have been published by other users (“Suggestions”). Relic has the discretion to allocate rewards and achievements to your Account, or to remove rewards and achievements that have already been awarded, as it sees fit in its sole discretion, and Relic will have no liability to you or anyone for the exercise of such rights. For the avoidance of doubt, Relic shall be under no obligation to use any Suggestions you may propose. Relic shall use its absolute discretion in deciding whether it uses any such Suggestions in future updates of any Relic titles. All Suggestions are “User-Generated Content” or “Mods” and subject to the terms of Section 5 or the Modding Terms Schedule, as the case may be.
9. Your Responsibilities
As a condition of your licence and in connection with our Offerings and any Communication Features, you agree that you must behave decently, respectfully and with consideration for Relic and other users. Without limiting that, you will:
• comply with the terms of this Agreement;
• When playing Games and otherwise using our Offerings, comply with all laws that are applicable to your use of our Offerings;
• When playing Games and otherwise using our offerings, comply with any policies or rules that we may publish from time-to-time, including for example community codes of conduct;
• not hack, reverse engineer, disable, disrupt or interfere with the functioning of our Offerings;
• not circumvent any TPMs;
• not use our Offerings in any manner that could damage or impair our Offerings or interfere with any other party's use and enjoyment of our Offerings (this includes any forms of hacking, cheating or circumvention);
• not harass or threaten any other user of our Offerings or any Relic employee or representative;
• not impersonate another person, indicate that you are a Relic employee or representative (if you are not) or attempt to mislead other players by indicating that you represent Relic in any way;
• not attempt to gain unauthorized access to our Offerings, other accounts, computer systems or networks connected to our Offerings, through hacking, password mining or any other means, including any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Relic or other generally available third party web browsers;
• not upload to or transmit to us or any other person anything that may be defamatory, fraudulent, threatening, abusive, obscene, pornographic, harmful or invasive of anyone's privacy, may violate any law including privacy or other laws, or may give rise to civil or other liability;
• not upload or transmit to us anything that may infringe, misappropriate or violate a third party's patent, copyright, trade mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• not upload to or transmit to us or any other person any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to our Offerings;
• not use our offerings for spamming, other advertising, or other bulk message transmission, or use the Offering to promote or operate any service or commercial enterprise;
• not use abusive or offensive language during your use of our Offering, including on any forums, chat rooms, or web sites; and without limiting that you will not (i) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (ii) be violent or threaten or promote violence or actions that are threatening to any person or entity; or (iii) promotes illegal or harmful activities or substances;
• not collect, store or publish any personally identifiable information (name, address, account name, etc.) from the Services or related features and services from other users without their express permission;
• not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under this Agreement, either in whole or in part, without the prior written consent of Relic (in any event, any such attempts will be void); and/or
• not encourage, assist or attempt to trick other players into breaking this Agreement.
We have zero tolerance for cheating and illegal behavior. In addition to any other remedies we may have, if you breach your responsibilities, we may, in our sole discretion, suspend or revoke your licence to play our Games and/or otherwise use our Offerings.
Some Offerings may, themselves, contain further rules for use that are posted by Relic or our third party providers (“Rules”). Those Rules, in addition to this Agreement, will govern your use of such Offering. Your cooperation in understanding and complying with the Rules is essential to ensure that all users can enjoy their experience with the offerings.
10. Third Party Links
Relic may provide links to other third-party websites, applications, or resources through an Offering, either directly or through a third-party provider. Relic makes no representations whatsoever about any other web site which you may access. Because Relic has no control over such sites and resources, you acknowledge and agree that Relic is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources and you access these websites at your own risk.
11. Shutdown of Online Offerings
Relic reserves the right to stop offering or supporting online Offerings at any time. If this happens, any related account or data you have may be terminated and you may lose your ability to access some or all portions of the Offering (or, if the Offering is related to a Game, some features of that Game), such as earned or purchased licensed to Virtual Items, and User-Generated Content. Relic shall not be required to provide refunds, benefits, or other compensation in connection with discontinuing such online services. Please refer to section 16 below for more information about how we may make changes to our Offerings or this Agreement.
12. Interruptions, Errors and Downtime and other Disclaimers
Some of our Offerings have online features or otherwise require internet connections. As with all online services, your access to our online Offerings may be interrupted from time-to-time. While we work hard to prevent errors, we also don’t promise that our Offerings are error free.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF WARRANTIES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, THE FOLLOWING CLAUSES WILL NOT APPLY TO YOU TO STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
OUR OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF OUR OFFERINGS, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY OF OUR OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, INTEROPERABLE WITH THIRD PARTY SOFTWARE OR THAT OUR OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.
DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, RELIC DOES NOT WARRANT THE PERFORMANCE OF ANY OFFERING ON YOUR SPECIFIC DEVICE. YOU ACKNOWLEDGE THAT RELIC’S PRODUCTS EVOLVE OVER TIME AND THAT YOU MAY BE REQUIRED TO UPDATE THE MINIMUM SYSTEM REQUIREMENTS FOR THE PRODUCT IN ORDER TO USE THE OFFERING. YOU FURTHER ACKNOWLEDGE THAT RELIC HAS THE UNFETTERED RIGHT TO MAKE CHANGES TO ITS OFFERINGS AND MINIMUM SYSTEM REQUIREMENTS AT ANY POINT WITHOUT NOTICE TO YOU.
13. Limitation of Liability
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, THE FOLLOWING CLAUSES WILL NOT APPLY TO YOU TO STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
IF YOU USE ANY OF OUR OFFERINGS, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA, THAT ARISES FROM OR RELATES TO ANY OF OUR OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT YOUR AND RELIC’S INTENT IS THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RELIC IS TO STOP USING THE RELIC OFFERINGS.
WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY OFFERING OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OF OUR OFFERINGS; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH ANY OFFERING OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OFFERING; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY OFFERING NOT BEING EFFECTIVE, ACCURATE OR RELIABLE; (E) ANY OTHER MATTER RELATING TO ANY OFFERING OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH ANY OFFERING. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.
IF, DESPITE THE LIMITATIONS SET OUT ABOVE AND ALL OF THE TERMS OF THIS AGREEMENT, WE BECOME LIABLE TO YOU IN RESPECT OF AN OFFERING OTHERWISE UNDER THIS AGREEMENT, THAT LIABILITY WILL BE LIMITED TO THE SMALLER OF (A) THE FEES YOU PAID TO US IN RELATION TO THE OFFERING IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) OR $100.
14. Indemnification
Upon request by Relic, you agree to indemnify, and hold Relic and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including our legal fees, that arise from (a) your use of, or activities in connection with any Offering (including but not limited to the creation and use of User-Generated Content); (b) any violation of this Agreement by you; (c) any acts and omissions associated with the use of any Mod which you create and publish, including but not limited to any allegation that the Mod violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party; or (d) any allegation that any content that you make available via or using an Offering (including any User-Generated Content) infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. You agree to cooperate with Relic in the defence of any such claims including (i) at the request of Relic, ceasing or taking any action to reduce any potential liability; (ii) providing Relic with any materials, communications, information, or data relevant to any indemnified claims; and (iii) upon and to the extent requested by Relic, participating in the defence of any indemnified claims at your own cost.
15. Termination
Without prejudice to any of our rights under this Agreement or at law or equity, we may (in our sole discretion) terminate this Agreement and your access to an Offering (and may close any Account) immediately if you breach this Agreement. Without limiting our right to the foregoing, we may also (in our sole discretion) suspend your access to any online Offering or Account.
You may permanently close a Relic Account at any time by contacting customer services at https://help.relic.com/
In the event of any the temporary or permanent suspension or termination of any online Offering or your Account, you will not be entitled to any refunds for any part of any Offerings that are no longer available to you as a result.
IF WE CLOSE ONE OF YOUR ACCOUNTS, (A) UNLESS NECESSARY TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR AT LAW, WE WILL PROMPTLY DELETE OR ANONYMISE THE DATA ASSOCIATED WITH YOUR ACCOUNT SO THAT YOU CAN LONGER BE IDENTIFIED; AND (B) YOU WILL NOT BE ABLE TO ACCESS YOUR ACCOUNT NOR USE THE OFFERINGS REGISTERED TO THAT ACCOUNT. WE SHALL NOT BE OBLIGED TO PROVIDE YOU WITH A REFUND FOR ANY UNUSED PORTION OF ANY OFFERINGS UNLESS WE ARE REQUIRED TO DO SO BY LAW.
The following provisions of this Agreement will survive any termination, suspension or expiry of this Agreement: Sections 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, and the Modding Terms Schedule
16. Changes to our Offerings and this Agreement
From time to time, without prior notice, we may in our sole discretion add new features to our Offerings, remove existing features from our Offerings, or otherwise modify or update our Offerings. We may provide updates that must be installed on your device for you to access and use our Offerings. Typically, such updates are handled by the Third Party Platform that provided you with the Offering (for example, updates to a Game purchased on the Steam store are handled by the Steam platform). Where you have enabled any in-Game feature to do so, you also consent to us remotely installing updates to our Games’ software that resides on your device, without further notice.
We may revise and modify any provision of this Agreement (including any applicable fees and service charges) at any time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Offering after the Agreement changes or by contacting you through your Account or through the email address associated with your Account. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Offering following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Offering. To the extent required by applicable law, we will notify you no fewer than 30 days before such changes come into force. You have the right to refuse this change and cancel this Agreement with us by sending us notice to that effect no later than 30 days after such changes into force.
17. Injunctive Relief
Because Relic would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Relic shall be entitled, without having to post bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.
18. Dispute Resolution
Some jurisdictions, do not permit choice of law and choice of forum clauses. If you are a resident of such a jurisdiction, the following clause will not apply to you strictly to the extent prohibited by law (but will otherwise be enforced to the fullest extent permitted by law).
This Agreement and any dispute arising out of or relates to it shall be construed under laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction of the courts of competent jurisdiction sitting in the City of Vancouver, Canada however, we may apply to any court of competent jurisdiction worldwide for interim protection or equitable relief such as an interlocutory or interim injunction. You and Relic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. You and Relic also agree to waive any right to a jury trial.
19. International Use
Although the Offerings may be accessible worldwide, we make no representation that the Offerings are appropriate or available for use in locations outside of Canada (unless otherwise specified at the time of purchasing and/or registering for the Offering) and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Offerings from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Offerings is void where prohibited. Without limiting the foregoing, the Offerings may not be exported or re-exported (a) into (or to a national resident of) any countries embargoed by Canada or the United States or (b) to anyone to whom export is prohibited by law in Canada or by way of the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing and using the Offerings, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
20. Miscellaneous
This Agreement represents the complete agreement between you and Relic concerning our Offerings and supersedes all prior agreements and representations, warranties or understandings between you and Relic (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.
Nothing in this Agreement gives or claims to give to any third party any benefit or right to enforce any term of this Agreement, and the provisions of the U.K. Contracts (Rights of Third Parties) Act 1999 (as amended or modified from time to time) are expressly excluded. The parties expressly agree that the Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Relic may assign this Agreement, in whole or in part, at any time. You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement.
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MODDING TERMS SCHEDULE
Where possible, Relic encourages its users to express their creativity and enhance the experience of certain Games through the creation of modifications (including but not limited to new items, weapons, characters, models, textures, levels, story lines, music and game modes) for use with our Games ("Mod" or "Mods"). In order to protect Relic, the Game, any third-party licensors that have licensed intellectual property to Relic for use in the Game, and users that create Mods, the following terms apply ("Modding Terms"). Please review these rules carefully before you create, share, distribute, use or otherwise exploit any Mods. This Modding Terms Schedule forms part of our Relic EULA. Capitalized terms not defined in these Modding Terms are defined in the Relic EULA.
Please note that Relic prohibits the creation of Mods for certain Games. This may be due to third party licensing issues which prevent Relic from allowing its users to create Mods. In such instances, you shall not be entitled to create Mods for that Game and the Modding Terms shall not apply.
You can find out which Games allow for the creation of Mods by visiting the applicable Modding Page (as defined below). If you are unsure as to whether the creation of Mods is prohibited for your Game, please us at legal@relic.com with a copy to Relic Entertainment, Attention: Legal Department, 285 West 5th Ave, Vancouver, BC V7Y 1J3. The licence we provide to you to create and use Mods with the Game may be revoked if you breach the Modding Terms.
1. OWNERSHIP
You acknowledge that you shall have no ownership or other proprietary interest in our Games and/or any Mods which you create, except as expressly stated herein. Any Mods that you create shall belong to you only insofar as the Mod contains your original creative work. You acknowledge and agree that all right, title and interest in any elements of the Mod which represent, comprise, derive or are based upon any intellectual property rights which subsist in our Games (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registrable, are owned by, or for the benefit of Relic and its licensors.
You shall not be entitled to any compensation for the creation of Mods except as part of a separate written agreement between you and Relic. You also agree that Relic may use the Mod in any manner it deems appropriate.
2. LICENCE
Subject to your compliance with the terms and conditions of the Relic EULA and the Modding Terms, Relic hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, personal, non-commercial, fully revocable right and licence to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by Relic ("Modding Tools") solely and exclusively to create Mods for use with the Game and to publish those Mods on the applicable Relic approved third party Modding webpage for the Game ("Modding Libraries"). Please note that certain Modding Libraries may be owned and operated by Third Party Platforms and may be subject to additional terms and conditions published by those Third Party Platforms. You acknowledge and agree that your use of the Modding Tools is at your own discretion and risk and that you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Modding Tools.
You agree to use the Modding Tools to create Mods in a manner that is consistent with this Agreement, and with any additional terms and conditions published by the Third Party Platforms, including an agreement that you shall not sell, rent, lease, licence, distribute or otherwise transfer or exploit the Modding Tools and/or Mods or any copies thereof, for commercial gain or otherwise, except as permitted by this Agreement and/or the Third Party Platforms. A breach of the provisions of this licence shall constitute a material breach which has the effect of terminating the Relic EULA (including the Modding Terms) and which may subject you to civil and criminal liability.
In consideration of the above grant of rights, you hereby grant Relic, its affiliates, its licensors and any Third Party Platforms all the necessary consents, clearances and an irrevocable, transferable, sub-licensable, worldwide, royalty-free, perpetual licence and right to use, reproduce, modify, adapt, display, distribute or otherwise exploit any Mod which is uploaded to the Modding Libraries in any way Relic and/or any Third Party Platforms see fit for use with the Game. You waive and agree never to assert against Relic or its affiliates, licensors, or the Third-Party Platforms any moral rights or similar rights, however designated, that you may have in or to any Mods.
3. CONTENT RESTRICTIONS
Any element which you include in your Mod (except for the Modding Tools) must be your own original work created by you or you must have obtained the necessary permissions to use such materials. You are responsible for the content of any Mods which you create and publish on the Modding Libraries and shall warrant and present to Relic and any Third-Party Platform that your Mods do not contain:
a) any materials which are discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of Relic and/or its licensors;
b) any resemblance to any recognizable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by Relic within the Modding Tools as necessary for the creation of the Mod for use with the Game;
c) any assets from other games published by Relic and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
d) any materials which do not comply with any additional instructions provided to you by Relic and/or the Third Party Platforms as published on the Modding Libraries or within the Modding Tools, which may be updated by Relic and/or the Third Party Platforms from time to time;
e) any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Game.
Relic does not vet or monitor any Mods which are uploaded to the Modding Libraries and does not monitor, endorse or approve any Mods. You are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Libraries. Relic and the Third Party Platforms reserve the right, in their sole and final discretion, to remove, disable, block, edit or move any Mods from the Modding Libraries for any reason in its sole discretion including if Relic determines the Mods violates this Agreement. To the maximum extent permitted by applicable law, Relic does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.
4. OUR LIABILITY
SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IF YOU ARE A RESIDENT SUCH A JURISDICTION, THE FOLLOWING CLAUSE WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT PROHIBITED BY LAW (BUT WILL OTHERWISE BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW).
WE PROVIDE THE MODDING TOOLS AND ANY MODS ON AN "AS IS" BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RELIC IS TO STOP USING OUR GAMES (INCLUDING BUT NOT LIMITED TO THE MODDING TOOLS AND/OR ANY MODS). IN NO EVENT SHALL RELIC AND ITS LICENSORS, OR ANY THIRD PARTY PLATFORMS 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 MODDING TOOLS AND ANY MODS.
5. TERMINATION
Relic and the Third Party Platforms reserve the right to suspend access to, or terminate the licence for, any Mods, Modding Tools and the Modding Libraries at any time for any reason. If you commit any breach of Section 2 and 3 of the Modding Terms, your licence to use the Game, the Modding Tools and/or any Mods shall automatically terminate, without notice. Your grant of the licence to Relic to use any Mods which you create and publish to the Modding Libraries shall survive termination.