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Killing Floor 2 END USER LICENSE AGREEMENT (EULA) - TERMS & CONDITIONS
25 May 2018
Tripwire Interactive would like to thank you for purchasing our games. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you pay for one of our games you do not actually buy the game. What you buy is a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Tripwire Interactive and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING ANY GAME FROM TRIPWIRE INTERACTIVE, LLC YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE (http://tripwireinteractive.com/#/privacy-notice), AGREE TO THE TERMS AND CONDITIONS IN THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
Tripwire Interactive software and any files that are provided with it by digital distribution or on tangible media, including any software editors, as well as any printed materials, patches or updates, (collectively referred to as “KILLING FLOOR 2”) contains copyrighted material, trade secrets and other proprietary material of Tripwire Interactive and its licensors, licensees and suppliers. KILLING FLOOR 2 is licensed to you for your use. This license is a non exclusive limited license to install and use KILLING FLOOR 2 for yourself, including use over the internet or on a LAN. Your continuing license to use KILLING FLOOR 2 is conditioned on your compliance with this EULA. If Tripwire Interactive (in its sole discretion) deems that you have violated any of the terms of this EULA, all of your rights to use KILLING FLOOR 2 will be restricted to the fullest extent allowed by law, up to and including complete termination of those rights, without any further notification from Tripwire Interactive or anyone else. If your license is terminated, you will be obliged to immediately uninstall KILLING FLOOR 2 and all of its components.
2. Permitted User Modifications and New Creations
Some of our games come with a KILLING FLOOR 2 editor. You can use editors to make mods or create new content to be played in KILLING FLOOR 2. You agree that you will not distribute or share the KILLING FLOOR 2 editor because it is not shareware. You agree that any new creations or materials that you make for KILLING FLOOR 2, with or without the KILLING FLOOR 2 editor, (collectively referred to as “Mods”) are subject to the following restrictions:
Tripwire Interactive got its start as a developer because of the support Epic Games provides to the Mod community and we wholeheartedly support the Modding of KILLING FLOOR 2. But we need to retain all of our ownership rights in KILLING FLOOR 2 and any works derived from KILLING FLOOR 2. That's just the way it is. So, go make some more cool stuff. But remember that you do not gain any ownership whatsoever in any KILLING FLOOR 2 content nor can you use any KILLING FLOOR 2 content outside the scope of the rights granted here.
3. Commercial Exploitation
You may not use KILLING FLOOR 2, or any Mods created for or from KILLING FLOOR 2 or using the KILLING FLOOR 2 editor or any other tools provided with this KILLING FLOOR 2, for any commercial purposes without the prior written consent of Tripwire Interactive or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the KILLING FLOOR 2 in a “pay for play” environment provided that all computers used have validly licensed KILLING FLOOR 2 installed, such KILLING FLOOR 2 having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Tripwire Interactive, operate KILLING FLOOR 2 in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US $20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and cannot do with KILLING FLOOR 2, here is a list of restrictions to your use of KILLING FLOOR 2 under this EULA:
5. Export Controls
You may not ship or export KILLING FLOOR 2 to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize KILLING FLOOR 2 in violation of any applicable law. KILLING FLOOR 2 may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Code of Conduct and Penalties
6.1 Penalties
Tripwire Interactive has established the Code of Conduct (below) for KILLING FLOOR 2 and may, but is not obligated to, take action regarding inappropriate conduct. If you are deemed to be in violation of the Code of Conduct, as determined by Tripwire Interactive in its sole discretion, any or all of the following penalties may be applied, as allowed by law:
It should be noted that there are tools available within KILLING FLOOR 2 both to protect individual players from abuse (the ability to "mute" other specific players, kick-voting of players) and to protect servers from abuse (kick-voting of players, the ability for server administrators to ban specific players from a server). If you consider a server administrator or host to be abusive, simply do not play on that server. Tripwire Interactive will only consider applying the Penalties for a breach of the Code of Conduct if we, in our sole discretion, are satisfied that the measures available to individual players and server administrators have been attempted and proved ineffective in a specific case.
6.2 Code of Conduct
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game:
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game, repeatedly and/or continually:
7. Copyright
KILLING FLOOR 2 and all copyrights, trademarks and all other conceivable intellectual property rights related to the KILLING FLOOR 2 are owned by Tripwire Interactive or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. KILLING FLOOR 2 must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. KILLING FLOOR 2 was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
8. Disclaimer of Warranty
You are aware and agree that use of KILLING FLOOR 2 and the media on which it is recorded, if any, is at your sole risk. KILLING FLOOR 2 is provided “AS IS.” TRIPWIRE INTERACTIVE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL TRIPWIRE INTERACTIVE OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KILLING FLOOR 2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for KILLING FLOOR 2.
10. Controlling Law and Severability
This license is governed by and construed in accordance with the laws of the State of Georgia, USA. Exclusive venue for all litigation shall be in Fulton County, Georgia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
11. Complete Agreement
This EULA constitutes the entire agreement between the parties with respect to the use of KILLING FLOOR 2, KILLING FLOOR 2 Editors, Mods and other related materials and software. Tripwire Interactive reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.tripwireinteractive.com.
12. Acceptance of Terms
By installing KILLING FLOOR 2, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy KILLING FLOOR 2... we hope you enjoy playing KILLING FLOOR 2 as much as we enjoyed making it for you.
GL & HF!
25 May 2018
Tripwire Interactive would like to thank you for purchasing our games. We hope you enjoy the experience. But before you get started, we need to make some matters clear. When you pay for one of our games you do not actually buy the game. What you buy is a license to use the software that comprises the game and its related materials. And that license is subject to the terms of this EULA. This EULA is a binding contract between you and Tripwire Interactive and its licensors, licensees and suppliers.
We know you want to get the game installed and start playing it. But, please take the time to read through this agreement first because BY INSTALLING ANY GAME FROM TRIPWIRE INTERACTIVE, LLC YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE (http://tripwireinteractive.com/#/privacy-notice), AGREE TO THE TERMS AND CONDITIONS IN THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA AND TRIPWIRE INTERACTIVE’S PRIVACY NOTICE, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.
1. Limited Use License
Tripwire Interactive software and any files that are provided with it by digital distribution or on tangible media, including any software editors, as well as any printed materials, patches or updates, (collectively referred to as “KILLING FLOOR 2”) contains copyrighted material, trade secrets and other proprietary material of Tripwire Interactive and its licensors, licensees and suppliers. KILLING FLOOR 2 is licensed to you for your use. This license is a non exclusive limited license to install and use KILLING FLOOR 2 for yourself, including use over the internet or on a LAN. Your continuing license to use KILLING FLOOR 2 is conditioned on your compliance with this EULA. If Tripwire Interactive (in its sole discretion) deems that you have violated any of the terms of this EULA, all of your rights to use KILLING FLOOR 2 will be restricted to the fullest extent allowed by law, up to and including complete termination of those rights, without any further notification from Tripwire Interactive or anyone else. If your license is terminated, you will be obliged to immediately uninstall KILLING FLOOR 2 and all of its components.
2. Permitted User Modifications and New Creations
Some of our games come with a KILLING FLOOR 2 editor. You can use editors to make mods or create new content to be played in KILLING FLOOR 2. You agree that you will not distribute or share the KILLING FLOOR 2 editor because it is not shareware. You agree that any new creations or materials that you make for KILLING FLOOR 2, with or without the KILLING FLOOR 2 editor, (collectively referred to as “Mods”) are subject to the following restrictions:
- Your Mods must only work with the full, registered copy of KILLING FLOOR 2, not independently or with any other software.
- Your Mods must not contain modifications to any executable file(s).
- Your Mods must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.
- Your Mods must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.
- Your Mods must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.
- While we encourage folks to make Mods, Mods will not be supported by Tripwire Interactive and its licensors, licensees or suppliers, and if distributed pursuant to this license your Mods must include a statement to that effect.
- Your Mods must be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them without prior written consent from Tripwire Interactive. You may exchange them at no charge among other end users and distribute them to others over the Internet, on magazine cover disks, or otherwise for free.
- The prohibitions and restrictions in this section apply to anyone in possession of KILLING FLOOR 2 or any Mods.
Tripwire Interactive got its start as a developer because of the support Epic Games provides to the Mod community and we wholeheartedly support the Modding of KILLING FLOOR 2. But we need to retain all of our ownership rights in KILLING FLOOR 2 and any works derived from KILLING FLOOR 2. That's just the way it is. So, go make some more cool stuff. But remember that you do not gain any ownership whatsoever in any KILLING FLOOR 2 content nor can you use any KILLING FLOOR 2 content outside the scope of the rights granted here.
3. Commercial Exploitation
You may not use KILLING FLOOR 2, or any Mods created for or from KILLING FLOOR 2 or using the KILLING FLOOR 2 editor or any other tools provided with this KILLING FLOOR 2, for any commercial purposes without the prior written consent of Tripwire Interactive or its authorized licensees including, but not limited to, the following rules: 1. If you are the proprietor of an Internet café or gaming room, you may operate the KILLING FLOOR 2 in a “pay for play” environment provided that all computers used have validly licensed KILLING FLOOR 2 installed, such KILLING FLOOR 2 having been properly purchased through one of our licensees. 2. You may not, without prior written consent from Tripwire Interactive, operate KILLING FLOOR 2 in any gaming contest where (a) the cash value of all winnings and prizes paid throughout the entire competition is equal to or greater than US$10,000.00 or (b) the name of the event, or any individual contest therein, incorporates or approximates the name of a company, product or commercial service or (c) any company has provided, whether donated or as sponsorship any prizes, products or services worth with a fair market value of over US $20,000.00.
4. Restrictions on Use
Just to make sure you understand what you can and cannot do with KILLING FLOOR 2, here is a list of restrictions to your use of KILLING FLOOR 2 under this EULA:
- You may not decompile, modify, reverse engineer, publicly display, prepare derivative works based on KILLING FLOOR 2 (except as permitted in Section 2, above), disassemble or otherwise reproduce KILLING FLOOR 2.
- Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute KILLING FLOOR 2. You may not delete the copyright notices or any other proprietary legends on the original copy of KILLING FLOOR 2.
- You may not offer KILLING FLOOR 2 on a pay per play basis or otherwise commercially exploit KILLING FLOOR 2 or use KILLING FLOOR 2 for any commercial purpose except as described in this agreement.
- You may not electronically transmit KILLING FLOOR 2 from one computer to another or over a network except as described in this agreement..
5. Export Controls
You may not ship or export KILLING FLOOR 2 to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to utilize KILLING FLOOR 2 in violation of any applicable law. KILLING FLOOR 2 may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.
6. Code of Conduct and Penalties
6.1 Penalties
Tripwire Interactive has established the Code of Conduct (below) for KILLING FLOOR 2 and may, but is not obligated to, take action regarding inappropriate conduct. If you are deemed to be in violation of the Code of Conduct, as determined by Tripwire Interactive in its sole discretion, any or all of the following penalties may be applied, as allowed by law:
- Banning you from all online co-op/multiplayer use of KILLING FLOOR 2 through mechanisms such as a global ban list, Valve Anti-Cheat or any other mechanisms as deemed appropriate by Tripwire Interactive in its sole discretion.
- Revoking of your CD/Digital key for the game and the termination of all use of KILLING FLOOR 2 under this license.
- Reporting of your activities to other potentially concerned parties, including, but not limited to, Steam, your ISP, your Mom and, in the case of suspected illegal activities, the police.
It should be noted that there are tools available within KILLING FLOOR 2 both to protect individual players from abuse (the ability to "mute" other specific players, kick-voting of players) and to protect servers from abuse (kick-voting of players, the ability for server administrators to ban specific players from a server). If you consider a server administrator or host to be abusive, simply do not play on that server. Tripwire Interactive will only consider applying the Penalties for a breach of the Code of Conduct if we, in our sole discretion, are satisfied that the measures available to individual players and server administrators have been attempted and proved ineffective in a specific case.
6.2 Code of Conduct
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game:
- Post, transmit, promote, or distribute Content that is illegal.
- Engage in any other behaviors that are illegal, such as attempting to hack other players' accounts or breaching privacy laws.
- Attempt to transmit damaging programs and/or data that contain a virus, worm, spyware or other malicious software.
- Attempt to use tools or software designed to crash client or server hardware.
You may be in violation of the Code of Conduct if, as determined by Tripwire Interactive in its sole discretion, you, as a Player or as a Server host/administrator, while playing, spectating or hosting the game, repeatedly and/or continually:
- Use, create or distribute cheats, hacks, mods, mutators, exploits or anything else not intended in the game that enable one player to gain an advantage over or otherwise exploit another player they are playing against.
- Abuse other players in ways that are unwanted by those players, whether that be in terms of race, ethnicity, religion, sexual orientation, sexual harassment, gender, heritage or any other method that would be considered objectionable and/or inappropriate in a reasonable person's view.
- Engage in disruptive behavior towards other players ("griefing"). Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within the game.
- Impersonate another person or indicate falsely that you are a Tripwire employee or representative
7. Copyright
KILLING FLOOR 2 and all copyrights, trademarks and all other conceivable intellectual property rights related to the KILLING FLOOR 2 are owned by Tripwire Interactive or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. KILLING FLOOR 2 must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. KILLING FLOOR 2 was created through the efforts of many people who earn their livelihood from its lawful use. Please don’t make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.
8. Disclaimer of Warranty
You are aware and agree that use of KILLING FLOOR 2 and the media on which it is recorded, if any, is at your sole risk. KILLING FLOOR 2 is provided “AS IS.” TRIPWIRE INTERACTIVE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL TRIPWIRE INTERACTIVE OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING KILLING FLOOR 2. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for KILLING FLOOR 2.
10. Controlling Law and Severability
This license is governed by and construed in accordance with the laws of the State of Georgia, USA. Exclusive venue for all litigation shall be in Fulton County, Georgia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
11. Complete Agreement
This EULA constitutes the entire agreement between the parties with respect to the use of KILLING FLOOR 2, KILLING FLOOR 2 Editors, Mods and other related materials and software. Tripwire Interactive reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within www.tripwireinteractive.com.
12. Acceptance of Terms
By installing KILLING FLOOR 2, you agree to all of the terms of this EULA. That's right, all of it. Now get on with the installation and enjoy KILLING FLOOR 2... we hope you enjoy playing KILLING FLOOR 2 as much as we enjoyed making it for you.
GL & HF!