the ELUA on this is very old.
before you pay anything upfront it says –
“PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY.”
“IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS EULA. YOU MUST ACCEPT THIS EULA IN ORDER TO DOWNLOAD THIS SOFTWARE AND ACCESS THE GAME (AS DEFINED BELOW).”
“C. Pre-Releases (Alpha/Beta Testing)
You specifically acknowledge and agree that you understand the nature of such Alpha or Beta testing, (i.e. that you may experience bugs, crashes, and the like, or that the Pre-Release Games may be changed or redesigned subsequently). Nothing contained in the foregoing shall be considered a breach by RSI of any of the RSI Terms or a failure of RSI to deliver the Game.”
so backers already knew many, many years ago what they were supporting. and continue to support.