AGREEMENT FOR NON-COMMERCIAL USE
For Fan and News Sites, Online Radio Stations and Chat Venues
Please read this document carefully: This Fansite Submission User Agreement (the “Agreement”) is a legal and binding agreement between you and/or your organization (“you”), and CCP hf., its subsidiaries, affiliates and licensors (collectively “CCP”). By indicating your agreement below, you accept all the terms and conditions of this Agreement. Your use of any and all game materials and your development and provision of a community outlet are subject to this Agreement.
WHEREAS, CCP is the developer of certain multiplayer, interactive computer games including EVE Online, EVE Gunjack and EVE: Valkyrie (collectively, the “EVE Universe”); and
WHEREAS, CCP is willing to grant you the right to use some of the artwork, characters, story-lines and other characteristics associated with the EVE Universe (the “Property”) in a non-commercial manner as set forth in this Agreement; and
WHEREAS, you desire to use the Property for a single non-profit, non-commercial purpose as set forth in this Agreement;
NOW, THEREFORE, you agree as follows:
1.1. Non-Commercial Use License
Upon the terms and subject to the conditions of this Agreement, CCP hereby grants to you a non-exclusive, non-transferable right and license to use some of its intellectual property in a non-commercial manner. You may not, and may not permit others to, use, reproduce, sublicense, distribute or dispose of any of CCP’s intellectual properties, in whole or in part, except as expressly permitted under this Agreement.
1.2. Trademark and Trade Name
Any and all trademarks and trade names used in connection with the non-commercial license granted hereunder are and remain the exclusive property of CCP. Nothing contained in this Agreement shall be deemed to give you any right, title or interest in any trademark or trade name of CCP relating to the Property except as expressively permitted under this Agreement.
Your use of any of the Property is for a single non-commercial purpose, outlined in an application for non-commercial use (the “Application”) filled out after accepting this Agreement, and is limited to those parts of the Property required for that purpose. CCP reserves the right to judge which parts of the Property are necessary in each case and to limit other uses at its sole discretion. Unless specifically noted, this Agreement does not cover uses of software owned by the CCP.
2.1. General Principles
You are bound by the following principles:
- You will make it clear that your use of the Property is unofficial by including some wording to the effect that, for example, "This material is used with limited permission of CCP hf. No official affiliation or endorsement by CCP hf. is stated or should be implied.”
- In such cases, as you are permitted to use such material, you will not change official trademarks in any way (e.g., remove, obscure, stretch or deform them).
- You will include an appropriate disclaimer on any material that could otherwise be construed as the work of CCP.
- You undertake to make the origins of the intellectual property very clear; it should be clear from a brief review that the Property being used for a non-commercial purpose is CCP’s intellectual property (and not your own intellectual property or the intellectual property of a third party).
2.2. Non-Permissible Uses
You agree not to:
- Use CCP’s trademarks in respect of your domain name.
- Use the Property in relation to any third party products or third party intellectual property.
- Alter CCP’s trademarks in any way.
- Use any of the Property without appropriately crediting the intellectual property and using appropriate disclaimers in accordance with this Agreement.
- Create, distribute, or use any material that is not consistent with the functionality, atmosphere, and parameters of the EVE Universe.
- State that anything that is created using the Property is "official."
- Create, distribute, or use any material that is derogatory, obscene, or offensive.
- Create, distribute, or use any material that devalues any CCP product in any way.
- Represent or imply that you are affiliated with, represent or work for CCP.
3.1. Time or Task Limits
This Agreement is valid only for a limited time or for a certain number of tasks or projects. Refer to the Application.
3.2. Limitation of Liability
You agree to indemnify CCP for any and all claims, damages, losses, and causes of action arising out of the publication and/or use of material inspired by or based on intellectual properties owned by CCP. Under no circumstances shall CCP be liable for any special or consequential damages that result from the use of the Property.
3.3. Termination and Discontinuation
You agree that CCP, in its sole discretion, may terminate the right to use the Property, in whole or in part, for any reason whatsoever, at any time, with or without notice. You agree that CCP shall not be liable to you or any third-party for any such termination.
3.4. Creative Control
CCP reserves the unconditional rights to monitor the content of any works inspired by or based on the Property and to take any steps necessary to ensure continuity and consistency of the EVE Universe or any other intellectual property of CCP.
4.1. Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of Iceland. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach thereof, shall be only with Héraðsdómur Reykjavík.
4.2. Entire Agreement
This Agreement, including the Application, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between the parties. This Agreement may be modified by CCP, at any time, in its sole discretion. Your continued use of any Property after such change indicates your acceptance of the modified Agreement.
4.3. Severability and Waiver
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement. Any waiver by any party of any breach of any provisions hereof shall not be effective unless made in a writing signed by the party to be bound.
4.4 Age Requirements
By consenting to this Agreement, you hereby represent to CCP that you are 18 years of age or older. If you are under 21 years of age, you may need to obtain the permission of your parent(s) or legal guardian to agree to this Agreement.