RELIC ENTERTAINMENT, INC. MOD TOOLS END USER LICENSE AGREEMENT

In order to protect Company of Heroes 2 (“CoH 2”) and its associated works (collectively, the “Game”) and the members of our community, Relic Entertainment, Inc. (hereinafter “Relic,” “We,” “Our” and “Us”) needs to set out the following rules for creating community modifications to the Game (“Mods”). If you break the rules set forth in this end user license agreement (“EULA”), We have the right to stop you from using the Game and to take legal action.

USER ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

IF YOU BUY, DOWNLOAD USE OR PLAY THE GAME, OR CREATE MODS FOR USE IN THE GAME, YOU ARE AGREEING TO ADHERE TO THE RULES OF THIS EULA. THIS EULA INCORPORATES THE END USER LICENSE AGREEMENT FOR COMPANY OF HEROES AND OUR PRIVACY POLICY (COLLECTIVELY, “COH RULES”). BY AGREEING TO THIS EULA, YOU ALSO AGREE TO ALL PARTS OF THE COH RULES. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT CREATE A MOD FOR USE IN THE GAME.

MOD TOOLS 1.0

Since the inception of Mod Tools 1.0 in the Game, We have seen a lot of great community created content. We created this feature in order to give fans the tools they need to further expand upon the CoH2 universe, to express their creativity directly within the Game, and to encourage the further creation of exciting content for the Game franchise. In short, Mod Tools 1.0 puts Our fans in the driver’s seat. The purpose of this EULA is to provide guidelines for creating Mods in the Game.

OWNERSHIP OF OUR GAME

Although We give you permission to play Our Game and create Mods for use in the Game, We are still the owners of the Game and all the intellectual property associated with the Game. We remain the owners of Our brands and any content and intellectual property contained in the Game.

Subject to your compliance with the terms and conditions of the EULA and CoH Rules, We grant you a non-exclusive, non-transferable, limited, fully revocable right and license to install and use one (1) copy of the Game solely for your personal and non-commercial use. This EULA shall also apply to any patches, updates or upgrades you may obtain for the Game. You do not have any title or ownership in the Game, and the license you are given should not be construed as a sale or transfer of any intellectual property rights to the Game. The only permissions you have in connection with the Game are the permissions set out in this EULA and the CoH Rules.

Any tools that you write for the Game from scratch belong to you, but you must still comply with the EULA and CoH Rules and the restrictions contained therein when you use the tools with the Game or to create Mods of the Game. We reserve the right to determine what constitutes a Mod and what does not.

Any Mods that you create for the Game belong to you, except to the extent that they are or contain derivative works (as such term is described under U.S. copyright law) of the Game or any other intellectual property of Relic or its affiliates or licensors (“Derivative Works”). All Derivative Works shall be exclusively owned by Relic, or its affiliates or licensors, and Relic, its affiliates and licensors may use any Derivative Works for any purpose whatsoever, including, but not limited to, for advertising and promoting the Game. You hereby grant Relic and its affiliates an irrevocable, sub-licensable, worldwide, perpetual license and right, but not the obligation, to use, reproduce, modify, adapt, display, distribute or otherwise exploit your Mod in any way Relic or its affiliates see fit.

USING OUR GAME

The license We give you to use and play the Game, and to make Mods for the Game, can be revoked if you break the terms of this EULA or the CoH Rules.

Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into certain legally binding arrangements such as the terms of this EULA.

In the event that you are under the required age, you may not continue to use the Game, 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 Game. By using the Game, you warrant that you are old enough to use the Game without supervision. If you are under the required age, your parent or legal guardian warrants that they are supervising and monitoring your use of the Game at all times.

Please also note that the Game may not be appropriate for children under a certain age. Where possible, Relic shall provide an indication of the appropriate age based on the content contained within the Game using a games rating. The games rating is a guideline only and Relic or any of its affiliates shall not be liable in the event that you deem such material to be inappropriate for the age rating in all the circumstances. Please be aware that not all features of the Game are rated and some features (including Mods) may contain adult language and material.

LIMITATIONS ON USE AND DISTRIBUTION

Unless We specifically provide prior written authorization, you must not:

  1. Give copies of the Game to anyone else.
  2. Make commercial use of anything We have made.
  3. Try to make money off of anything We have made.
  4. Try to make money off of any Mods in the Game.
  5. Use or allow others to use Mods separate from the Game or as a stand-alone product.
  6. Sell, rent, lease, license, distribute, assign or otherwise transfer ownership of the Game or Mods.
  7. Let other people get access to the Game, Mods or anything We have made (including the client or the server software in the Game) in a way that is illegal, unfair or unreasonable.
  8. Create Mods for use with the Game if you have illegally obtained a copy of the Game or if you use a hacked version of the Game or server.
  9. Reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivate works of the Game (except where permitted under this EULA).

CONTENT RESTRICTIONS

It goes without saying that Game Mods should be fun for your fellow community members and offer something that benefits the Company of Heroes community at large. Your use of the Game and creation of Mods is subject to all applicable laws and regulations, and you are responsible for the content of your Mods. If you are going to make a Mod for the Game, your Mods cannot contain:

  1. Content or language that is discriminatory, offensive, racist, obscene, homophobic, defamatory, libelous, abusive, harassing, threatening, bullying or otherwise violates the legal rights of others. Mods cannot troll or abuse other community members. We do not condone bullying of any nature.
  2. Content that may damage Our (or another person’s) reputation.
  3. Music or any audio from the Game or any other games published by Relic, SEGA or any other third party.
  4. Assets from other games, including games published or developed by Relic, SEGA or any other third party.
  5. Content that violates any applicable laws or regulations (for example, Nazi imagery) or that encourages any illegal activity.
  6. Direct links to pages that display or promote any kind of nudity (including nudity Mods), sexually explicit mods or anything hateful or offensive. We will determine (in our sole discretion) what is hateful or offensive based on the positive spirit and intent of Our modding community.
  7. Advertising materials of any kind or material that is designed to exploit or trick people.
  8. Someone else’s creation or image, or any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sounds, text, graphics, and any other materials that do not belong to you.
  9. Anything that impersonates an individual.
  10. Content or material that can be used to encourage cheating in any way.
  11. Bugs, errors, or other operational defects that could materially affect the Game or the Company of Heroes community at large.
  12. 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, the server or other players’ computers or access to the Game.

ORIGINAL CREATION

A Mod must be your own original creation, which means it cannot contain any copyrights, patents or trademarks of a third party. We cannot stress enough that any content you make available in the Game must be of your creation. We do not condone or encourage any action that infringes the rights of anyone else. You must respect the intellectual property rights of other people, not just Relic or SEGA. Simply put: if it infringes someone else’s rights then you can’t do it.

**You may develop Mods, tools, plug-ins and other utilities or services as long as they are your original creation, without using the content, tools or any other intellectual property of Relic, SEGA or any other third party. **

  1. Anything you have created should not appear to be an official product of Relic or SEGA.
  2. If your Mod or other content you post in the Game infringes or allegedly infringes the rights of a third party, We may hold you financially responsible for any damage We suffer as a result.
  3. We cannot give permission to use music or other audio from the Game. Sometimes We license music from third parties and subsequently don’t own the rights Ourselves.

DLC-RELATED RESTRICTIONS

While We want to encourage creativity and allow as restriction-free work as possible, We are also required as a business to meet certain targets. This means that We are putting some restrictions on downloadable content (“DLC”) in place:

  1. Mods that grant DLC content must also change the Game in some way. The sole intention of a Mod cannot be to provide users with DLC content for free.
  2. Mods cannot require users to pay for the DLC.
  3. Mods cannot grant an entire list of DLC content within one specific category (e.g. a Mod cannot grant all USF commanders or all OKW commanders).

MOD REMOVAL

We reserve the right to remove any Mod that We (in our sole discretion) feel violates the positive spirit and intent behind what Our modding community sets out to do. We will review all reported Mods on a case-by-case basis, and if the Mod does not violate this EULA or the CoH Rules, We will ask Ourselves the following questions to decide whether to remove the Mod:

  1. What does this particular Mod offer to Our Community?
  2. Does this Mod offer a negative experience to those that use it?
  3. Does this Mod potentially damage the business interests of SEGA or Relic?
  4. Does this Mod go against the spirit of Our modding community?

We reserve the right to outright ban content immediately. In some cases, We may try to contact the creator of the Mod and work with that individual to revise the Mod to meet Our business standards and the restrictions contained in this EULA or the CoH Rules.

MOD COMMUNITY

We all have songs whose remixes we prefer to the original. Similarly, great ideas – and games – are often borne out of an iterative process and of people building upon each other’s ideas. Therefore, We encourage you to think of the content you will be building as something that will not just belong to you (and Relic), but also to the overall community. If someone approaches you with a suggestion or a request for collaboration, We encourage you to consider sharing your own knowledge and files. We’d love to see Our modding community continue to strive towards furthering collective knowledge – something that everyone will benefit from!

If you feel that someone has been using your work improperly or without crediting you, please let Us know and We will do Our best to look into the issue. We will aim to resolve the issue swiftly, but we cannot promise that Relic will be able to facilitate a resolution. Our main goal is to encourage and foster an active modding community.

OUR LIABILITY

We provide the Game on an “as is” basis. All updates and upgrades to the Game, including any Mods contained therein, are also provided on an “as is” basis. This means that We are not making any promises to you (i) about the standard or quality of the Game (or any Mods), (ii) that our Game will be uninterrupted or error free, or (iii) for any loss or damages that the Game and/or Mods may cause. We only promise to provide the Game and any services with reasonable skill and care. We may stop making the Game or Mods available at any time. To the extent permitted by law, We disclaim all warranties and liabilities with respect to the Game and any user-generated Mods contained therein. You agree that your exclusive remedy for any dispute with Relic or its affiliates is to stop using the Game (or any Mods). In no case shall any liability of Relic or its affiliates exceed the amount that you paid to Relic or its affiliates for the Game.

TERMINATION

We reserve the right to terminate this EULA if you breach the terms. You can terminate it too, at any time, by simply uninstalling the Game from your computer. If the EULA is terminated (either by you or by Us), you will no longer be allowed to play the Game or create Mods for use in the Game. However, the paragraphs about “Ownership of Our Game,” “Our Liability” and “General Rules” will continue to apply even after the EULA is terminated.

INDEMNIFICATION

By creating a Mod for use in the Game, you agree to indemnify, defend and hold Relic and its parent companies, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with (i) your Mod, (ii) your use of the Mod Tools 1.0, (iii) any allegation that any content that you make available via a Mod infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or (iv) any violation by you of the terms of this EULA.

INJUNCTION

Because We would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that We (or SEGA acting on Our behalf) shall be entitled, without 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.

GENERAL RULES

This EULA is subject to any legal rights you might have. Nothing in these terms and conditions will limit any of your rights that may not be excluded under law.

If you provide Us with a suggestion for the Game or any game from the Company of Heroes franchise of games, that suggestion is made for free. This means We can use your suggestion in any way We want and We do not have to compensate you for it.

We reserve the right to update or change this EULA and the CoH Rules from time to time. We encourage you to check this EULA and the CoH Rules for changes before you post any Mods in the Game.

CONTACT US

If you have questions about a Mod you would like to create for use in the Game, please reach out to Us on Our official forums. We will be happy to answer any questions you have!

As a player, if you have found a Mod that you feel violates this EULA or the CoH Rules, or goes against the spirit and intent behind the Mod Tools 1.0 program, you can report it to Us by emailing Us directly at enforcement@relic.com.