13. Chris Roberts, a video game designer, and Ortwin Freyermuth, an
entertainment lawyer, founded Defendants. On October 10, 2012, Defendants
initiated a crowdfunding campaign to raise money for Star Citizen, a game to be
developed by Defendants.
14. At significant time and expense, Crytek created demonstrations and
proofs-of-concept for Defendants related to Star Citizen, and Defendants used those
materials as part of the crowdfunding campaign for Star Citizen.
15. On November 20, 2012, Crytek and Defendants entered into a Game
License Agreement ("GLA") with Crytek. The GLA was extensively negotiated, ...
16. Under the GLA, Defendants agreed to pay Crytek a license fee for
access to and use of CryEngine in the Star Citizen video game. Crytek agreed to
charge Defendants a below-market license rate for CryEngine in exchange for
Defendants' agreements that they would — among other things — prominently
display Crytek trademarks and copyright notices in the Star Citizen video game and
related marketing materials.