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Creating a fund to support modders and creators of new maps.
What specific agreement are you referring to? Is creating mods and maps for Heroes 5 considered an illegal activity? We're talking about voluntary contributions to support and develop the game. As far as I know, donations and voluntary contributions are permitted and legal in today's world.
by the way, yes, there is some kind of agreement (which I have never read), it was discussed on the forum when Heroes 7 was released, as far as I remember, it is a set of rules that concerned modding for any Ubisoft game.