EULA FOR THE EDITOR: USER CREATED CONTENT: The software may allow you to create content, including but not limited to, gameplay maps, scenarios, items, screenshots or videos of your game play. You agree that, as a condition to your using the program utilities, you will not use or allow third parties to use the software and the content created by you for any commercial purposes, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of such content, whether on a standalone basis or packaged in combination with content created by others, through any and all distribution channels, including, without limitation, retail sales and on-line electronic distribution. You agree not to solicit, initiate or encourage any proposal or offer from any person or entity to create any content for commercial distribution. In exchange for use of the Software, and to the extent that your contributions through use of the Software may invoke any copyright interest, you hereby grant to licensor and its licensor(s) an exclusive, perpetual, irrevocable, fully transferrable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software, including the rights to reproduce, copy, adapt, modify, display, publish, broadcast, transmit or otherwise communicate to the public by any means now known or unknown and to distribute your contributions without any further notice or compensation to you of any kind. You hereby waive and agree never to assert any moral right of ownership, publication or attribution with respect to Licensor's (or its licensor's) or other players' use or enjoyment of such assets in connection with the Software and related goods or services under applicable law. This license grant to Licensor and its licensor, and the terms regarding any applicable rights, will survive any termination of this Agreement. By submitting such content you represent and warrant that such content as submitted and your grant of rights herein do not violate any applicable contract, law, and/or regulation. Nightdive Studios may, but is not required to, validate, test, evaluate or pre-screen any modifications to the software created by Users. Nightdive Studios and its licensor reserve the right (but has no obligation except as may be required by law) to offer, make available, review, remove, block, edit or disable user generated content for any reason, with or without notice or limitation, including when such content violates these Terms of Service. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE AND PROGRAM UTILITIES ARE AT YOUR SOLE RISK. THE SOFTWARE AND PROGRAM UTILITIES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NIGHTDIVE AND ITS LICENSORS, IF ANY, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SOFTWARE AND PROGRAM UTILITIES. NIGHTDIVE AND ITS LICENSORS, IF ANY, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY NIGHTDIVE, ITS LICENSORS, LICENSEES AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS.