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SMILE GAME BUILDER Exporter for Unity 5.6 License Agreement
This Agreement constitutes an agreement by and between the user of SMILE GAME BUILDER Exporter for Unity 5.6 (“Exporter for Unity 5.6”) and SmileBoom Co.Ltd. (the “Company”).
Upon its use of Exporter for Unity 5.6, whether in whole or in part, the authorized user who purchased SMILE GAME BUILDER and who was granted use thereof (“User”) shall be deemed to have agreed to be bound by the terms hereof. If the User has already downloaded Exporter for Unity 5.6, the User shall also be deemed to have read the terms of the Agreement and agreed thereto.
Article 1 Definition
For the purpose of the Agreement, the following terms shall have the meanings set forth below:
(1) User: An authorized user who purchased SMILE GAME BUILDER and has been permitted to use it.
Article 2 License
The Company grants to the User who has duly purchased Exporter for Unity 5.6 a nonexclusive and non-sub-licensable license for the installation thereof and the usage of Exporter for Unity 5.6 within SMILE GAME BUILDER by the User. The User may not transfer the license for Exporter for Unity 5.6 to any third party.
Article 3 Basics
This Agreement sets forth the contractual terms based on which the Company, which is the copyright holder or was granted a license by the duly authorized rights holder, grants to the User a license to use Exporter for Unity 5.6 and the User engages in the usage thereof. The terms of using Exporter for Unity 5.6 between the Company and the User shall be at all times subject to the provisions hereof.
Article 4 Intellectual Property Rights
All copyrights and intellectual property rights in Exporter for Unity 5.6 vest in SmileBoom Co.Ltd.
Article 5 Source Code
All copyrights and intellectual property rights in the source code and associated files generated from the game file of SMILE GAME BUILDER (“Game File”) by Exporter for Unity 5.6 (“Work Product”) shall vest in the User who created the Game File based on which the Work Product is generated; provided, however, that if such User makes the source code public, it shall be handled as open source software.
From the point when the source code generated with Exporter for Unity 5.6 was loaded by Unity as a project, it shall be governed by all rules for using Unity set forth by Unity Technologies and the Company shall not be concerned therewith in any way whatsoever.
Article 6 Rights to and Distribution of Games Created
1. The copyrights in the games generated by a User from a Work Product of Exporter for Unity 5.6 shall vest in that User. Accordingly, the Company shall not be liable for the content of games created by Users or for any problems occurring when such games are posted or distributed on video or other media.
2. There are no specific restrictions on the distribution of games generated by a User from a Work Product of Exporter for Unity 5.6, whether on a for-charge or free-of-charge basis. Neither is the payment of royalties to the Company required; provided, however, that the Company shall not be liable in any way whatsoever for the content of games created by Users or for any problems occurring when such games are distributed.
3. All rights to the materials used in the games generated by a User from a Work Product of Exporter for Unity 5.6 shall be handled by the User at its own risk and the Company shall not be liable in any way whatsoever therefor.
Article 7 Prohibitions
1. Customers may not conduct any of the acts listed below without obtaining the Company’s consent. If it is difficult to determine whether a case falls under these prohibited categories or not, please contact the Company.
(1) Distribution of Exporter for Unity 5.6 in violation of laws and regulations,
(2) Any act that would give an impression that the User is the copyright holder of Exporter for Unity 5.6, or
(3) Usage of Exporter for Unity 5.6 for a work with a particularly anti-social nature and that is offensive to public order and morals.
2. Users shall be liable for any losses incurred by the Company as a result of a breach hereof or the infringement of any intellectual property right with regard to Exporter for Unity 5.6. In the event that the Company or copyright holders should suffer any losses due to such work, the Company shall claim compensation from the User for any direct, indirect damages, or damages from ripple effects including attorney's fees and any other legal expenses.
Article 8 Disclaimer
This Agreement provides no warranty for the performance of Exporter for Unity 5.6 and its fitness for the User’s particular purpose. It neither provides any warranty for correctness, reliability, and completeness with respect to the use of Exporter for Unity 5.6 or the result of usage. It should be acknowledged that any fault that arises may not be addressed promptly including modification and repair work.
Article 9 Damages
The Company accepts no liability for any direct, indirect damages, or damages from ripple effects arising from the use or unavailability of Exporter for Unity 5.6.
Article 10 Refund of Purchase Price
The Company will not refund the purchase price for Exporter for Unity 5.6 as a rule; provided, however, where any other statement is included in the terms and conditions of the online store from which the User purchased Exporter for Unity 5.6, such statement shall apply.
Article 11 Withdrawal from Agreement
If the User withdraws its acceptance of this Agreement, it must delete all the files related to Exporter for Unity 5.6 and all files created using Exporter for Unity 5.6 from all the recording media it owns and the server under contract.
Article 12 Jurisdiction
All disputes arising in connection with the use of Exporter for Unity 5.6 and in connection with the interpretation or performance hereof shall be resolved under the laws of Japan subject to jurisdiction of the Sapporo District Court.
Article 13 Revision of Agreement
The Company may revise the provisions hereof and other representations without giving the User prior notice and if such revision takes place, the latest provisions and representations after such revision shall apply.
Article 14 Language
This Agreement is made in Japanese, and an English translation of this Agreement is nothing more than a translation. If there is any discrepancy between the Japanese and English interpretations of this Agreement, the Japanese interpretation shall prevail.
This Agreement constitutes an agreement by and between the user of SMILE GAME BUILDER Exporter for Unity 5.6 (“Exporter for Unity 5.6”) and SmileBoom Co.Ltd. (the “Company”).
Upon its use of Exporter for Unity 5.6, whether in whole or in part, the authorized user who purchased SMILE GAME BUILDER and who was granted use thereof (“User”) shall be deemed to have agreed to be bound by the terms hereof. If the User has already downloaded Exporter for Unity 5.6, the User shall also be deemed to have read the terms of the Agreement and agreed thereto.
Article 1 Definition
For the purpose of the Agreement, the following terms shall have the meanings set forth below:
(1) User: An authorized user who purchased SMILE GAME BUILDER and has been permitted to use it.
Article 2 License
The Company grants to the User who has duly purchased Exporter for Unity 5.6 a nonexclusive and non-sub-licensable license for the installation thereof and the usage of Exporter for Unity 5.6 within SMILE GAME BUILDER by the User. The User may not transfer the license for Exporter for Unity 5.6 to any third party.
Article 3 Basics
This Agreement sets forth the contractual terms based on which the Company, which is the copyright holder or was granted a license by the duly authorized rights holder, grants to the User a license to use Exporter for Unity 5.6 and the User engages in the usage thereof. The terms of using Exporter for Unity 5.6 between the Company and the User shall be at all times subject to the provisions hereof.
Article 4 Intellectual Property Rights
All copyrights and intellectual property rights in Exporter for Unity 5.6 vest in SmileBoom Co.Ltd.
Article 5 Source Code
All copyrights and intellectual property rights in the source code and associated files generated from the game file of SMILE GAME BUILDER (“Game File”) by Exporter for Unity 5.6 (“Work Product”) shall vest in the User who created the Game File based on which the Work Product is generated; provided, however, that if such User makes the source code public, it shall be handled as open source software.
From the point when the source code generated with Exporter for Unity 5.6 was loaded by Unity as a project, it shall be governed by all rules for using Unity set forth by Unity Technologies and the Company shall not be concerned therewith in any way whatsoever.
Article 6 Rights to and Distribution of Games Created
1. The copyrights in the games generated by a User from a Work Product of Exporter for Unity 5.6 shall vest in that User. Accordingly, the Company shall not be liable for the content of games created by Users or for any problems occurring when such games are posted or distributed on video or other media.
2. There are no specific restrictions on the distribution of games generated by a User from a Work Product of Exporter for Unity 5.6, whether on a for-charge or free-of-charge basis. Neither is the payment of royalties to the Company required; provided, however, that the Company shall not be liable in any way whatsoever for the content of games created by Users or for any problems occurring when such games are distributed.
3. All rights to the materials used in the games generated by a User from a Work Product of Exporter for Unity 5.6 shall be handled by the User at its own risk and the Company shall not be liable in any way whatsoever therefor.
Article 7 Prohibitions
1. Customers may not conduct any of the acts listed below without obtaining the Company’s consent. If it is difficult to determine whether a case falls under these prohibited categories or not, please contact the Company.
(1) Distribution of Exporter for Unity 5.6 in violation of laws and regulations,
(2) Any act that would give an impression that the User is the copyright holder of Exporter for Unity 5.6, or
(3) Usage of Exporter for Unity 5.6 for a work with a particularly anti-social nature and that is offensive to public order and morals.
2. Users shall be liable for any losses incurred by the Company as a result of a breach hereof or the infringement of any intellectual property right with regard to Exporter for Unity 5.6. In the event that the Company or copyright holders should suffer any losses due to such work, the Company shall claim compensation from the User for any direct, indirect damages, or damages from ripple effects including attorney's fees and any other legal expenses.
Article 8 Disclaimer
This Agreement provides no warranty for the performance of Exporter for Unity 5.6 and its fitness for the User’s particular purpose. It neither provides any warranty for correctness, reliability, and completeness with respect to the use of Exporter for Unity 5.6 or the result of usage. It should be acknowledged that any fault that arises may not be addressed promptly including modification and repair work.
Article 9 Damages
The Company accepts no liability for any direct, indirect damages, or damages from ripple effects arising from the use or unavailability of Exporter for Unity 5.6.
Article 10 Refund of Purchase Price
The Company will not refund the purchase price for Exporter for Unity 5.6 as a rule; provided, however, where any other statement is included in the terms and conditions of the online store from which the User purchased Exporter for Unity 5.6, such statement shall apply.
Article 11 Withdrawal from Agreement
If the User withdraws its acceptance of this Agreement, it must delete all the files related to Exporter for Unity 5.6 and all files created using Exporter for Unity 5.6 from all the recording media it owns and the server under contract.
Article 12 Jurisdiction
All disputes arising in connection with the use of Exporter for Unity 5.6 and in connection with the interpretation or performance hereof shall be resolved under the laws of Japan subject to jurisdiction of the Sapporo District Court.
Article 13 Revision of Agreement
The Company may revise the provisions hereof and other representations without giving the User prior notice and if such revision takes place, the latest provisions and representations after such revision shall apply.
Article 14 Language
This Agreement is made in Japanese, and an English translation of this Agreement is nothing more than a translation. If there is any discrepancy between the Japanese and English interpretations of this Agreement, the Japanese interpretation shall prevail.