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HanClinto Games Platformer Starter Kit End User Product License Agreement ("License")
By installing or using this Kit, you ("Licensee") agree to be bound by the terms of this licensing agreement.
This license applies to both the Indie and Commercial seats for the Kit, with the differences laid out below. In short, the Commercial license is for companies with revenue greater than $500,000 annually, and it carries no requirements for credit or notice of the Platformer Starter Kit. The Indie license is available for everyone else, and can still be used on commercial games. If you have any other questions, please e-mail support@hanclinto.com
I. LICENSE AGREEMENT
This sets forth the entire agreement between HanClinto Games ("Licensor") and the Licensee relating to the use of the Kit source code ("Platformer Starter Kit") downloadable from hanclinto.com or distributed by Licensor's officially sanctioned affiliates or distributors.
II. LICENSE GRANT.
The Kit is licensed, not sold. Subject to the terms of this EULA, Licensor grants Licensee a limited non-exclusive, non-transferable license to use the Kit by a single seat assigned to an individual or company, for specific purposes of making source code, object code, for an unlimited number of products. Licensee may publicly sell, distribute, release, publish any products created with Kit except where specifically prohibited in Section III.
III. RESTRICTIONS.
Licensee may not: (a) Include, resell, repackage, or otherwise distribute the Kit, Kit source code or Kit documentation to the Kit in any manner or medium, unless recipient also has a separate license to the Kit, (b) Create any derivative works of the Kit including porting to any other platform or format; (c) Use an Indie License if company annual revenue is greater than $500,000 [For companies with revenue greater than $500,000 annually, you must purchase the Platformer Starter Kit Commercial License.]
IV. FEES.
The License fee for the Kit is the price set on the PushButton Engine website (pushbuttonengine.com) per each programmer using or accessing the source code to the Kit. In addition, this License carries the additional requirements for any products created or distributed under this license. Logo display requirement: Licensee agrees to display a HanClinto Games logo in the start up sequence of any product created and released with the Kit. [The logo display conditions may be removed by purchasing the Platformer Starter Kit Commercial License]. 2. If product has no applicable startup sequence, the Platformer Starter Kit Logo and link to the Platformer Starter Kit website (hanclinto.com) must be included in some form within the documentation, website, display, or other included media. For clarification or help with this requirement Licensor may be contacted at anytime at support@hanclinto.com.
V. TERMINATION.
Licensor may terminate this Agreement at anytime without prejudice in the event of material breach of any of its terms and conditions by Licensee. Upon termination, Licensee shall destroy all copies of the Kit. Licensee's access to the Platformer Starter Kit forums and SVN access to source upgrades may be pulled at HanClinto Games' sole discretion that Licensee is not abiding by reasonable rules and etiquette regarding such access.
VI. DISCLAIMER OF WARRANTY.
THERE IS NO WARRANTY FOR THE KIT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR LICENSOR AND OTHER PARTIES PROVIDE THE KIT 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE KIT IS WITH LICENSEE. SHOULD THE KIT PROVE DEFECTIVE FOR ANY PURPOSE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
VII. LIMITATION OF LIABILITY.
Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. In no event will Licensor be liable to any user for any damages, whether direct, indirect, incidental or consequential, arising out of the use or inability to use the licensed Kit, even if Licensor has been advised of the possibility of such damages.
VII. LICENSEE'S REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.
Licensee shall defend, indemnify and hold harmless Licensor, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorney's fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Kit and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies.
VIII. MISCELLANEOUS.
This License constitutes the entire agreement between the parties. This License replaces and supersedes any prior agreement entered into between the parties hereto with respect to the subject matter herein and may only be modified, altered, or amended by an instrument in writing signed by Licensor.
This License shall be governed by the laws of the United States and the State of Indiana, except for its conflicts of laws principles. Exclusive jurisdiction over and venue of any suit arising out of or relating to this License will be in the state and federal courts of Elkhart County, Indiana. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Licensee may not assign or otherwise transfer by operation of law or otherwise this License or any rights or obligations herein.
If you have any questions about this EULA, or if you want to contact HanClinto Games for any reason, please direct all correspondence to: support@hanclinto.com
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