selling ni stuff for real money

[Malong]

Taleworlds EULA For M&B Warband, Well, Published by Paradox. I own a physical copy of M&B Warband so I went in the cd and pulled the file up.

Spoiler

IMPORTANT:  CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT.  BY CLICKING ON THE “I ACCEPT” BUTTON BELOW YOU WILL HAVE ACCEPTED AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE PROGRAM AND MUST IMMEDIATELY EXIT.

This software program and any files that are provided by Paradox Interactive AB to you by on-line transmission or otherwise to 'patch,' 'update,' or modify the software program, as well as any printed materials, on-line or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Paradox Interactive AB or its suppliers. All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.

END USER LICENSE AGREEMENT

1. Limited Use License. Paradox Interactive AB hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive, non-transferable license and right to install and use the Program for your own personal, non-commercial use on either a home or portable computer. Your acquired rights are subject to your compliance with this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software. In addition, the Program has a multi-player capability that allows users to utilize the Program over the Internet. Use of the Program over the Internet is subject to your acceptance of a Terms of Use Agreement. Paradox Interactive AB  reserves the right to update, modify or change the Terms of Use Agreement at any time.

2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Paradox Interactive AB or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Paradox Interactive AB's licensors may protect their rights in the event of any violation of this Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Paradox Interactive AB and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.

3. Responsibilities of End User.
 A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create a source code equivalent of, create derivative works based on, or remove any proprietary notices or labels from the Program without the prior consent, in writing, of Paradox Interactive AB.
 B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
 C. You are entitled to use the Program for your own use, but you are not entitled to:
   (i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Paradox Interactive AB;
   (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);
   (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB;
   (iv) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by Paradox Interactive AB or its licensors in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks, without the prior written consent of Paradox Interactive AB; and
   (v) create or maintain, under any circumstance, more than one simultaneous connection to any hosting service utilized for on-line play. All such connections, whether created by the Program or by other tools and utilities, may only be made through methods and means expressly approved by Paradox Interactive AB. Under no circumstances may you connect, or create tools that allow you to connect, to the hosting service's private binary interface or interfaces other than those explicitly provided by Paradox Interactive AB for public use.

4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program and any New Materials from your home or portable computer.

5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program and any New Materials. Paradox Interactive AB may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Materials.

6. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Paradox Interactive AB’s representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by Paradox Interactive AB by telephone, by electronic message (e-mail), or by posting of information related to known technical support issues on a website. Unless otherwise stated in the Program's packaging or in the Program's user manual, nothing herein shall be construed so as to place a duty upon Sierra to provide Customer Service or Technical Support via a toll-free telephone number for an unlimited period of time.

7. Duration of the "On-Line" Component of the Program. This Program contains an "on-line" component that allows you to utilize the Product over the Internet utilizing servers and software maintained by Paradox Interactive AB and or its affiliates.  Paradox Interactive AB or its licensors may, in its sole discretion, provide the servers and software technology necessary to utilize the "on-line" component of the Program, or Paradox Interactive AB may license to third parties the right to provide the servers and software technology necessary to utilize the "on-line" component of the Program. However, nothing contained herein shall be construed so as to place an obligation upon Paradox Interactive AB to provide the servers and software technology necessary to utilize the "on-line" component beyond the time that the Program is Out of Publication. The term "Out of Publication" as used herein shall mean that the Program is no longer being manufactured by Paradox Interactive AB.

8. Limited Warranty. Paradox Interactive AB expressly disclaims any warranty for the Program, Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the User.

9. Limitation of Liability. NEITHER PARADOX INTERACTIVE AB, NOR ITS SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE EDITOR OR AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, PARADOX INTERACTIVE AB SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON AN AUTHORIZED ON-LINE GAME NETWORK. PARADOX NTERACTIVE AB SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

10. Miscellaneous. This License Agreement shall be deemed to have been made and executed in Sweden, and any dispute arising hereunder shall be resolved in accordance with Swedish law. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any court located in Stockholm having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

Will Finish Post Soon, If you wish to confirm this is the EULA for Mount and Blade: Warband, it is possible to email Talesworld for your own copy of the EULA to look at if you cannot find it elsewhere.

Excerpts of Note:

"All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement." (2.Ownership)

"  C. You are entitled to use the Program for your own use, but you are not entitled to:
   (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB; " (3.Responsibility of the End User)

And there is much else to read, excerpts alone do not make up the entire eula.

None of that is what is now allowed in NI. Again, people aren't selling the game files ("patches, updates or other downloadable material"). Nor is this the same as using the "Editor" and "New Materials" (which you don't include the section of the agreement defining these proper nouns) for commercial purposes. Were any of the contributed game materials sold? No.

Just compare those excerpts you gave to what I gave. It's nothing alike because it's covering entirely different situations.

[DR.]

I do not even care about this like kip and others have said no way to stop it but i would of done it diferntly.

The difference between donation and buying some ones gear mmm idk what one i would do... most will buy gear now if new. Fixed prices is what this game needs as dealing with real cash now. Also seems irresponsible to let people do that but not help them (1m could be $1-50+). You have open the door to buying and selling but only by aliitle should be all the way or not at all.

[Looter]

What The first excerpt says is that anything going into the game, warband, belongs to Taleworlds/Paradox. I selected that to show that in short they are the owners and establish that all rights belong to them, that including commercial rights. There is no section of the agreement defining these proper nouns as you call them, you can find out what they are yourself, but anyway I believe I used this section incorrectly. The one I should have used was the section right above

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

While Selling or trading Items or gold isn't a cyber cafe, it is included in exploitation of the program or any of its parts for commercial use when you consider that it was established that mods, which are updates or downloadable material attached to Native Warband, are "are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.". This means that the sale and profiting of items within Nord invasion are Paradox's or Taleworlds rights, as the program is Mount and Blade Warband, the part Nord Invasion's items in whatever forms they take as long as they appear in game. For one, Gold, the currency used is essentially code originally used in native multiplayer and has been modified by Nord Invasion, cannot be sold as it falls under 2.Ownership. in the eula

---
Reality though, Taleworlds is unlikely to stop this, as it is too small scale for them to notice, or even care really. Only if NI decides to do what woody said and the devs start selling gold themselves would issues arise. So realistically, nothing will happen to those who trade. In practice up to NI what rules they enforce in regards to players trading between themselves.

[Malong]

What The first excerpt says is that anything going into the game, warband, belongs to Taleworlds/Paradox. I selected that to show that in short they are the owners and establish that all rights belong to them, that including commercial rights. There is no section of the agreement defining these proper nouns as you call them, you can find out what they are yourself, but anyway I believe I used this section incorrectly. The one I should have used was the section right above

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

While Selling or trading Items or gold isn't a cyber cafe, it is included in exploitation of the program or any of its parts for commercial use when you consider that it was established that mods, which are updates or downloadable material attached to Native Warband, are  "are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.". This means that the sale and profiting of items within Nord invasion are Paradox's or Taleworlds rights, as the program is Mount and Blade Warband, the part Nord Invasion's items in whatever forms they take as long as they appear in game. For one, Gold, the currency used is essentially code originally used in native multiplayer and has been modified by Nord Invasion, cannot be sold as it falls under 2.Ownership. in the eula

Making the reasonable conclusion that "the Program" is analogous to "Software Product" from the NW EULA:

Spoiler

4. SOFTWARE PRODUCT. The Software Product, as used in this EULA, means, collectively and/or as applicable: A. The Software Product package; B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website; C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”); D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Paradox under this EULA. The terms of this EULA will govern any Upgrades provided by Paradox that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.

None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. Again, just compare the language of this:

"All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement." (2.Ownership)

"  C. You are entitled to use the Program for your own use, but you are not entitled to:
   (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB; " (3.Responsibility of the End User)

to these:

You may not sell, loan, lend, lease, barter, exchange, pledge, or hypothecate your online currency or Broadsword User account for any item of value unless expressly permitted by Broadsword.

or

1. DEFINITIONS

(f) Game - collectively, any software provided by NCSOFT, including but not limited to software installed on a computer owned by You or someone else, along with any subsequent versions, enhancements, modifications, upgrades or patches to such software.

(e) Content - Any material related to the Game that is neither Game software nor Service, including but not limited to any Item, Team, Message Board and/or NCoin.

(h) Item - Digital material related to the Game, including but not limited to any in-Game currency, articles or resources.

5. CONDUCT

(f) Additional License Restrictions - You acknowledge You will not, directly or indirectly:

(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Service, Content, Game, or parts thereof, including but not limited to any serial code number, access key or the like. However, this Section shall not prevent You from selling the original tangible storage medium on which the Game is contained.

There is a huge difference between what is detailed in the EULA you gave and that of above which specifically stating items instead of materials that make up game files. And are you seriously trying to pass off gold as game code? You're either misinterpreting it, or deliberately trying to attach meaning that isn't there. Either way, abandon any ambitions in contract law.

[LordChaos]

What The first excerpt says is that anything going into the game, warband, belongs to Taleworlds/Paradox. I selected that to show that in short they are the owners and establish that all rights belong to them, that including commercial rights. There is no section of the agreement defining these proper nouns as you call them, you can find out what they are yourself, but anyway I believe I used this section incorrectly. The one I should have used was the section right above

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

While Selling or trading Items or gold isn't a cyber cafe, it is included in exploitation of the program or any of its parts for commercial use when you consider that it was established that mods, which are updates or downloadable material attached to Native Warband, are  "are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.". This means that the sale and profiting of items within Nord invasion are Paradox's or Taleworlds rights, as the program is Mount and Blade Warband, the part Nord Invasion's items in whatever forms they take as long as they appear in game. For one, Gold, the currency used is essentially code originally used in native multiplayer and has been modified by Nord Invasion, cannot be sold as it falls under 2.Ownership. in the eula

Making the reasonable conclusion that "the Program" is analogous to "Software Product" from the NW EULA:

Spoiler

4. SOFTWARE PRODUCT. The Software Product, as used in this EULA, means, collectively and/or as applicable: A. The Software Product package; B. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via disk or a Website; C. Any and all game design, characters, images, graphics, photographs, art, art work, clip art, text, fonts, music, sounds, voices or other sensory content (the “Game Content”); D. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and E. Upgrades, modified versions, updates, additions, expansion packs and copies of the Software Product (the “Upgrades”), if any, provided to you by Paradox under this EULA. The terms of this EULA will govern any Upgrades provided by Paradox that replace and/or supplement the original Software Product, unless such Upgrade is accompanied by a separate license in which case the terms of that license will govern.

None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. Again, just compare the language of this:

"All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement." (2.Ownership)

"  C. You are entitled to use the Program for your own use, but you are not entitled to:
   (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB; " (3.Responsibility of the End User)

to these:

You may not sell, loan, lend, lease, barter, exchange, pledge, or hypothecate your online currency or Broadsword User account for any item of value unless expressly permitted by Broadsword.

or

1. DEFINITIONS

(f) Game - collectively, any software provided by NCSOFT, including but not limited to software installed on a computer owned by You or someone else, along with any subsequent versions, enhancements, modifications, upgrades or patches to such software.

(e) Content - Any material related to the Game that is neither Game software nor Service, including but not limited to any Item, Team, Message Board and/or NCoin.

(h) Item - Digital material related to the Game, including but not limited to any in-Game currency, articles or resources.

5. CONDUCT

(f) Additional License Restrictions - You acknowledge You will not, directly or indirectly:

(iv) sell, sub-license, rent, lease, grant a security interest in, borrow, lend, loan, network or engage in any activity that could in any way transfer or provide others access to any Service, Content, Game, or parts thereof, including but not limited to any serial code number, access key or the like. However, this Section shall not prevent You from selling the original tangible storage medium on which the Game is contained.

There is a huge difference between what is detailed in the EULA you gave and that of above which specifically stating items instead of materials that make up game files. And are you seriously trying to pass off gold as game code? You're either misinterpreting it, or deliberately trying to attach meaning that isn't there. Either way, abandon any ambitions in contract law.

It's pretty much because maybe Talewolrds didn't expect that kind of situation I guess. If you want to be sure of their point of view, I guess it would be better to make contact with them and see their position. 

 "2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Paradox Interactive AB or its licensors."

The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Paradox Interactive AB's licensors may protect their rights in the event of any violation of this Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Paradox Interactive AB and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.

-> Which includes also modder's models, which is why they are listed here: https://nordinvasion.com/about.php 

C. You are entitled to use the Program for your own use, but you are not entitled to:  (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB;

-> You are not selling the file, but the model which is virtually accessible. We are third parties as end users, aswell as the creators of the new materials. So even if someone would sell a virtual currency or "trick it" into virtual currency value to commercialize is it would be seen as a retail sale. Which once again needs the approval of Paradox AB & the creators of the models.

It is not prohibiting it directly, because the case wasn't maybe supposed to occur, and as you can read, it is said that these cases are to have consent of Paradox Interactive AB & the licensors. Pretty sure they would just update the EULA if they would be asked about it .

[Looter]

"None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. "

I do not see this as a great argument, as access to a part of the game, arguably it is equal to distributing access to the whole game itself which is done for example in the below,

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

The end purpose is still profiting commercially whether it be your access to the part as you say, or access to the whole.
The language differs likely as there is no universal currency for Warband to need to protect or watch over, as far as Taleworlds is concerned its only a way to buy items within the game in multiplayer. In the original Warband, gold was not transferable between players, with Nord invasion currency can be transferred however.

You are quoting specific information for a game other than Warband that is not related as each game's eula will cover things differently according to their needs. As said in my past post though, I concede that Taleworlds is unlikely to do anything about this unless its NI mod developers themselves who are selling the gold/items. Between players, they won't pursue it as the game Broadsword you quoted might, as they will be more interested in regulating the currency as it was made to be transferred between people unlike gold in Warband which was probably never conceived by Taleworlds to be transferrable.

[Malong]

It's pretty much because maybe Talewolrds didn't expect that kind of situation I guess. If you want to be sure of their point of view, I guess it would be better to make contact with them and see their position. 

Even if this would be an unintended consequence that they meant to address or would currently want to address now, they currently haven't. This would hardly be the first time people potentially took advantage of loopholes. And even if they did, it's not against their agreement.

 "2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Paradox Interactive AB or its licensors."

The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Paradox Interactive AB's licensors may protect their rights in the event of any violation of this Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Paradox Interactive AB and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Paradox Interactive AB or its licensors who reserve all rights therein, and shall be governed by the terms and conditions of this Agreement.

-> Which includes also modder's models, which is why they are listed here: https://nordinvasion.com/about.php 

C. You are entitled to use the Program for your own use, but you are not entitled to:  (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Paradox Interactive AB;

-> You are not selling the file, but the model which is virtually accessible. We are third parties as end users, aswell as the creators of the new materials. So even if someone would sell a virtual currency or "trick it" into virtual currency value to commercialize is it would be seen as a retail sale. Which once again needs the approval of Paradox AB & the creators of the models.

It is not prohibiting it directly, because the case wasn't maybe supposed to occur, and as you can read, it is said that these cases are to have consent of Paradox Interactive AB & the licensors. Pretty sure they would just update the EULA if they would be asked about it .

The seller isn't selling the model either, just access to the items for their game accounts. This is not equivalent to selling any piece of the actual software. As for the C clause:

None of that is what is now allowed in NI. Again, people aren't selling the game files ("patches, updates or other downloadable material"). Nor is this the same as using the "Editor" and "New Materials" (which you don't include the section of the agreement defining these proper nouns) for commercial purposes. Were any of the contributed game materials sold? No.

[LordChaos]

"None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. "

I do not see this as a great argument, as access to a part of the game, arguably it is equal to distributing access to the whole game itself which is done for example in the below,

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

The end purpose is still profiting commercially whether it be your access to the part as you say, or access to the whole.
The language differs likely as there is no universal currency for Warband to need to protect or watch over, as far as Taleworlds is concerned its only a way to buy items within the game in multiplayer. In the original Warband, gold was not transferable between players, with Nord invasion currency can be transferred however.

You are quoting specific information for a game other than Warband that is not related as each game's eula will cover things differently according to their needs. As said in my past post though, I concede that Taleworlds is unlikely to do anything about this unless its NI mod developers themselves who are selling the gold/items. Between players, they won't pursue it as the game Broadsword you quoted might, as they will be more interested in regulating the currency as it was made to be transferred between people unlike gold in Warband which was probably never conceived by Taleworlds to be transferrable.

Which I guess is the reason why it is even pointless to ask for their authorization or anything. Even if they would forbid it, they would have to access so much private data they can't have access to. Worst case scenario would be getting your License revoked. Just buy another one if you can eventually get caught, then rinse & repeat. 

They can't enforce NI staff to watch over it & they most likely have no authority over it as it is not them selling it. 

So yeah.. pretty much useless.

[Malong]

"None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. "

I do not see this as a great argument, as access to a part of the game, arguably it is equal to distributing access to the whole game itself which is done for example in the below,

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

The end purpose is still profiting commercially whether it be your access to the part as you say, or access to the whole.
The language differs likely as there is no universal currency for Warband to need to protect or watch over, as far as Taleworlds is concerned its only a way to buy items within the game in multiplayer. In the original Warband, gold was not transferable between players, with Nord invasion currency can be transferred however.

It's not a "great argument" because Taleworlds had an oversight? Regardless of intention, the language of the agreement only covers "the Program" or "the Software Product." And the language doesn't differ, for Taleworlds, it's simply not present whatsoever to cover any instances of items in the actual game. By the way, those EULAs I quoted to you are from games older than Warband, so the templates and precedent are there.

You are quoting specific information for a game other than Warband that is not related as each game's eula will cover things differently according to their needs. As said in my past post though, I concede that Taleworlds is unlikely to do anything about this unless its NI mod developers themselves who are selling the gold/items. Between players, they won't pursue it as the game Broadsword you quoted might, as they will be more interested in regulating the currency as it was made to be transferred between people unlike gold in Warband which was probably never conceived by Taleworlds to be transferrable.

Of course it's clauses from other games' EULAs. It's to show that Warband doesn't have the same clause that covers anything outside of the software, and shows that access to instances of items aren't covered. The omission of these clauses is what allows this to occur.

At the end of the day, they simply did not cover this case, so it's allowed.

---

"None of that is applicable, and the buyer isn't receiving any part part of "the Program" or "the Software Product." If or when they do, they'd be breaking these agreements. There is a huge difference between distributing a piece of the game and distributing access to a part of the game. "

I do not see this as a great argument, as access to a part of the game, arguably it is equal to distributing access to the whole game itself which is done for example in the below,

" (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Paradox Interactive AB may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Paradox Interactive AB for details);"

The end purpose is still profiting commercially whether it be your access to the part as you say, or access to the whole.
The language differs likely as there is no universal currency for Warband to need to protect or watch over, as far as Taleworlds is concerned its only a way to buy items within the game in multiplayer. In the original Warband, gold was not transferable between players, with Nord invasion currency can be transferred however.

You are quoting specific information for a game other than Warband that is not related as each game's eula will cover things differently according to their needs. As said in my past post though, I concede that Taleworlds is unlikely to do anything about this unless its NI mod developers themselves who are selling the gold/items. Between players, they won't pursue it as the game Broadsword you quoted might, as they will be more interested in regulating the currency as it was made to be transferred between people unlike gold in Warband which was probably never conceived by Taleworlds to be transferrable.

Which I guess is the reason why it is even pointless to ask for their authorization or anything. Even if they would forbid it, they would have to access so much private data they can't have access to. Worst case scenario would be getting your License revoked. Just buy another one if you can eventually get caught, then rinse & repeat. 

They can't enforce NI staff to watch over it & they most likely have no authority over it as it is not them selling it. 

So yeah.. pretty much useless.

Most importantly, it's just not part of the agreement they hold users to.

[Looter]

So now it's up to Taleworlds to amend its Eula for Warband for more specific/clearer wording or have a new eula with this stuff for bannerlord if they don't care enough about Warband. Well intresting convo to pass time today, I tried pming TW to ask about the Eula and if it did or did not cover such things.

Though it comes into question, if Taleworlds Eula didn't cover this, then why were donator torches an issue in the past? Was it just as it were the devs themselves directly giving away torches in exchange for donations and that counted as a breach? Are they not the same users as us and subject to the same rules, and if they had to take off torches because of TW, what would make it different for players who trade items for cash to not be subject to them?