Modsmith · Legal
End User Licence Agreement
This End User Licence Agreement (the “Licence”) is a binding agreement between you and Modsmith, the developer of the Modsmith desktop software (“Modsmith”, “we”, “us”). It covers the Modsmith software in every build we distribute, including updates, portable builds and any documentation that comes with it (the “Software”). The Terms of Service apply to the Software as well; where the two differ about the Software, this Licence prevails.
By installing, copying or using the Software you accept this Licence. If you do not accept it, do not install or use the Software.
1. Licence grant
1.1. Subject to this Licence, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software, in object code form, on computers that you own or control, for the purpose of managing modifications to games that you have the right to modify.
1.2. The mod manager features of the Software are provided without charge. The assistant features marketed as Smith that rely on our services are available under a subscription governed by the Terms of Service; this Licence covers the client side of those features.
1.3. The Software is licensed, not sold. We retain all right, title and interest in it. All rights not expressly granted are reserved.
1.4. The Software is commercial computer software developed at private expense. If you acquire it for or on behalf of a government, you receive only the rights granted to every other licensee under this Licence.
2. Restrictions
Except to the extent the law expressly permits it regardless of this Licence, you may not:
- copy the Software except as necessary to install and use it and to keep one backup copy;
- distribute, publish, sell, rent, lease, lend, sublicense or otherwise make the Software available to anyone else;
- decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms or internal workings of the Software;
- modify, adapt, translate or create derivative works of the Software;
- remove, obscure or alter any proprietary notice, licence text or third-party notice in the Software;
- circumvent, disable or interfere with any licence check, consent gate, quarantine, allowance, safety or security mechanism in the Software;
- use the Software’s code, assets or internal workings to develop a competing product, or use any part of the Software in another product;
- use the Software for anything unlawful or in violation of a third party’s rights or terms, including the terms of your game and of Nexus Mods.
3. Updates
3.1. The Software can check for and install updates. Updates may add, change or remove features and are subject to this Licence, or to a newer licence presented with the update. Installing an update is your decision, except where an update is necessary for security or for a paid service to keep working.
3.2. We may stop supporting or distributing older builds at any time.
3.3. Builds marked early access, alpha, beta, preview or pre-release may be incomplete, may change data formats, may stop working, may be withdrawn at any time, and carry no promise that a final release will follow.
4. Third-party components
The Software includes components licensed from third parties, including open-source components. They are listed in the third-party notices shipped with the Software and available from the About window, and the full licence texts are installed alongside the Software. Those licences govern those components. Nothing in this Licence restricts rights you have under an open-source licence to the component it covers.
5. Your game, your mods, your files
5.1. The Software works with your game installation, with mods created by other people, with files created by other tools, and with your saves and settings. None of these are ours. Mods remain the property of their authors and are governed by the terms of the site you obtained them from. You are responsible for having the right to use, modify and combine any content you install, and for complying with the terms of your game and of any service you connect.
5.2. The Software modifies your game installation in the way it describes: it links or copies mod files into the game folder, backs up the originals it replaces, records its steps in a journal and can reverse them. It also writes to game configuration files and to plugin headers when you ask it to, after keeping a backup. These safeguards are built with care, but they do not replace your own backups, and they cannot protect against changes made by other programs, by the game itself, or by you outside the Software.
5.3. Keep your own copies of saves and of anything you cannot afford to lose. Use the Software first on a game installation you can afford to reinstall.
5.4. We claim no ownership of and no licence to your mods, game files, saves or configuration. Nothing in this Licence gives us the right to delete, alter or withhold them, and ending this Licence does not affect them.
6. Assistant features
6.1. The assistant features that send requests to a model do so only on your explicit action and only after the Software has shown you what will be sent and you have agreed. You can withdraw that agreement in the settings.
6.2. A model’s answer is a proposal. The Software validates it and applies it only when you choose to, through the same commands and with the same backups as any other operation. The model does not write to your files.
6.3. Model output may be wrong. You are responsible for reviewing a proposal before applying it and for the results of applying it.
7. Data
What the Software stores on your computer and what it sends over the network is described in the Privacy Policy. Accepting this Licence does not authorise the Software to send anything about your setup anywhere: the features that can do so ask separately and show you what would be sent first.
8. Feedback
If you send us feedback, ideas or suggestions about the Software, you grant us, to the extent permitted by the law of your country, a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them for any purpose without obligation to you.
9. Term and termination
9.1. This Licence applies from the moment you install or use the Software and continues until ended.
9.2. You may end it at any time by uninstalling the Software and destroying any copies.
9.3. This Licence ends if you materially breach it and, where the breach can be cured, do not cure it within 14 days of our notice; for fraud, abuse or unlawful use it ends immediately. We may also end it at any time if we discontinue the Software or if the Terms of Service are terminated.
9.4. When this Licence ends you must stop using the Software and uninstall it. Sections 1.3, 2, 5, 8, 10, 11, 12, 13 and 14 survive termination. Uninstalling the Software does not undo deployments already made to your game folder; the Software explains how to undo them before you uninstall, and leaves a note in its data folder afterwards.
10. Disclaimer of warranties
To the fullest extent permitted by law, the Software is provided “as is” and “as available”, with all faults and without warranty or condition of any kind, express, implied or statutory, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, or that the Software will be uninterrupted, error-free, compatible with your system, your game or any mod, or safe for your data. Some jurisdictions do not allow the exclusion of implied warranties; in that case the exclusion applies to the extent permitted.
11. Limitation of liability
11.1. To the fullest extent permitted by law, we and our licensors are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, saves, game installations, mods, profits, revenue or goodwill, arising from or related to the Software or this Licence, however caused and under any theory of liability, even if advised of the possibility of such damages.
11.2. To the fullest extent permitted by law, our total aggregate liability arising from or related to the Software or this Licence is limited to the greater of the amount you paid for the Services, through the payment partner, in the twelve months before the event giving rise to the claim and twenty US dollars.
11.3. Nothing in this Licence excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for gross negligence or wilful misconduct, for fraud, or for non-waivable consumer rights.
12. Export and sanctions
The Software may be subject to export control and sanctions laws. You must comply with them and must not use, export or re-export the Software in violation of them, from a territory subject to comprehensive sanctions, or while on a restricted-party list maintained by the United States (including the OFAC lists), the European Union or the United Kingdom.
13. Governing law and disputes
This Licence is governed by the laws of the country in which we are established, and disputes are resolved as set out in section 20 of the Terms of Service, including the protections that section 20.5 reserves for consumers.
14. General
14.1. We may assign this Licence to an affiliate or a successor. You may not assign it.
14.2. If a provision of this Licence is unenforceable, it is enforced to the maximum extent permitted and the rest remains in force. Our failure to enforce a provision is not a waiver.
14.3. This Licence is written in English; any translation is for convenience and the English text prevails.
14.4. We may update this Licence for future builds. The version that applies to a build is the one shipped with it and shown in its About window; the current version is always published on the Website.