MODDING TERMS

Last updated: September 4, 2024

Greetings again adventurer,

LARIAN STUDIOS now allows you to forge your own adventure by opening the gates for the creation of Larian supported modifications (including but not limited to new items, weapons, characters, models, textures, etc.) (“Mod” or “Mods”) for the video game Baldur’s Gate 3 (the “Game”). However, before you can enter the realm of craftsmen, some additional terms must be agreed in order to protect LARIAN STUDIOS, the Game, any third party licensors that have licensed intellectual property to LARIAN STUDIOS for the Game, as well as the modders that create Mods. Those terms (“Modding Terms”) are laid out below. Please review these terms carefully before you create, share, distribute, use or otherwise exploit any Mods.

Please note that laws in your respective jurisdiction may require that you are of a certain age in order to enter into legally binding arrangements such as the Modding Terms. In the event that you are under the required age, you may not create any Mods, unless your parent or legal guardian has reviewed and agreed to the Modding Terms. The license we provide to you to create and use Mods with the Game may be revoked if you breach the Modding Terms.

1. OWNERSHIP

By accepting these terms, you acknowledge and agree that you do not own or have any proprietary rights in the Game or any Mods you create, except as specifically mentioned here. Any Mods you create are your property only if they consist only of your original creative work. To the extent that any element of your Mod includes or is derived from the Game's intellectual property (such as code, themes, characters, names, stories, dialogue, locations, artwork, sounds, music, and visual effects), you agree that all intellectual property rights therein, whether they are registered or not, are owned by Larian Studios and its licensors.

2. LICENSE

Provided you follow the Game’s EULA and these Modding Terms, LARIAN STUDIOS hereby grants you a non-exclusive, non-transferable, limited, fully revocable right and license to install, access and use the in-game modding tools, any graphical assets and/or other related tools provided by LARIAN STUDIOS (the “Baldur’s Gate 3 Toolkit”). You can use the Baldur’s Gate 3 Toolkit solely for the purpose of creating Mods for the Game. Officially supported mods will be published via the in-game library (“Modding Library” or “Mod Manager”).

Please note that the Modding Library is made available and operated by a third party partner mod.io and subject to additional terms and conditions published by mod.io. You will be requested to accept and comply with their terms and conditions.

Using the Baldur’s Gate 3 Toolkit is at your own discretion and risk and you will be solely responsible for any obligations, damages or losses which arise from your registration, access and use of the Baldur’s Gate 3 Toolkit.

You agree to use the Baldur’s Gate 3 Toolkit to create Mods in accordance with these Modding Terms, and with any additional terms and conditions published by mod.io. This includes an agreement that you shall not sell, rent, lease, license, distribute or otherwise transfer or exploit the Baldur’s Gate 3 Toolkit and/or Mods or any copies thereof, for money or other benefits, except as permitted by the terms of our Fan Content Policy and mod.io’s terms and conditions.

A breach of the provisions of these Modding Terms, the EULA or the Fan Content Policy shall constitute a material breach which has the effect of terminating the EULA and the agreement to these Modding Terms and may subject you to civil and criminal liability.

By accepting these terms, you give Larian Studios, its partners and licensors, all necessary rights and clearances to use your Mods. This includes an irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, display, distribute, or otherwise exploit any Mod you upload to the Modding Library in any way they see fit for the Game. Additionally, to the extent permissible by applicable law, you agree to refrain from invoking any moral rights or similar rights you might have in your Mods, against how Larian Studios or its partners use your Mods.

3. CONTENT RESTRICTIONS

Any element of your Mod (except for the Baldur’s Gate 3 Toolkit) must be your own original work or you must have obtained the necessary permissions to use such element. You are responsible for the content of any Mods which you create and publish in the Modding Library. By publishing your Mods on the Modding Library you warrant and represent to LARIAN STUDIOS that they do not contain:

• any elements that can be considered discriminatory, racist, obscene, libelous, offensive, illegal, defamatory, inappropriate, invasive, or likely to adversely affect the reputation or goodwill of LARIAN STUDIOS and/or its licensors;
• any resemblance to any recognizable third party brand, character or personality, including but not limited to any trademark, logos or third party assets except for those assets provided to you by LARIAN STUDIOS within the Baldur’s Gate 3 Toolkit as necessary for the creation of the Mod for use with the Game, or for those assets for which you personally have secured the necessary rights from such third parties;
• any elements from other games published by LARIAN STUDIOS and its affiliates or any other third party without permission, where such use constitutes an infringement of third party intellectual property rights;
• any elements which do not comply with any additional instructions provided to you by LARIAN STUDIOS and/or mod.io as published on the Modding Library or within the Baldur’s Gate 3 Toolkit from time to time;
• any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or other content that contains malicious code or in any way damages or interfere with the operation of the Game.

On PC, general stability and terms of service checks will be carried out before a Mod becomes available in the Modding Library. On console, an additional curation process vets Mods for cross-platform compatibility. However, you are solely responsible for your Mod and may be held liable for any Mod which you create and upload to the Modding Library. LARIAN STUDIOS and mod.io reserve the right, in their sole and final discretion, to remove any Mods from the Modding Library which violates the content restrictions above. To the maximum extent permitted by applicable law, LARIAN STUDIOS does not assume any responsibility or liability for the Mods or for removal of Mods, or any failure or delay in removing such Mods.

4. INDEMNIFICATION

You agree to indemnify, defend and hold LARIAN STUDIOS and its affiliates, licensors, licensees, contractors, officers, directors, employees, agents harmless from any damages, losses, cost and expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your use of any of the modding services, your culpable breach of these Mod Terms, any applicable law or the rights of a third party. This indemnification extends to any claim that your Mod infringes the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, or any other violation of these terms.

You acknowledge and agree that to the maximum extent permitted by applicable law (i) LARIAN STUDIOS will not be liable to you for any loss including any liability, cost, expense, including legal costs on a full indemnity basis, claim, proceeding, action, demand or damage (Loss) arising in connection with your use of the modding services including without limitation any lack of availability, defects, interruptions, lost data, loss of profits or limitation of the services whatsoever, (ii) LARIAN STUDIOS will not be liable to you or any third party under any circumstances for any indirect, incidental or consequential Loss or damages sustained or incurred whether such liability arises directly or indirectly as a result of the reliance on any content, goods or services available on or through any third party websites, games, applications, tools or services, supply, performance, payment or use of the services.

5. OUR LIABILITY

WE PROVIDE THE GAME, THE BALDUR’S GATE 3 TOOLKIT AND ANY MODS ON AN “AS IS” BASIS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LARIAN STUDIOS IS TO STOP USING THE GAME (INCLUDING BUT NOT LIMITED TO THE BALDUR’S GATE 3 TOOLKIT AND/OR ANY MODS). IN NO EVENT SHALL LARIAN STUDIOS AND ITS LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE GAME, THE BALDUR’S GATE 3 TOOLKIT AND ANY MODS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR PERSONAL INJURY, DEATH, FRAUD AND/OR CERTAIN IMPLIED WARRANTIES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF LARIAN STUDIOS AND ITS LICENSORS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. TERMINATION

LARIAN STUDIOS and mod.io reserve the right to suspend access to, or terminate the license for, any Mods, the Baldur’s Gate 3 Toolkit and the Modding Library at any time for any reason. If you breach any of the rules in clauses 2 and 3 of the Modding Terms, your license to use the Game, the Baldur’s Gate 3 Toolkit and/or any Mods shall automatically terminate, without notice. However, Larian Studios will still have the right to use any Mods you created and published as per the license granted herein, even after the rights licensed to you come to an end.

Because breaching these Modding Terms would cause material harm to LARIAN STUDIOS, you agree that LARIAN STUDIOS shall be entitled to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

7. MISCELLANEOUS

LARIAN STUDIOS reserves the right to amend or modify these terms at any time, in any manner subject only to you being properly notified of such changes.

8. LANGUAGES

For all purposes, this English language version of the Modding Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this English language version and any translation made available by the Larian Studios, the English language version shall govern and control.