
If you want to use the tools, you've got to give up your rights to claim royalties. But both stop short of waiving modders' rights. Modding tools for Unreal Tournament and Crysis 2 contain similar terms with their EULAs which put strict rules on non-commercial distribution, retaining copyright of existing assets, and banning offensive content. While it may seem wrong, this type of agreement is hardly unheard of. We release modding tools because we want the community to be able to create new content within in our games. If you install the Oblivion Construction set or the Fallout 3 GECK, you’ll see the same language in the EULA. We have the exact same language in our previous kits. NowGamer, who originally reported the EULA, heard from Bethesda who said this: By using the Creation Kit you are basically giving away all your rights to the mod and would have no way to claim royalties. In short, Bethesda reserves the right to use any user-created content or mods in any way it sees fit – including modifying, adapating, and even selling it. If You distribute or otherwise make available New Materials, You automatically grant to Bethesda Softworks the irrevocable, perpetual, royalty free, sublicensable right and license under all applicable copyrights and intellectual property rights laws to use, reproduce, modify, adapt, perform, display, distribute and otherwise exploit and/or dispose of the New Materials (or any part of the New Materials) in any way Bethesda Softworks, or its respective designee(s), sees fit. The two companies are also talking through issues with importing textures from to PS4 and Sony’s proprietary audio format that are causing separate issues.Some digging into the newly released Skyrim Creation Kit's End User License Agreement has revealed that all Skyrim mods made by using it effectively become the property of Bethesda as soon as they're distributed. Bethesda says it is working with Sony to increase that limit. The Xbox One enables mods up to 2GB in size. Sony has put a 900MB limit on uploaded mods from community members using the creation kit. But while it was the under-powered PS3 hardware that caused troubles last generation, it is Sony software and policy that is the issue this time around. The PlayStation 3 version of Skyrim was infamous for its technical problems, and Bethesda spent months after the debut trying to fix its poor frame-rate and numerous bugs.

Bethesda does not want to screw up the upgrade of its best-selling game ever, so expect it to do everything it can to sort out its PS4 issues before the October 28 release date. Getting mods working on PS4 is likely a top priority for Bethesda since it is planning to release an updated version of its beloved fantasy adventure The Elder Scrolls V: Skyrim with the same feature.

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