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AGREEMENT for the registered use of the website "www.crymod.com" and all its sub-websites ("CryMod")

1. Subject of the Agreement

This agreement for the registered use of CryMod (this "Agreement") is entered between Crytek GmbH ("CRYTEK") and you, the end-user (the "User" or "You"). The Agreement is made effective beginning on your registration at CryMod. By your registration you, the User, agree to all terms and conditions laid down in this Agreement or further in CryMod. You should read this Agreement and any further regulations in CryMod carefully before registration. If you do not agree with the terms and conditions set forth in this Agreement you are not authorized to register and use CryMod.

2. Use of CryMod

Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, you may: a) use the CryENGINE 2 MOD SDK for the software game CRYSIS for the creation of your own modifications which shall operate only with the full version of CRYSIS, but not any demo, test or other version of CRYSIS or with any other game or interactive or non-interactive product or with any kind of simulation or visualization, such modifications referred to as "New Creations"; b) to make modifications to the CryENGINE 2 MOD SDK for CRYSIS (your "Modifications") for use in your own New Creations; c) incorporate all or a portion of the CryENGINE 2 MOD SDK for CRYSIS within your own New Creations; and d) use CryMod to electronically distribute, free of charge, at no cost and without any commercial intention, copies of the CryENGINE 2 MOD SDK for CRYSIS and/or your own New Creations and/or Modifications, so long as this Agreement accompanies each copy you make of the CryENGINE 2 MOD SDK for CRYSIS and/or your own New Creations and/or Modifications; provided, however, that the recipient of the CryENGINE 2 MOD SDK for CRYSIS and/or your own New Creations and/or Modifications must agree to be bound by the terms of this Agreement and by the license for the full version of CRYSIS (the "CRYSIS License") and that all such distribution of copies of the CryENGINE 2 MOD SDK for CRYSIS and/or your own New Creations and/or Modifications must be by electronic means only. You must refer to the CRYSIS License in determining your limited rights as to any New Creations which you may create. You may include your own New Creations and/or Modifications created with the CryENGINE 2 MOD SDK for CRYSIS on your personal noncommercial website for the noncommercial benefit of the fan community and provided that if you do so, you must also post the following notice on your site on the same web page(s) where those materials are located: "This site is not endorsed by or affiliated with Crytek or Electronic Arts. Trademarks are the property of their respective owners. Game content copyright Crytek." You will not represent that your site is endorsed or approved by or affiliated with Crytek or Electronic Arts, or that any other content on your site is endorsed or approved by or affiliated with Crytek or Electronic Arts.

3. Intellectual Property Rights

CryMod, CryENGINE 2 MOD SDK for CRYSIS and all copyrights, trademarks, and all other conceivable intellectual property rights related thereto are owned by CRYTEK and are protected by German and international copyright law and other applicable law. User shall have no ownership or intellectual property rights in or to CryMod or CRYSIS or the CryENGINE 2 MOD SDK for CRYSIS, including, without limitation, all copyrights related thereto. User agrees to use its best efforts to ensure that any recipient of the CryENGINE 2 MOD SDK for CRYSIS and/or its New Creations and/or Modifications fully complies with this Agreement.

4. Reservation of Rights

CRYTEK expressly reserves all rights not granted in this Agreement. You are not receiving any right or license hereunder to copy, distribute, publicly perform, display or make any other use of CryMod or Crysis, or any element thereof, or the trademarks Crytek, Crysis or any other trademark of CRYTEK, or any other company.

5. Software Use Restrictions

Any use by User of CryMod or CryENGINE 2 MOD SDK for CRYSIS not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement by User. Any distribution of your New Creations and/or the CryENGINE 2 MOD SDK for CRYSIS must be by electronic means only. You shall not create any New Creations and/or Modifications which infringe any third party right or which are libelous, defamatory, obscene, false, misleading or otherwise illegal or unlawful. You shall not rent, sell, lease, lend, offer on a pay-for-play basis or otherwise commercially exploit or commercially distribute the CryENGINE 2 MOD SDK for CRYSIS and/or your New Creations and/or Modifications. You shall not copy, distribute, publicly perform, display or make any other use of the CryENGINE 2 MOD SDK for CRYSIS and/or your New Creations and/or Modifications in any infringing manner or in any manner which violates any law or third party right and you shall not distribute or include with the CryENGINE 2 MOD SDK for CRYSIS and/or your New Creations and/or Modifications any material which infringes any third party right or which is libelous, defamatory, obscene, false, misleading or otherwise illegal or unlawful or includes harmful code. You shall conspicuously mark or label your New Creations and your Modifications as your own creations and shall not mark or label either of them, in any manner, as the creation of CRYTEK or Electronic Arts. User shall not copy, reproduce, manufacture or distribute (free of charge or otherwise) the CryMod, CryENGINE 2 MOD SDK for CRYSIS and/or your New Creations and/or Modifications, in whole or in part, in any tangible media, including, without limitation, CD-ROMs and DVDs. User shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by CRYTEK on or within CryMod or CryENGINE 2 MOD SDK for CRYSIS. User may not charge a fee, nor solicit donations, contributions or any other voluntary or involuntary form of payment, for access to these New Creations and/or Modifications. Except for editorial purposes such as promoting the game CRYSIS and/or your free New Creations and Modifications, you may not publicly or privately broadcast via television, commercial streaming video or other means, interactive or non-interactive performances or renderings of these New Creations and/or Modifications. User may not display, distribute, perform, or show these New Creations and/or Modifications in any commercial setting, such as a trade show, private or public business or sales meeting, or other commercial presentations. You may not use the CryENGINE 2 MOD SDK to create any television program, commercial video program, create commercial or industrial film and/or movie content, nor use it to create any architectural or industrial visualization, or any industrial or military simulation or training program. You may not use this CryENGINE 2 MOD SDK for CRYSIS in any educational or institutional setting; it is provided strictly for non-commercial at-home use to modify and/or extend the game CRYSIS only. By registration, User acknowledges that you are solely responsible for knowing and complying with all applicable federal, state, and local laws, regulations, ordinances and statutes that may apply to your use of CryMod, CryENGINE 2 MOD SDK for CRYSIS in your own locale. You warrant that you are not located in any country, or exporting the CryENGINE 2 MOD SDK for CRYSIS to any person or place, to which the United States and/or Canada and/or European Union or its member countries has embargoed goods.

6. Term and Termination

The term of this Agreement and shall expire, without notice to you or any other notice, when CRYSIS is removed from the market. CRYTEK may revoke or terminate this Agreement at any time, for any reason or no reason, in its sole discretion. Notwithstanding anything to the contrary herein this Agreement shall immediately terminate, without the requirement of any notice from CRYTEK to User, upon User's failure to comply with or breach of any term or provision of this Agreement or the CRYSIS License. Upon the termination or expiration of this Agreement or your CRYSIS License, any and all rights of User hereunder shall terminate without prejudice to any rights or claims CRYTEK may have, User shall have no right to use CryMod, CryENGINE 2 MOD SDK for CRYSIS and/or its New Creations and/or Modifications in any manner, User shall immediately destroy all copies of the CryENGINE 2 MOD SDK for CRYSIS and/or its New Creations and/or Modifications in its possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in CRYTEK. Termination or expiration of this Agreement shall not create any liability against CRYTEK and shall not relieve User from any liability which arises prior to termination or expiration.

7. Exclusion and Limitation of Liability

As the rights granted to the User under this Agreement are free of charge CRYTEK's liability is excluded and limited to the largest extent legally possible. CRYTEK INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL CRYTEK BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CRYTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING ALLOCATION OF RISK IS REFLECTED IN THE AMOUNT OF THE COMPENSATION (NONE) CONTEMPLATED UNDER THIS AGREEMENT.

8. Disclaimer of Warranties

CRYTEK provides CryMod and CryENGINE 2 MOD SDK for CRYSIS to the User "as is" and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. CRYTEK does not warrant that CryMod or the CryENGINE 2 MOD SDK for CRYSIS or the operation thereof will be free of error or that the CryENGINE 2 MOD SDK for CRYSIS will meet special requirements of the User. No oral or written information or advice given to the User by CRYTEK and/or any CRYTEK employee, representative or distributor will create a warranty for the CryENGINE 2 MOD SDK for CRYSIS, and the User may not rely on any such information or advice.

9. Support

Neither Crytek nor Electronic Arts will provide any support for the CryMod or CryENGINE 2 MOD SDK for CRYSIS. Please do not call or send email to Crytek or Electronic Arts regarding the CryENGINE 2 MOD SDK for Crysis, as neither party will be able to respond or answer these inquiries.

10. User's Obligations and Warranties

User warrants and represents that: a) User has full legal rights and authority to enter into and become bound by the terms of this Agreement; b) User has full legal rights and authority to exercise User's rights granted herein and to comply with User's obligations hereunder; c) User will comply, at all times during the Term, with all applicable laws; d) User's registration data are correct and User shall keep his registration data up to date. User hereby agrees to indemnify, defend, and hold harmless CRYTEK and/or their successors, assigns, officers, directors, employees, agents, representatives and licensees (but not including User) from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by User and/or User's distribution or other use or non-use of the CryENGINE 2 MOD SDK for CRYSIS and/or your New Creations and/or Modifications.

11. Breach of the Agreement

In the event of a breach of this Agreement by CRYTEK, User's sole remedy shall be to terminate this Agreement by delivering written notice of termination to CRYTEK. In the event of a breach by User of this Agreement, CRYTEK may pursue all remedies to which CRYTEK is entitled under applicable law and/or this Agreement. User agrees that User's unauthorized use of CryMod, the CryENGINE 2 MOD SDK for CRYSIS and/or its New Creations and/or Modifications, or any part thereof, may immediately and irreparably damage CRYTEK such that CRYTEK could not be adequately compensated by a monetary award, and in such event, and at CRYTEK's option, CRYTEK shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of CRYTEK posting bond or other security.

12. General Provisions

This Agreement and the other regulations set forth in CryMod, along with the CRYSIS License, constitutes the entire understanding between User and CRYTEK regarding the subject matter hereof. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between CRYTEK and User. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. CRYTEK may at any time revise and alter the version of the CryENGINE 2 MOD SDK for CRYSIS. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of CRYTEK, its successors and assigns, and CRYTEK may assign its rights hereunder, in CRYTEK's sole discretion. This Agreement is personal to User, and User shall not sublicense, assign, transfer, convey nor franchise its rights granted hereunder. Place of performance of this Agreement is Frankfurt a.M. (Germany). If the User is defendant, CRYTEK might, if admissible, determine as court of jurisdiction the court where the User is resident or the court competent for the corporate domicile of CRYTEK which currently is in Frankfurt a.M. (Germany). If CRYTEK is the defendant the parties expressively agree on the exclusive jurisdiction of the district courts of Frankfurt a.M. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement. The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement. BY ACCEPTING, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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