SUPPLEMENTAL END USER LICENSE AGREEMENT
This Supplemental End User License Agreement (the “Agreement”) is a legal agreement between you as an individual and New World Interactive, LLC (“New World”), a Colorado limited liability company. This Agreement concerns your use of the “Day of Infamy” and “Insurgency” games (the “Games” ).
This Agreement only concerns the creation of your non-commercial modifications and content for the Games (“Mods”). it does not apply to your use of the Games themselves.
This Agreement supplements and, in some cases, replaces the terms contained in the Steam Subscriber Agreement, located at http://store.steampowered.com . For all non-Mod use of the Games themselves, the Steam Subscriber Agreement applies.
By using the Games in connection with the creation and distribution of Mods, you agree to be bound by this Agreement.
SUMMARY OF THE AGREEMENT
- New World Interactive grants you a license to use our tools and assets for the creation of game mods, under the terms below.
- You grant us a license to use and display your mods, under the terms below.
- You also grant third parties a license to use your mods, under a license type that you choose. Some common licenses are described below – you’re free to release your content under those, or any other license that you choose.
- You promise to follow our content guidelines, outlined below. If you don’t, we reserve the right to take action against your mod, including revoking your license or asking anyone hosting the mod to take it down.
- License Grant. Subject to the terms of this Agreement, New World grants you a limited, royalty-free, non-exclusive worldwide license to make non-commercial use of the following:
- Any tools that New World may provide, from time to time, for the purpose of creating Mods (the “New World Tools”); and
- The art assets, sound effects, music, and other content included in the Games, excluding any software code (the “New World Content”) (together, the Games, the New World Tools, and the New World Content will be referred to as the “Game Content”).
- Limitations. The above license is subject to the following limitations:
- This license only allows for you to design, develop, test, and produce non-commercial Mods (i) for the Games, and (ii) for non-NWI games (such as Garry's Mod). However, if you’re using the New World Content in a Mod for a non-NWI game, you must release that Mod under the NWI No Derivatives Public License (described below).
- Remember, only non-commercial Mods - If you charge money (or take anything else of value, including virtual goods with real-world value) for your Mods or anything related to your Mods (such as charging for the use of servers running your Mods), or sell any virtual currency or virtual items in connection with your Mods and the Games, this is strictly prohibited and is a violation of this license;
- You may not copy, duplicate, reproduce, or translate the Games, except as allowed by the Steam Subscriber Agreement;
- You may not create derivative works of the Games or the Game Content that incorporate non-Game Content not owned by you (including, for example, editing in-Game models to swap portions of character models with those from other games), nor may you use the Game Content in conjunction with any other Game or for any other reason other than as allowed by this Agreement;
- You may not reverse engineer, decompile, or disassemble the Games, or take any steps to recreate of recover the source code of the Games, except and only to the extent that such activity is expressly permitted by applicable law;
- You may not remove or alter any copyright or trademark notices that appear anywhere within the Games; and
- Your use of the Games themselves, as well as the Source Engine, SDK, and Steam Workshop are governed by the Steam Subscriber Agreement.
- License to New World. New World does not claim ownership of any Mods that you create (except for Game Content included in your Mods that is created or owned by New World and licensed to you above). Instead, you hereby grant to New World a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use your Mods and the content within them.
- License to Third Parties. Depending on whether you own any content included in your Mods and how you would like others to be able to use that content, you may choose from several licenses to release your Mods under. These are listed below.
- NWI Public License (Attribution Required, Non-Commercial Only, New World Games Only)
- NWI ShareAlike Public License (Attribution Required, Share-Alike, Non-Commercial Only, New World Games Only)
- NWI No Derivatives Public License (Attribution Required, No Derivative Works Allowed, Non-Commercial Only, New World and Non-New World Games)
If you choose to release a Mod under your own license, you must ensure that your license is compliant with and incorporates this Agreement by reference.
If you don’t include a specific license with your Mod release, you agree to license the Mod under the NWI Public License linked above.
- Acceptable Content Policy. You agree that you will not engage in any conduct or communications, in connection with your Mods, which:
- is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
- is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, whish conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Games or contains a virus or other harmful component;
- hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the experience of the Games;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Games or otherwise interferes with the Games;
- specifies or claims that that you are affiliated with New World when you are not
- requests account login information from other players;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information);
- uses or possesses programs to “crack” the Games or other Internet security tools;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Games;
- restrict or inhibit any user from using and enjoying the Game; or
- anything else that New World, in its sole discretion, deems harmful to the Games’ or to New World’s integrity or business.
INTELLECTUAL PROPERTY RIGHTS
- New World Ownership. You agree that New World is the sole owner of all rights to the Game Content, and these rights are protected by copyright and other intellectual property laws and international treaties.
- Your Content Ownership. New World agrees that content included in your Mods that (i) is created by you, and (ii) which is not a derivative of the Game Content is entirely owned by you. New World has no rights to your Mod content, except as licensed to New World under this Agreement.
- Other Content. You agree that your Mods will only include content which is either (i) created by you, (ii) owned by you, (iii) is Game Content licensed to you under this Agreement, or (iv) you have explicit permission to include.
- Termination by You. You may terminate this license at any time by deleting any Mods created by you and ceasing all distribution of those Mods (including removing them from any Mod sites).
- Termination by New World. New World may, at its sole discretion, terminate this license if you fail to follow the terms of this Agreement. If New World terminates this license, you agree to delete any Mods created by you and cease all distribution of those Mods (including removing them from any Mod sites).
- New World Support. New World may, in its sole discretion, provide you with support services related to the Games and your Mods (“Support Services”). New World is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of New World under this Agreement. Any supplemental software code or tools provided to you as part of the Support Services will be treated as part of the Games, as between you and New World, will be and remain the sole property of New World, and will be subject to the terms and conditions of this Agreement.
WARRANTY; LIMITATION OF LIABILITY
- No Warranties. New World expressly disclaims any warranty in, to, or for the Game Content. The Game Content is provided ‘As Is’ and ‘Where Is’ without any express or implied warranty of any kind.
NEW WORLD EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUOUS OPERATION.
The entire risk associated with operation of the Game Content is assumed by you. New World does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Game Content. New World makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. New World further expressly disclaims any warranty or representation to any third party who may operate or otherwise utilize the Game Content. New World cannot guarantee the integrity of the Game Content or that it will be free from attacks by third parties that may result in incomplete or erroneous results from operation, or damage to hardware devices in which the Game Content is loaded and operating.
- Limitation of Liability. IN NO EVENT WILL NEW WORLD, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE GAME OR YOUR MODS, EVEN IF NEW WORLD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of New World and its affiliates will be limited to the fullest extent permitted by law.
- Governing Law. This Agreement will be governed by the laws of the state of Colorado.
- Entire Agreement. This Agreement constitutes the entire agreement between you and New World and governs the terms and conditions of your use of the Games in connection with the creation and distribution of Mods, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and New World with respect to such Mods.
- No Waiver. The failure of New World to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by New World must be in writing and signed by an authorized representative of New World.
- Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be modified to reflect the parties’ intentions in the provision or severed, if such modification is not possible, and the other provisions of this Agreement remain in full force and effect.
- No Partnership. Nothing contained in the Agreement will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor may either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.