MOD POLICY

The EULA and this Policy outlines under which conditions you may create and distribute mods of Captain Sim’s software. This Policy constitutes an integral part of the EULA by reference.

This Policy applies to all mods, including mods distributed through third party platforms, created by you.

1. Captain Sim recognizes that you have a moral right regarding the elements of the mod which are your own original creative work. However, any elements of the mod which represent, derive from, or is based upon the Captain Sim software and/or tools (for example livery repaint created using Captain Sim Repaint Kit, and/or software texture files, and/or 3D models) shall be owned by Captain Sim, and you agree that all rights economic and other, title and interest into such shall vest solely with Captain Sim.

2. To create mods, Captain Sim may make available mod tools to you. Provided that you comply with this Policy and the EULA, and upon your acceptance of the EULA, Captain Sim grants to you a non-exclusive, non-transferable, limited, revocable right and licence to install, access and use modding tools and any other related tools provided by Captain Sim to you (including, for example, the Repaint Kit and/or software components) to create and distribute mods.

3. Any use of the mod tools, and creation and publication of mods, is for strictly non-commercial purposes only, and you may not accept any fees or donations for your creation and publication of mods.

4. By publishing a mod based on a Captain Sim software and/or tools, you hereby grant to Captain Sim and its affiliates a nonexclusive, royalty-free, sublicensable and perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform your mod. Explicitly, this license shall include the right to make the mod publicly available through other channels of distribution, and the right to adapt a mod to be compatible with other platforms. This license shall survive termination of the EULA.

5. Your mod may not contain any material which (i) infringes any applicable law; (ii) any third party assets, from other software published by Captain Sim and its affiliates or any other third party; (iii) any viruses, corrupted files, or any other similar software or program; (iv) is obscene, indecent, pornographic, offensive, defamatory, fraudulent, threatening, hate speech, liable to incite racial hatred, acts of terrorism or violence, menacing, blasphemous or contains nudity or gratuitous or graphic violence; (v) has been posted or published in breach of a third party’s rights (including intellectual property rights); (vi) brings, or is likely to bring, Captain Sim, its affiliates, licensees or licensors into disrepute; or (vii) make reference to any organisation whose principal business includes the sale of tobacco or tobacco related products, or firearms.

6. You represent and warrant that any mod created by you, and your grant of rights in such mod, does not violate any applicable contract, law or regulation, and that the mod is your original creative work and does not infringe any third party´s intellectual property rights or any other rights. Captain Sim specifically disclaims any liability with regard to any mod, and you agree to indemnify, defend and hold Captain Sim and its, affiliates, licensees, contractors, officers, directors, employees and agents harmless from any damages, losses, cost and expenses (including attorneys’ fees) arising directly or indirectly from any acts and omissions associated with the use of any Mod which you create and publish.

7. We reserve the right to suspend access to, or terminate your licence for, any mods published by you or modding tools provided by us. Captain Sim is under no obligation to use, distribute or continue to distribute mods, and you understand that Captain Sim may restrict, or remove, your mods for any reason.

8. This Policy is subject to change without notice.

VERSION 17MAY2021