CIG also argues that the "exclusive rights" to CryEngine granted in the license agreement do not extend to a requirement to use that engine. "The plain language of the GLA where the grant of rights to CIG appears, plus the well-established concept of an exclusive license, instead establish that the word 'exclusively' simply means that CIG’s right to use the Engine in the Game is exclusive to CIG and Crytek may not give that right to anyone else," the company writes.
It's clearly CIG being "selective" and "misleading" here, by claiming that "exclusive" use of the engine meant that Crytek would never license it out to any other company, which is an absurd proposition considering CIG even went on to use Amazons licensed version of Cryengine.
If you grant me exclusive rights to use your lot for a crafts fair, that does not mean that I have to use your lot for a crafts fair, that simply means that you cannot let anyone else use it for a crafts fair.
It's absurd to think that cryengine would grant exclusive rights to use cryengine as a whole, but not as absurd to think that it might be exclusive rights to say, creating a space conquering sim with it. Regardless based on that wording there's still zero reason to think that CIG has to use cryengine.
If Microsoft and the NFL sign a deal that the NFL will exclusively use Surface Tablets on the sidelines, does that mean that
A. Microsoft cannot sell surface tablets to anyone except the NFL
B. The NFL cannot use non-surface tablets on the sidelines.
The "exclusivity" portion was added to the contract because CIG was getting a fairly good deal in terms of liscensing costs and support, in exchange for promoting their use of Cryengine. It's fairly cut and dry.
