The terms of this End-User License Agreement ("EULA" or “Agreement”) govern the relationship between You and TRITERNION programska oprema d.o.o., its registered address at Oljčna pot 63C, 6000 Koper, Slovenia, Europe (which, together with its subsidiaries and affiliates, is hereon in referred to as “Triternion” or “Us”) – regarding your rights and obligations related to your use of the Software, as well as any Content you obtain through the Software or Marketplace (as such terms are defined below). By downloading or using the Software or Content, or by otherwise indicating your acceptance of this Agreement, you are agreeing to be bound by the terms of this Agreement. If you do not or cannot agree to the terms of this Agreement, do not download or use the Software or Content.
Use of the Editor (as defined below) is subject to the Unreal® Engine End User License Agreement ("UE EULA"), which may be found at www.unrealengine.com/eula, as supplemented by the additional terms and conditions in Sections 5 and 6 of this Agreement. By downloading or using the Editor, you also agree to the UE EULA. Use of the Marketplace is subject to Epic's Terms of Service. By using the Marketplace, you also agree to Epic's Terms of Service.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 18.
Your agreement is with Triternion.
Triternion grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to install and use one copy of the Licensed Materials on a device for your personal entertainment use (the "License"), subject to limitations defined in this EULA. The rights that TRITERNION grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms. In all events, your use is for your personal and non-commercial use only.
The License becomes effective on the date you accept this Agreement. The License does not grant you any title or ownership in the Licensed Materials.
You may not do any of the following with respect to the Licensed Materials or any of its parts: (a) use it commercially; (b) copy, reproduce, distribute, display, or use it in a way that is not expressly authorized in this Agreement; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (e) reverse engineer, derive Source Code from, modify, adapt, translate, decompile, create Derivative Works or disassemble it or make derivative works based on it; (f) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (g) create, develop, distribute, or use any unauthorized software programs to gain advantage in any online or other game modes; (h) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (i) use, export, or re-export it in violation of any applicable law or regulation; (j) register domain names, social media account or related addresses that include Triternion’s trademark; or (k) remove or alter Triternion’s trademarks or logos or legal notices included in the Licensed Materials or related assets.
In no event may Mods be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware, as determined by Triternion in its sole discretion.
Furthermore, with regards to Mods, while you are permitted to reference cooked content which is distributed with the Software, your Mod may not actively redistribute such content.
Triternion may provide patches, updates, or upgrades to the Licensed Materials that must be installed in order for you to continue to use the Software. Triternion may update the Software remotely without notifying you, and you hereby consent to Triternion applying patches, updates, and upgrades. Triternion may modify, suspend, discontinue, or limit your access to any aspect of the Software at any time. You acknowledge that your use of the Licensed Materials does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Licensed Materials, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Licensed Materials may cease to be available to you at any time without notice from Triternion, including without limitation after a patch, update, or upgrade is applied by Triternion. Triternion does not have any support obligations with respect to the Licensed Materials.
Epic may make certain Content available to you, or may facilitate the exchange of certain Content generated by users, through the Epic Marketplace for a non-refundable fee ("Premium Content"). Any use of Premium Content shall be subject to terms and conditions provided for at the Epic Marketplace site.
Notwithstanding the terms of the UE EULA, you may not use the Editor or any Content (a) with or in connection to any games, projects, products, or services other than the Software, or (b) to create or develop any separate or standalone games, projects, products, or services. Your breach of the foregoing will constitute a material breach of both the UE EULA and this Agreement. If you have entered into the UE EULA, then upon termination of this Agreement, your license under the UE EULA to use the Editor and any Content will immediately terminate; provided, however, that such termination will not terminate any license you may have under the UE EULA with respect to your use of other versions of the Unreal® Engine.
Triternion has the right but not the obligation to monitor and edit or remove any Mods it determines, in its sole discretion, may be illegal, fraudulent, deceptive, offensive, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights, or contain software viruses or other malware. Triternion also has the right to limit or terminate your access to all or part of the Licensed Materials for any or no reason, including without limitation, any violation of this Agreement. Triternion takes no responsibility and assumes no liability for any Mods uploaded or shared by you or any third party.
Any Mods you use in connection with the Licensed Materials will not be treated as confidential by Triternion, and you authorize Triternion to store, host, and distribute any Mods you use to any other user. You represent and warrant that you have all necessary rights to share and license such Mods. If you remove the Mods from the Licensed Materials, Triternion may retain copies of your Mod for archival and its own further exploitation. You hereby grant to each user who downloads your Mod a nonexclusive, royalty-free license to use one copy of your Mod on a device solely for the user's personal entertainment. You agree that after downloading your Mod, the user may continue using your Mod even after you remove the Mod from Triternion ’s Licensed Materials.
If you provide Triternion with any Feedback, you hereby assign the following economic copyrights to Triternion in that Feedback:
the right of reproduction, including the right to edit, reproduce, affix, record, scan, digitize, store, prepare any originals or copies and put into circulation, temporarily or permanently, in whole or in part;
the right of representation, including the right to represent, distribute and disseminate, in whole or in part, privately or publicly, for any audience, on all networks, internally or externally;
the right of adaptation, including the right to adapt, modify, improve, make new versions or new developments, cut, complete, rearrange, associate with or integrate in any other element or intellectual creation (in particular trademarks, logos, texts or multimedia works), translate into any language or computer language, integrate all or part of the Feedback into existing or future works.
by any means, known or as yet unknown as of the date hereof, including photocopying, micro copying, scanning, recitation or public performance, broadcasting by any electronic mean, telecommunication and electronic communication, by cable, satellite, television or analogue or digital connection;
on any media, known or as yet unknown as of the date hereof, physical or virtual, including paper, magnetic recording media, optical, electronic or digital (including magnetic tape, video tape, disk, video disk, floppy disk, memory card, memory stick, CD-ROM , CD-R, CD-RW, CD-I, DVD, Blu-Ray, smartphone, digital tablet, computer);
under any form whatsoever, in any definition, any format and any collection, in 2D or 3D, in any languages, on all networks including telematics and computer, intranets and the Internet, through all distribution channels and in all places, private or open to the public; and
for any purposes, commercial or otherwise, free of charge or for consideration, including requirements of storage, transfer, evolution, compatibility, and exploitation, for sale , rental and lending, for purposes of audit, illustration, promotion and communication, and in particular to communicate internally and externally, to any third parties.
The transfer of economic copyrights is fully-paid, exclusive, irrevocable, unlimited regarding time and territory and includes the right to further transfer acquired rights to third parties.
If any such rights are not effectively assigned under applicable law, you hereby grant Triternion a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback for all current and future methods and forms of exploitation in any country.
If any such rights may not be assigned or licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Triternion is not required to make any use of any Feedback that you provide. You agree that if Triternion makes use of your Feedback, Triternion is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Triternion to grant Triternion and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights. If court or other regulation authority finds that waiver of moral copyrights does not comply with regulations and the rules of applicable law set forth in this Agreement, you agree to grant to the Triternion irrevocable, exclusive, unlimited regarding time and territory (with right to further transfer to third parties) mandate (i.e. power of authorization) to manage the rights under this Agreement.
If any provision under preceding points this Agreement is found to be invalid or null and void by a final court decision, you undertake to sign, submit or perform free of charge and in a manner to fulfil the objective and purpose of this Agreement, any agreement, document, statement or action required for a valid transfer of rights on that Feedback.
Triternion and its licensors own all title, ownership rights, and intellectual property rights in the Mordhau Software Devlopment Kit and its Content. Mordhau and the Mordhau Software Devlopment Kit are trademarks or registered trademarks of TRITERNION and its affiliates in Europe and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Licensed Materials and Mods are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Triternion, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Licensed Materials or Mods, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Triternion knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Triternion, its licensors, and its and their affiliates make no warranty that (1) the Licensed Materials or Mods will operate properly, (2) that the Licensed Materials, or Mods will meet your requirements, (3) that the operation of the Licensed Materials, or Mods will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Licensed Materials, or Mods can or will be corrected. Any warranty against infringement is expressly disclaimed. Triternion, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Licensed Materials or Mods. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Triternion, nor its licensors, nor its or their affiliates, nor any of Triternion 's service providers (collectively, the "Triternion Parties"), shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with this Agreement or the Licensed Materials or Mods, even in the event of an Triternion Party's fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Triternion Party has been advised of the possibility of such damages. Further, to the maximum extent permitted by applicable law, the aggregate liability of the Triternion Parties arising out of or in connection with this Agreement or the Licensed Materials or Mods will not exceed the total amounts you have paid (if any) to Triternion under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Since some province, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.
You agree to indemnify, pay the defense costs of, and hold Triternion and its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Licensed Materials or Mods, or (c) any Mods or other materials you make available (including without limitation allegations that your Mods infringe third party intellectual property rights). You agree to reimburse Triternion on demand for any defense costs incurred by Triternion and any payments made or loss suffered by Triternion, whether in a court judgment or settlement, based on any matter covered by this Section 10.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above.
By downloading or using the Licensed Materials, you consent to the data collection and usage terms in Triternion 's privacy notice, to the extent promulgated, as it may be updated from time to time.
Currently Triternion’s privacy notice is the same as the privacy provided to Epic’s users, and you grant to Triternion the same data collection and usage terms afforded Epic in its privacy notice. That privacy notice is available at epicgames.com/privacynotice. Please read this entire policy to make sure you fully understand it.
You acknowledge that the Software may collect and send to Triternion anonymous hardware and usage data from the device on which you use the Software. This functionality is used by Triternion to improve the Software.
Without limiting any other rights of Triternion, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software and all Content. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software and Content in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
Sections 2, 5, 7-15, and 17-19 will survive any termination of this Agreement.
You agree that any dispute or claim arising out of or in connection with this Agreement, including any dispute or claim regarding its existence, validity or termination or any dispute or claim regarding any non-contractual obligation arising out of or in connection with this Agreement, shall be referred to and finally resolved by a competent court in Koper, Republic of Slovenia.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual obligations, disputes or claims) shall be governed by and construed in accordance with the law of Republic of Slovenia. The Convention on Contracts for the International Sale of Goods will not apply.
You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Licensed Materials, Mods, or this Agreement. You also agree not to seek to combine any action or arbitration related to the Licensed Materials, Mods, or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
You represent and warrant to Triternion that you are not located in a country that is subject to restrictive measures/sanctions administrated by the European Union or the United Nations or that has been designated by the European Union or the United Nations as a "terrorist supporting" country, and that you are not listed on any European Union or the United Nations of prohibited or restricted parties.
Triternion may issue an amended Agreement at any time in its discretion by posting the amended Agreement on its or Epic’s website or by providing you with digital access to the amended Agreement when you next access the Licensed Materials. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement and must stop using the Licensed Materials. Your continued use of the Licensed Materials will demonstrate your acceptance of the amended Agreement.
You may not, without the prior written consent of Triternion, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Licensed Materials or Mods in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Licensed Materials or Mods. Triternion may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
As used in this Agreement, the following capitalized words have the following meanings:
"Content" means any artwork or other content asset that Triternion makes available for you to access or download through the Software or Epic Marketplace for your use with the Software.
"Editor" means the Mordhau Software Development Kit specific version of the Unreal Editor that Triternion makes available for you to access or download for your use with the Software, and any patches, updates, upgrades and documentation for such application. The term "Editor" specifically does not include (i) other versions of the Unreal Editor, (ii) Content or (iii) the Software.
"Epic" means, depending on the location of your primary residence:
Epic Games, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or Epic Games International S.à r.l., a Luxembourg Société à Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxenbourg, acting through its Swiss branch, having its principal business offices at Lindenstrasse 16, 6341 Baar, Switzerland.
"Feedback" means any feedback or suggestions that you provide to Triternion regarding the Licensed Materials or Mods.
"Licensed Materials" means the Software and Content. Licensed Materials do not include the Editor, which is made available by Epic under the Unreal® Engine End User License Agreement, as supplemented by the terms and conditions of this Agreement.
"Marketplace" means a digital marketplace maintained by Epic or its affiliates through which, among other things, Epic makes certain Content available for use under the License.
"Mod" means content designed to be used with the Software to provide a gameplay experience that is customized or otherwise modified from the Software as made available by Triternion.
"Software" means the proprietary computer game software application known as Mordhau Software Development Kit first made generally available by Triternion in 2021, and any patches, updates, upgrades, and documentation for such application, made available to you by Triternion under this Agreement.
"Source Code" means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable (object code).
“Triternion” means a company with a name Triternion programska oprema d.o.o., incorporated and duly registered in the court / business register in the Republic of Slovenia under identification number 7211791000 and tax number SI 17326320, with its registered business address at Oljčna pot 63 C, 6000 Koper, Republic of Slovenia.
“Triternion Licenses” means the License, the Unreal® Engine and the Unreal License.
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and Triternion relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent possible under applicable law.
Use of the Licensed Materials is void where prohibited by law.
Any act by Triternion to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
Triternion's obligations are subject to existing laws and legal process, and Triternion may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
Questions, complaints, or claims with respect to the Software should be directed to Triternion at: [email protected]
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