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SHMUP Creator End User License Agreement – June 10th, 2020
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT.
This end user license agreement (the “Agreement”) is a legally binding contract between you, the end-user (the “licensee”), and bulo studio. (“bulo studio” or “licensor”, Mathilde Soussi) by installing or using “SHMUP Creator” (the “software”), you, the licensee, are agreeing to be bound by the terms and conditions of this agreement.
1. Ownership
BULO STUDIO retains all title, copyright, and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.
2. License
BULO STUDIO grants to Licensee a non-exclusive, non-assignable license to use the Software on only one (1) computer by installing the Software, and Licensee cannot use the Software concurrently by and on multiple computers.
The Licensee must not commercially exploit the Software or use the Software to provide any service (including using the Software at an internet cafe or computer gaming center);
Licensee can create, in strict accordance with the associated documentation, unlimited original Games (“User Games” ) using the Software, and copy and issue copies of these Games to the public in object code format only, and subject always to the provisions of section 3 below.
3. Restriction
Licensee shall not:
(a) load the Software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requiring a separate license);
(b) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce, exploit or deal in the Software or any part of it in any way;
(c) to copy or distribute to the public or otherwise exploit (on either a commercial or a non-commercial basis) any part of the Software other than within and as an integral part of an object code format App;
(d) to sub-license any right granted to you in this Agreement unless expressly permitted to do so by the Owner in writing.
4. Distribution rights
Licensee may, at its sole discretion and its own risk, distribute the User Games originally created by Licensee by utilizing the Software with the following conditions;
(a) Company Materials shall be used solely for User Games created with the Software.
(b) Modification of Company Materials (changes in color, size, orientation, trimming, etc.) shall be solely for the purpose of use in User Games created with the Software.
(c) Company Materials and Company Materials modified in accordance with the previous Paragraph shall be distributed, etc. with the User Game created with the Software. Furthermore, the distribution, etc. of Company Materials and modified Company Materials shall be permitted only when they are distributed, etc. with the User Game created with the Software. Company Materials and modified Company Materials may not be distributed, etc. independently, and they may not be combined with programs, etc. other than the User Game
(d) The User Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold BULO STUDIO harmless against any claim/suit/proceeding brought against BULO STUDIO arising out of or in connection with the User Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party.
(e) The Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.
BULO STUDIO is not bound to undertake any control or evaluation of User Content. Consequently, you hereby confirm and accept that you have the full and entire responsibility for User Content and that BULO STUDIO may not be held liable for this.
(f) Customer Content: The Licensee retains ownership of any rights Licensee may have in the Customer Content.
5. Limited Warranties
BULO STUDIO does not warrant that the Software will meet Licensee’s requirements, that the Software will operate in combinations other than as specified in the Documentation, that the Software will be suitable for creating commercial products, that the operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.
BULO STUDIO hereby disclaims any and all representations and warranties in any manner, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.
The software is provided "as is" and without any guarantee of any nature whatsoever, express or implicit, notably and without limitation, the implicit guarantees and/or conditions pertaining to the trade quality of the software, suitability for a particular use, of adequate quality, performance of lack of breach of intellectual property rights.
6. Liability Limitation
In no event shall BULO STUDIO be liable for any indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by the Licensee or any third party, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages. BULO STUDIO’s liability for damages and expenses hereunder or relating hereto (whether in an action in contract or tort) will in no event exceed the number of license fees paid to BULO STUDIO with respect to this agreement.
7. Termination
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately. Upon termination, you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
8. Governing Law and Jurisdiction
Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Multimedia SOFTWARE and/or Online Service, this Licence Agreement is governed by French law.
9.Exclusion of third party rights
No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT.
This end user license agreement (the “Agreement”) is a legally binding contract between you, the end-user (the “licensee”), and bulo studio. (“bulo studio” or “licensor”, Mathilde Soussi) by installing or using “SHMUP Creator” (the “software”), you, the licensee, are agreeing to be bound by the terms and conditions of this agreement.
1. Ownership
BULO STUDIO retains all title, copyright, and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.
2. License
BULO STUDIO grants to Licensee a non-exclusive, non-assignable license to use the Software on only one (1) computer by installing the Software, and Licensee cannot use the Software concurrently by and on multiple computers.
The Licensee must not commercially exploit the Software or use the Software to provide any service (including using the Software at an internet cafe or computer gaming center);
Licensee can create, in strict accordance with the associated documentation, unlimited original Games (“User Games” ) using the Software, and copy and issue copies of these Games to the public in object code format only, and subject always to the provisions of section 3 below.
3. Restriction
Licensee shall not:
(a) load the Software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution (such use requiring a separate license);
(b) except as expressly permitted by this Agreement and save to the extent and in the circumstances expressly required to be permitted by law, to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation or use, reproduce, exploit or deal in the Software or any part of it in any way;
(c) to copy or distribute to the public or otherwise exploit (on either a commercial or a non-commercial basis) any part of the Software other than within and as an integral part of an object code format App;
(d) to sub-license any right granted to you in this Agreement unless expressly permitted to do so by the Owner in writing.
4. Distribution rights
Licensee may, at its sole discretion and its own risk, distribute the User Games originally created by Licensee by utilizing the Software with the following conditions;
(a) Company Materials shall be used solely for User Games created with the Software.
(b) Modification of Company Materials (changes in color, size, orientation, trimming, etc.) shall be solely for the purpose of use in User Games created with the Software.
(c) Company Materials and Company Materials modified in accordance with the previous Paragraph shall be distributed, etc. with the User Game created with the Software. Furthermore, the distribution, etc. of Company Materials and modified Company Materials shall be permitted only when they are distributed, etc. with the User Game created with the Software. Company Materials and modified Company Materials may not be distributed, etc. independently, and they may not be combined with programs, etc. other than the User Game
(d) The User Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold BULO STUDIO harmless against any claim/suit/proceeding brought against BULO STUDIO arising out of or in connection with the User Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party.
(e) The Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.
BULO STUDIO is not bound to undertake any control or evaluation of User Content. Consequently, you hereby confirm and accept that you have the full and entire responsibility for User Content and that BULO STUDIO may not be held liable for this.
(f) Customer Content: The Licensee retains ownership of any rights Licensee may have in the Customer Content.
5. Limited Warranties
BULO STUDIO does not warrant that the Software will meet Licensee’s requirements, that the Software will operate in combinations other than as specified in the Documentation, that the Software will be suitable for creating commercial products, that the operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.
BULO STUDIO hereby disclaims any and all representations and warranties in any manner, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.
The software is provided "as is" and without any guarantee of any nature whatsoever, express or implicit, notably and without limitation, the implicit guarantees and/or conditions pertaining to the trade quality of the software, suitability for a particular use, of adequate quality, performance of lack of breach of intellectual property rights.
6. Liability Limitation
In no event shall BULO STUDIO be liable for any indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by the Licensee or any third party, whether in an action in contract or tort, even if such party has been advised of the possibility of such damages. BULO STUDIO’s liability for damages and expenses hereunder or relating hereto (whether in an action in contract or tort) will in no event exceed the number of license fees paid to BULO STUDIO with respect to this agreement.
7. Termination
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately. Upon termination, you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control.
8. Governing Law and Jurisdiction
Within the limitations for which provision is made by applicable law in the country where you use and/or have acquired the Multimedia SOFTWARE and/or Online Service, this Licence Agreement is governed by French law.
9.Exclusion of third party rights
No term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.