EULA

Kingdom Come: Deliverance Beta Access Build EULA

This licensed application was developed by or on behalf of and is the property of Warhorse Studios s.r.o. (“Warhorse”).

By installing and/or using this application, you agree to the following terms and conditions:

  1. INSTALLATION AND USE RIGHTS
    1. You acknowledge that this software End User License Agreement (“EULA”) is a binding agreement between you and Warhorse. Warhorse is solely responsible for the Kingdom Come: Deliverance pre-Beta Build software application (“Software”) and the content thereof.
    2. For as long as you comply with the terms of this EULA, Warhorse, grants you a personal, non-exclusive, non-transferrable limited right and license to install, store, and use one copy of the Software, including future patches or updates, on a single device, ONLY for your personal use and enjoyment.  The Software is not being given, sold, or otherwise transferred to you nor does this EULA transfer to you any promotional use rights in the Software.
    3. The Software and your downloaded copy (including but not limited to all documentation, titles, computer software code, themes, objects, characters, character and asset names, dialogue, stories, artwork, concepts, sounds, and musical compositions) are owned by Warhorse and are protected by United States copyright law, international copyright treaties, and other laws.  The Software contains licensed materials, including materials which have third party software credits attached to this EULA. You may not:
      1. use or exploit the Software (or anything contained therein, including, without limitation, code, themes, objects, characters, artwork, sounds, etc.) in any way that results in direct or indirect compensation or commercial gain in any form, personal or otherwise, to you or any other party;
      2. transfer the Software to more than one device or this EULA to any third party;
      3. remove or modify any product identification or trademark, copyright, or proprietary notices, legends, symbols, or labels from the Software, or use any Warhorse trademarks, logos, trade names, or service marks in any manner except in connection with your licensed use of the Software under this EULA;
      4. infringe or violate any intellectual property or proprietary rights, or rights of privacy or publicity, of Warhorse or any third party;
      5. modify this EULA; or
      6. copy, modify, adapt, translate, distribute, or create derivative works, decompile, disassemble, or reverse engineer the Software, in whole or in part, attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Software, or do anything with the Software other than play the game on your device.
    4. You can terminate this license by deleting the Software from your computer.  In the event you violate the terms of this EULA in any manner we reserve the right to immediately either (i) suspend the validity of the licence rights granted to you under 1.2. or (ii) terminate this EULA with immediate effect. In both situations envisaged by previous sentence you agree,  forthwith upon receipt of the notice on suspension or termination, to delete the Software from your computer and abstain using the Software or facilitating using the Software by a third person.
    5. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY AND “WITH ALL FAULTS” AND THE ENTIRE RISK ASSOCIATED WITH YOUR DOWNLOADING AND USE OF THE SOFTWARE IS YOURS.  WARHORSE AND ITS THIRD PARTY SOFTWARE SUPPLIERS (SUPPLIERS) DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO THOSE OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WARHORSE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF LACK OF NEGLIGENCE, AND/OR OF A LACK OF VIRUSES, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
    6. IN NO EVENT SHALL WARHORSE OR WARHORSE’S AFFILIATES AND THEIR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR LOSS OF PROFITS, OR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS EULA, THE SOFTWARE, THE USE OF (OR INABILITY TO USE) THE SOFTWARE, AND/OR ERRORS OR BUGS WITHIN THE SOFTWARE, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT SHALL WARHORSE’S LIABILITY ARISING UNDER, RELATING TO OR IN CONNECTION WITH THIS EULA, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES, OR INJURIES, AND ANY LIABILITY, EXCEED THE PRICE YOU PAID FOR THE SOFTWARE.  THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
    7. You agree that you will comply with any applicable third party terms of agreement when using the Software (e.g., you must not be in violation of your internet service agreement with using the Software).
    8. You agree to indemnify, defend, and hold Warhorse, its partners, affiliates, suppliers, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.
  2. TELEMETRY DATA COLLECTION
    1. When in use by you, the Software will provide Warhorse with Telemetry Data (e.g., number of enemies engaged, quests solved, places visited) regarding your use of Software. Warhorse does not collect or use Personally Identifiable Information in the Telemetry Data. Warhorse will use the Telemetry Data for analysis and improvements of the Software. Warhorse will not share Telemetry Data with any third parties, however it reserves the right to share or publish aggregate information derived from the Telemetry Data.
  3. GENERAL PROVISIONS.
    1. Warhorse reserves the right to modify the terms and conditions in this EULA at any time by posting the updated EULA on Warhorse’s website. You will be deemed to have accepted such changes by continuing to use the Software.  The Software may not be assigned or sublicensed by you in whole or in part (by contract, operation of law, or otherwise).  If applicable laws allow you to transfer the Software, this EULA shall apply to and be binding upon your successors. The original of this EULA has been written in English. You waive any right you may have or claim under the law of any country to have this EULA written in a language other than English. If any provision of this EULA is unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable. The EULA shall be deemed to have been made and executed in the Czech Republic, and any dispute arising hereunder shall be resolved in accordance with the Czech law.  You hereby agree that if the terms of this EULA are not specifically observed, Warhorse will be irreparably damaged, and therefore you agree that Warhorse shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies. This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
    2. Questions, complaints, or claims with respect to the Software should be directed to Warhorse at: forum.kingdomcomerpg.com.
  4. THIRD PARTY COPYRIGHT NOTICES
    1. Portions of this software are included under license © 2004-2014 Crytek GmbH. All rights reserved.
    2. This software product includes Autodesk® Scaleform® software, © 2011 Autodesk, Inc. All rights reserved.
    3. Open Source Licenses
      1. cURL (libcurl) License

The following software may be included in this product:

COPYRIGHT AND PERMISSION NOTICE

Copyright (c) 1996 - 2016, Daniel Stenberg, daniel@haxx.se, and many contributors, see the THANKS file.

All rights reserved.

Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

      1. OpenSSL License

The following software may be included in this product:

OpenSSL License

Copyright (c) 1998-2016 The OpenSSL Project.  All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
  4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
  5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
  6. Redistributions of any form whatsoever must retain the following acknowledgment:   "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This product includes cryptographic software written by Eric Young (eay@cryptsoft.com).  This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)

All rights reserved.

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.

This library is free for commercial and non-commercial use as long as the following conditions are aheared to.  The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code.  The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related :-).
  4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS 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 USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The licence and distribution terms for any publically available version or derivative of this code cannot be changed.  i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]