Update to #FFXIV NDA Rules During Phase 4/Open Beta and Early Release

Yay! We finally have some clarification, and it’s basically what I thought it’d be. It only makes sense to avoid from spoiling game content if you’re not already in the Beta. I’m sure resourceful viewers will find some videos, but please be careful!

I do not plan on releasing videos until launch. I was planning on streaming but have cancelled that plan as well! I will make a summary of the NDA rules below, then look for official quote below the line.

  • NDA is NOT fully lifted for Phase 4/Open Beta 
  • What is permissible? Talking, writing, tweeting, posting screenshots (same as Phase 3), capturing videos (new)
  • What is not permissible? Uploading and sharing videos you have captured of phase 4 and early access, streaming gameplay, sounds, music etc.
  • When will the NDA be fully lifted? August 27th 2013
  • So… can I take videos during Phase 4 and Early Access? Yes, just don’t share them >.> publicly at least!
  • Read below for further details for NA and EU usage rules

Use of Copyrighted Material
Beginning with the start of the official launch, you may stream, upload or share the videos you record of FFXIV: ARR. However, please note that these things remain prohibited during Beta Test phase 4 and the early access period.

You’ll be allowed to capture video footage during phase 4, but you cannot release the footage to the public until the launch of official service.

Please see the following for more details on the use of copyrighted materials.

  • North America

    FINAL FANTASY® XIV: A Realm Reborn™
    Material Usage License Agreement
    Effective June 8, 2013

    Terms and Conditions

    Final Fantasy XIV: A Realm Reborn (Final Fantasy XIV) is comprised of materials such as art, text and logos that are trademarked and/or copyrighted. Square Enix Co., Ltd., and Square Enix, Inc. (collectively Square Enix) grants you permission to utilize certain materials as specified below (Copyright Material) on a non-commercial basis, for the purpose of supporting and developing the Final Fantasy XIV community, in accordance to the following terms and conditions.

    Please read these terms and conditions carefully. The use or distribution of copyrighted material from the Final Fantasy XIV game and/or Final Fantasy XIV related services, on your or third party homepages, blogs, social networking services is conditional upon your acceptance of these terms and conditions.

    1. Copyright Material (Materials permitted for use)
      The following materials are permitted to be used by you. For purpose of clarification, you may not display any of Square Enix’s trademarked and/or copyrighted materials other than said Copyright Material.

      • Text, information, images available on the Final Fantasy XIV official site, official forum, Beta tester-exclusive forum and related sites
      • Text and screenshots taken from within Final Fantasy XIV (including the Beta Version after Beta3)

      This permission excludes any in-game video, music or vocal tracks captured by you or a third party.

    2. Conditions regarding Use
      1) You may not use the Copyright Material for any sales or commercial use;
      2) You shall list Copyright Notice 1[Trademark] when using any of Square Enix’s trademarks;
      3) You shall list Copyright Notice 2 [Copyright] when using any Copyright Material images;
      4) You may not materially alter or modify the Copyright Material;
      5) You will not alter, remove or conceal any trademark or copyright notice that may be included in the Copyright Material.
      6) You must immediately comply with any request by Square Enix to remove any or all Copyright Material, as specified in a notice from Square Enix.
      7) You shall not use the Copyright Material to harm or injure others or use it in a derogatory manner.

      Legal Notice 1: [Trademark]

      All company, product, system names and/or company logos and marks are the
      registered trademarks or trademarks of their respective owners.

      Legal Notice 2: [Copyright]
      Please provide the following copyright line when using any images of the Copyright Material. In the event you are using multiple images, you do not have to provide the copyright line multiple times but list it once.

      Copyright (C) 2010 – 2013 SQUARE ENIX CO., LTD. All Rights Reserved.

    3. Disclaimer
      The Copyright Material is provided ‘as is.’ Square Enix does not make any representations or warranties regarding the Copyright Material. Any use by you shall be at your own risk.
  • Europe

    FINAL FANTASY® XIV
    Materials Usage License
    Effective August 11, 2010

    Before we can permit you to utilize the Materials (as defined below) on non-commercial websites, we need you to agree to the following license.Your particular attention is drawn to our waiver and limitation of liability below

    This Materials Usage License (“Agreement”) is a binding contract between you and Square Enix Limited a company incorporated under the laws of England and Wales with registered number 01804186 and office Wimbledon Bridge House, 1 Hartfield Road, London SW19 3RU, England (“Square Enix,” “We” or “Us”). Our grant of license is conditional upon you accepting these terms.

    Trademarks and Copyrighted Material

    The FINAL FANTASY XIV Fankit is comprised of art, text and logo materials pertaining to FINAL FANTASY XIV that are trademarked and/or copyrighted (“Materials”). The Materials are owned or controlled by Square Enix. The Materials you may use also includes in-game screenshots captured by you, as well as assets and information posted at www.finalfantasyxiv.com and FINAL FANTASY XIV-specific official websites. Accordingly, in consideration of the terms of this Agreement the sufficiency of which is acknowledged, Square Enix grants you a limited revocable license to use the Materials for the Permitted Purposes set out below and you will not receive any ownership or other rights to the Materials. For the avoidance of doubt, you may not use any trademarked and/or copyrighted materials owned and or controlled by Square Enix other than Materials, including, but not limited to, any in-game video, music or voice captured by you or any third party. You agree to only use the Materials for personal online use (e.g., displaying them on your non-commercial web site, using the icons for social sites, or in signature files for personal e-mails) (“Permitted Purposes”). You will not alter the Materials or produce derivative works based on the Materials. You will not alter, remove or conceal any trademark or copyright notice that may be included on the Materials. You must immediately comply with any request by Square Enix to remove any or all Materials, as specified in a notice from Square Enix.

    Trademark and Copyright Notice

    Square Enix is a company built on its intellectual property. Accordingly, we must take steps to protect our properties. We are permitting you to display our Materials, but we need you to understand that the Materials belong to Square Enix. Accordingly, if you display the Materials publicly (such as on a web site), you agree to include the legal lines provided by Square Enix with regard to the Materials once on every webpage. Such legal lines will be in the following format:

    FINAL FANTASY XIV (C) 2010 – 2013 Square Enix Co., Ltd. FINAL FANTASY is a registered trademark of Square Enix Holdings Co., Ltd. All material used under license.

    Other Obligations

    You agree not to use any Materials in conjunction with any of the following: unapproved Square Enix assets; counterfeit merchandise; pornography; unlicensed Square Enix music available for streaming or download, or links to unlicensed Square Enix music available for streaming or download or for any other purpose that is illegal or is likely to bring the Square Enix name or the Materials into disrepute.

    Term and Termination

    This Agreement will remain in effect for as long as you use the Materials. Square Enix reserves the express right to revoke this license at any time on notice. Upon termination, you agree to stop using the Materials.

    General Provisions

    This is the entire Agreement between Square Enix and you with respect to the Materials, and this agreement supersedes any prior written or verbal agreements. You agree to its terms by using any Materials provided to you by Square Enix, and to any changes to this Agreement by using any Materials after such changes are posted. This Agreement and any related dispute or claim (contractual or non-contractual) shall be governed by and construed in accordance with English law and the parties submits for all purposes in connection with the Agreement (including any such dispute or claim) to the exclusive jurisdiction of the English Courts, save that nothing contained in the Agreement shall limit the right of Square Enix to take any proceeding, suit or action against any party in any other court of competent jurisdiction, nor shall the taking of such proceeding, suit or action in one or more jurisdictions preclude the taking of any other such proceedings suit or action in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction

    Any breach of this Agreement would result in irreparable harm to Square Enix. Accordingly, if you breach this Agreement, Square Enix will be entitled to appropriate equitable remedies without bond, security or proof of damages, in addition to any other remedies which may be available.

    The Materials are provided “as is.”SQUARE ENIX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SQUARE ENIX WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF SQUARE ENIX IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

    You may not assign, transfer, license, charge or deal with any of your rights under this Agreement.

    A person or entity that is not party to the Contract has no rights to enforce any provision of the Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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