| Language: |
Software License Agreement
This Agreement constitutes an agreement between a user of SMILE GAME BUILDER and SmileBoom Co. Ltd. (hereinafter referred to as "the Company").
Prior to the purchase or initial download of the software, the Company displays a notice stating that this Agreement applies to the use of the software and provide a link to this Agreement on the product page, purchase page, download page, and other screens related to the sale or provision of the software. If a person who uses and operates the Software (hereinafter referred to as the "User") downloads, installs, launches, or uses the Software after the aforementioned notice has been displayed, this Agreement shall constitute the terms of the agreement between the User and the Company regarding the use of the Software. If the User does not agree to this Agreement, the User may not download, install, launch, or use the Software. Any amendments to this Agreement shall be governed by the provisions of Article 14.
For the Trial Version, see Article 15 (Exceptions for Trial Version).
Article 1. Definition
As used in this Agreement, the following terms have the following meanings.
(1) "Software" refers to programs provided by the Company, related files, storage media and media containing such programs, and specifications, descriptions, procedures, manuals and any other documentation related to such tools and programs.
(2) "Downloaded Content (DLC)" refers to the additional content which the User downloads via Steam and uses in SMILE GAME BUILDER.
(3) "Add-on" refers to programs, plug-ins, scripts, libraries, templates, additional data, and other similar content provided to extend, modify, or supplement the functionality of software.
(4) "Use of the Software" refers to downloading and installing the Software on a personal computer or other device and operating it in one way or another. Alternatively, it refers to using specifications, descriptions, procedures, manuals, and any other documentation related to the Software.
(5) "User Game" refers to a game created by a user using the Software, the Company's product.
(6) "Content Provided by the Company" refers to software, various materials, downloadable content, add-ons provided by the Company or third parties authorized by the Company, and any modifications thereto.
(7) "AI Services" refers to software or services that use machine learning or other artificial intelligence technologies to analyze or convert input information, generate content, or perform similar functions.
(8) "AI Training, etc." refers to basic training, additional training, fine-tuning, LoRA, and other model adjustments; model evaluation or improvement; the creation of training datasets; the creation of RAG corpora or vector databases; and other similar uses, excluding normal inference processing.
(9) "Project Data" refers to data used for the creation or editing of User games that contain content provided by the Company in a form that allows for its extraction or reuse.
(10) "Published Games" refers to User games (including those in the preparatory stages for distribution) in executable or similar formats from which content provided by the Company cannot be extracted or reused as source material through normal means of use.
Article 2. Granting of a license
The Company grants the User a non-exclusive and non-sublicensable license to use the Software in accordance with the usage conditions stipulated in this Agreement. The User may not assign its license regarding the Use of the Software to a third party.
Article 3. Basic matters
This Agreement specifies conditions concerning the granting by the Company to the User of a license regarding the Use of the Software in its capacity as the copyright holder or a licensor authorized by lawful right holders, and the User's use of the Software. In all circumstances, the terms of this Agreement apply to conditions concerning the Use of the Software as between the Company and the User.
Article 4. Intellectual property rights
Copyright and other intellectual property rights to the Software are vested in the Company or lawful third parties.
Article 5. Prohibition
1. The User may not conduct the following acts without the Company's approval.
(1) The User may not reproduce, adapt, alter, sell, loan or otherwise distribute, enable for transmission, put to public transmission, sublicense, make commercial use of the Software, or perform similar acts without obtaining licenses from the Company and lawful right holders, except as permitted under this Agreement.
(2) The User may not reverse-engineer, decompile, or disassemble the Software. The Software may not be disassembled for source code analysis. In addition, users may not remove or circumvent encryption, obfuscation, or other technical protections.
(3) The Software may not be exported, re-exported, or transferred to a third party in violation of laws and regulations.
(4) The User may not, without the Company's prior written consent, use the content provided by the Company for AI training or similar purposes; provide the Content to third parties for such purposes; or create or provide to third parties any datasets, models, weights, embeddings, RAG databases, or other deliverables that include the content provided by the Company or that enable the extraction or reproduction of such content.
(5) The User may not use the AI Service for the purpose of generating content that reproduces or imitates the content provided by the Company or its creative expressions, or for providing such content to third parties as a substitute for the content provided by the Company. However, this restriction does not apply to uses expressly permitted under Article 6. This exception does not apply to the prohibition on AI training, etc., set forth in the preceding paragraph.
(6) In addition to the provisions set forth in the preceding paragraphs, the User may not use the Software or the content provided by the Company beyond the scope expressly permitted in this Agreement or in the Terms of Use separately established by the Company.
2. If the User causes damage to the Company due to a breach of this Agreement attributable to the User or an infringement of intellectual property rights related to the Software, the User shall be obligated to compensate the Company for such damage. The scope of compensation shall be in accordance with the Civil Code and other applicable laws and regulations, and shall include reasonably necessary dispute resolution costs, such as attorneys' fees.
3. In the event of a breach of this Agreement by the User, regardless of whether damages have actually occurred, the Company may require the User, to the extent necessary based on the nature and severity of the breach, to remedy the breach, remove the breaching portion, or suspend distribution of the game or content related to such breach. If there is an urgent need to prevent infringement of rights, the distribution of harmful programs, or other serious harm to third parties, the Company may immediately require the suspension of distribution to the extent necessary.
4. If the User fails to remedy the breach within a reasonable period after being requested to do so, the Company may terminate this Agreement. However, this shall not apply if the breach is minor. In the event of a material breach that cannot be remedied, or if it is clear that requesting a remedy will not result in a remedy sufficient to achieve the purpose of this Agreement, the Company may terminate this Agreement immediately without prior notice.
Article 6. Use of the assets
1. The User may use, free of charge, 3D model data, graphics and sounds contained in the Software, and model data etc. generated by Software functions (hereinafter referred to as the "Assets").
2. The Assets from a product or tool manufactured by the Company may be used in another product or tool manufactured by the Company. However, the Company does not warrant Assets compatibility between the products and the tools.
3. The use of various Assets other than game creation software manufactured by the Company is prohibited. However, this shall not preclude the modification of images, 3D models, audio, or similar content using general-purpose editing tools for the purposes of use permitted under this Article, nor shall it preclude the uses specified in Paragraph 6 and Paragraphs 8 through 10.
4. Assets data contained in the Software may not be distributed as-is as standalone assets, whether on a chargeable or non-chargeable basis.
5. The User may make and use its own altered versions of the Assets, but such use is limited to inside products and tools manufactured by the Company. However, this does not apply to the editing of materials permitted in the preceding paragraphs or to the cases specified in Paragraph 6 and Paragraphs 8 through 10.
6. The Assets may be modified and used for the purpose of introducing work produced by the user on the user's own blog, social media, promotional videos, and so on. In addition, the User may distribute modified materials free of charge—not limited to the purpose of introducing their works—provided they are authorized license holders of RPG Developer Bakin or SMILE GAME BUILDER. In such cases, users must clearly indicate that the original works from which the materials were derived are the intellectual property of the Company, present the terms of use set forth in this section to the recipients, and obtain their consent to use the materials in accordance with those terms. The same applies to any materials processed using the AI service in accordance with Paragraph 9. It is prohibited to sell modified materials as a collection, to use them commercially—whether for a fee or free of charge—as individual items, or to distribute them as individual items to third parties other than the aforementioned authorized license holders. This prohibition does not apply to the distribution of games, whether for a fee or free of charge, in accordance with Article 7.
7. The Downloaded Content is governed by separate license terms. Unless these license terms explicitly permit the use of such DLC for AI training or similar purposes, this section does not exempt the user from the prohibition on AI training or similar activities set forth in Article 5, Paragraph 1, Item 4.
8. The User may use AI-generated works or AI-processed works—provided they hold the necessary rights or have obtained the necessary licenses—in the creation and distribution of their own games.
9. When using content provided by the Company for ordinary inference, conversion, or processing via an AI service, the User must confirm that the provider of said AI service will not use the input information for purposes other than AI training, model improvement, or other such processing, and will not provide it to third parties beyond the scope necessary to perform said processing. The User may not input content provided by the Company into any AI service for which such confirmation cannot be obtained.
10. The User may incorporate lawfully created AI-generated works or AI-processed works into a published game and distribute them. However, the User may not distribute content provided by the Company or its processed versions on their own (excluding the distribution of modified materials that meet the conditions of Paragraph 6), nor may they provide project data to third parties.
11. When using AI services and AI-generated works, the User shall handle the necessary rights clearance themselves, confirm the applicable laws and regulations as well as the terms of use for the AI services, and use them in accordance with these requirements. The Company does not guarantee that AI-generated works do not infringe on third-party rights or that they constitute original works.
Article 7. Rights to created games, their distribution, etc.
1. The User is to distribute their games with all of the following conditions satisfied.
(i) The User is a lawful license holder of the Software. However, this does not apply to continued distribution under Article 12, Paragraph 2.
(ii) Games created by the User do not infringe, and there are no specific and reasonable grounds to suggest that it might infringe, third-party rights and interests.
(iii) In connection with games created by the User, the User shall not provide computer viruses or other harmful programs (including spamming).
(iv) Game created by the User do not violate laws, regulations, and public order and morals.
(v) There is no possibility of otherwise breaching the foregoing.
Copyright to games created by the User with the Software is vested in the User. The Company assumes no responsibility for the contents of games created by the User and any issues arising in connection with their posting or distribution via video media.
2. Of the games created by the User using the Software, copyright and other rights in any new content created by the User shall vest in the User to the extent such rights are established. However, rights in content provided by the Company and in portions for which a third party with legitimate authority holds copyright or other intellectual property rights shall not be transferred to the User. The User is responsible for the content of games created by the User and for the publication and distribution of such content in video media and other formats. The Company’s liability for damages shall be governed by Article 10.
3. The User shall announce or display the following matters when distributing their games.
(i) Indicate, at a place visible to game users, that the game was created with the Software (e.g., " SMILE GAME BUILDER was used to create this software").
(ii) Include the following notice regarding the Software.
● Notice: "©2016 SmileBoom Co. Ltd."
4. There are no particular restrictions on the distribution of games created by the User with the Software, provided that the distribution conditions specified in paragraph 1 are met. Their distribution, whether on a chargeable or non-chargeable basis, shall not require the User to pay royalties to the Company. The Company's liability for damages is governed by Article 10.
5. The User is free to distribute games created with the Downloaded Content so long as the User complies with the license terms. The Company assume no responsibility for any issues arising in connection with their distribution. The Company's liability for damages is governed by Article 10.
Article 8. Use, distribution, and rights of add-ons
1. Users of the Software, the Company's product, may add or change features by incorporating the Company's add-on or the add-on provided by a third-party as an official product (hereinafter referred to as "the official add-on") into their user games. Additionally, the user may alter the official add-on only for use in the user game.
2. Official add-ons and modified official add-ons may be distributed together with user games created with the Company's products. However, distribution, sale, or release of official add-ons or modified versions by themselves is prohibited.
3. Add-ons created by the User or third parties, other than official add-ons, are referred to as "User Add-ons." The intellectual property rights to User Add-ons belong to their respective rights holders, and users shall independently verify and comply with the terms of use for such add-ons. Except as permitted by separate authorization or applicable laws, users may not reproduce, modify, distribute, sell, or redistribute User Add-ons. Users shall select and use User Add-ons, as well as modify official add-ons themselves, at their own risk and expense. Our liability for damages arising from the use of add-ons, including official add-ons, shall be governed by Article 10.
4. Users may integrate with external AI services through User Add-ons. In such cases, users shall independently verify and comply with the terms of use for such AI services, as well as the terms regarding the handling of input information and rights to generated content.
5. If an official add-on has separate license terms, its use and distribution shall be governed by those terms. If the software or an add-on utilizes a third-party SDK, library, or service, the terms of use established by such third party regarding its offerings shall apply, and the User shall comply with them. We do not guarantee the content, continuity, or availability of such third-party services. This section does not constitute an exemption from the prohibition on AI training, etc., set forth in Article 5, Paragraph 1, Item 4.
Article 9. Disclaimer
This Agreement does not warrant the operation of the Software. It does not warrant accuracy, reliability, or integrity as to the Use of the Software or the results thereof, either. Please note that if any trouble occurs, prompt actions, such as modification and repair, cannot be taken. In addition, we may perform software updates, add features, make changes or deletions, or correct bugs for reasons such as quality improvement or other reasons; however, we do not guarantee that such actions will be implemented or that previous specifications or compatibility will be maintained.
Article 10. Compensation for Damages
1. The Company shall be liable to compensate the User for any damages incurred in connection with the use or inability to use the Software only if such damages are attributable to causes for which the Company is responsible.
2. The Company's liability under the preceding paragraph shall be limited to actual, ordinary, and direct damages incurred by the User, except in cases of willful misconduct or gross negligence on the part of the Company, and the total amount of such liability shall not exceed the price actually paid by the User upon purchase of the Software.
3. The limitations on our liability set forth in other provisions of this Agreement shall not apply in cases of our willful misconduct or gross negligence; in all other cases, such limitations shall be governed by the provisions of this Article.
Article 11. Refund of purchase price
In principle, the Company does not refund the purchase price of the Software, except in cases where repayment is required by law. However, if the terms of use of the online store from which the User purchased the Software specify otherwise, such terms shall apply.
Article 12. Termination of the Agreement and Post-Termination Procedures
1. The User may terminate this Agreement by ceasing use of the Software and deleting the content provided by the Company in accordance with this Article. If this Agreement is terminated due to cancellation or any other cause, the User must cease using the Software and must delete all Software-related files and files created with the Software from all its storage media and leased servers, all Software, various materials, and other content provided by the Company—whether held individually or within project data—as well as any files created or obtained in violation of this Agreement. This provision does not apply to User games that were lawfully created prior to the termination of this Agreement and distributed as published games.
2. With respect to the published games referred to in the preceding paragraph, the Company grants permission for their continued distribution even after the termination of this Agreement, provided that the conditions set forth in Article 7 and other applicable distribution terms are met. This permission includes modifications necessary to correct defects in the game and the distribution of modified versions; however, it does not include the creation of new works, the addition of new features or new assets, or the right to use the Software itself.
3. The preceding two paragraphs do not preclude us from requesting the correction, removal, or suspension of distribution of games or content related to the violation pursuant to Article 5, Paragraph 3. The permission set forth in the preceding paragraph shall continue to apply to lawful publicly released games that are unrelated to the violation.
Article 13. Jurisdiction
With regard to any dispute arising in connection with the Use of the Software and the interpretation and performance of this Agreement, the laws of Japan shall apply and the Sapporo District Court shall have exclusive jurisdiction as the court of first instance.
Article 14. Amendment
The Company amend the terms of this Agreement in accordance with applicable laws and regulations if we deem it necessary. In the event of such an amendment, we will notify you of the amendment, the terms of the amended Agreement, and the effective date by posting the information on our website or through other appropriate means prior to the effective date. The amended Agreement will take effect on the effective date.
Article 15 Exceptions for Trial Version
1. No Downloadable Content is available for the Trial Version.
2. For the Trial Version, while the User may modify the Materials contained in the Software, secondary distribution of such modified data is prohibited and the provision of Article 6 covering secondary distribution will not apply.
3. For the Trial Version, distribution or marketing of any games created by the User through the Use of the Software is prohibited and the provisions of Article 7, Paragraphs 1 and Paragraphs 3 through 5 will not apply.
4. The Trial Version is not subject to Article 11 (Refund of Purchase Price).
Article 16 End of Support
Provision of support for Exporter for Unity shall end with “Unity 2022 LTS” and further treatment such as providing modified versions therefor will be subject to the decision of the Company .
Article 17. Language
This Agreement is made in Japanese, and a translation into English or any other language of this Agreement is nothing more than a translation. If there is any discrepancy in the interpretation of the Japanese and English or other languages of this Agreement, the Japanese interpretation shall prevail.
Article 18. Exclusion of Antisocial Forces
Users shall not be members of organized crime groups, organized crime group members, or other similar antisocial forces, nor shall they utilize such groups or individuals. Furthermore, users shall not, either directly or through a third party, make violent demands, make unreasonable demands exceeding our legal liability, issue threats, commit acts of violence, or interfere with our business operations. We may terminate this Agreement with any user who violates this Article without prior notice.
Article 19. Survival
Even after the termination of this Agreement, Article 4, those provisions of Article 5, Paragraph 1 regarding the Content provided by the Company that is retained or used after termination, Paragraphs 2 and 3 of the same Article, Article 7, Paragraph 2, Article 9, Articles 10 through 13, Article 17, and this Article shall remain in effect in accordance with their respective nature. The applicable terms of use and distribution conditions set forth in Articles 6 through 8 shall also apply to continued distribution pursuant to Article 12, Paragraph 2.
This Agreement constitutes an agreement between a user of SMILE GAME BUILDER and SmileBoom Co. Ltd. (hereinafter referred to as "the Company").
Prior to the purchase or initial download of the software, the Company displays a notice stating that this Agreement applies to the use of the software and provide a link to this Agreement on the product page, purchase page, download page, and other screens related to the sale or provision of the software. If a person who uses and operates the Software (hereinafter referred to as the "User") downloads, installs, launches, or uses the Software after the aforementioned notice has been displayed, this Agreement shall constitute the terms of the agreement between the User and the Company regarding the use of the Software. If the User does not agree to this Agreement, the User may not download, install, launch, or use the Software. Any amendments to this Agreement shall be governed by the provisions of Article 14.
For the Trial Version, see Article 15 (Exceptions for Trial Version).
Article 1. Definition
As used in this Agreement, the following terms have the following meanings.
(1) "Software" refers to programs provided by the Company, related files, storage media and media containing such programs, and specifications, descriptions, procedures, manuals and any other documentation related to such tools and programs.
(2) "Downloaded Content (DLC)" refers to the additional content which the User downloads via Steam and uses in SMILE GAME BUILDER.
(3) "Add-on" refers to programs, plug-ins, scripts, libraries, templates, additional data, and other similar content provided to extend, modify, or supplement the functionality of software.
(4) "Use of the Software" refers to downloading and installing the Software on a personal computer or other device and operating it in one way or another. Alternatively, it refers to using specifications, descriptions, procedures, manuals, and any other documentation related to the Software.
(5) "User Game" refers to a game created by a user using the Software, the Company's product.
(6) "Content Provided by the Company" refers to software, various materials, downloadable content, add-ons provided by the Company or third parties authorized by the Company, and any modifications thereto.
(7) "AI Services" refers to software or services that use machine learning or other artificial intelligence technologies to analyze or convert input information, generate content, or perform similar functions.
(8) "AI Training, etc." refers to basic training, additional training, fine-tuning, LoRA, and other model adjustments; model evaluation or improvement; the creation of training datasets; the creation of RAG corpora or vector databases; and other similar uses, excluding normal inference processing.
(9) "Project Data" refers to data used for the creation or editing of User games that contain content provided by the Company in a form that allows for its extraction or reuse.
(10) "Published Games" refers to User games (including those in the preparatory stages for distribution) in executable or similar formats from which content provided by the Company cannot be extracted or reused as source material through normal means of use.
Article 2. Granting of a license
The Company grants the User a non-exclusive and non-sublicensable license to use the Software in accordance with the usage conditions stipulated in this Agreement. The User may not assign its license regarding the Use of the Software to a third party.
Article 3. Basic matters
This Agreement specifies conditions concerning the granting by the Company to the User of a license regarding the Use of the Software in its capacity as the copyright holder or a licensor authorized by lawful right holders, and the User's use of the Software. In all circumstances, the terms of this Agreement apply to conditions concerning the Use of the Software as between the Company and the User.
Article 4. Intellectual property rights
Copyright and other intellectual property rights to the Software are vested in the Company or lawful third parties.
Article 5. Prohibition
1. The User may not conduct the following acts without the Company's approval.
(1) The User may not reproduce, adapt, alter, sell, loan or otherwise distribute, enable for transmission, put to public transmission, sublicense, make commercial use of the Software, or perform similar acts without obtaining licenses from the Company and lawful right holders, except as permitted under this Agreement.
(2) The User may not reverse-engineer, decompile, or disassemble the Software. The Software may not be disassembled for source code analysis. In addition, users may not remove or circumvent encryption, obfuscation, or other technical protections.
(3) The Software may not be exported, re-exported, or transferred to a third party in violation of laws and regulations.
(4) The User may not, without the Company's prior written consent, use the content provided by the Company for AI training or similar purposes; provide the Content to third parties for such purposes; or create or provide to third parties any datasets, models, weights, embeddings, RAG databases, or other deliverables that include the content provided by the Company or that enable the extraction or reproduction of such content.
(5) The User may not use the AI Service for the purpose of generating content that reproduces or imitates the content provided by the Company or its creative expressions, or for providing such content to third parties as a substitute for the content provided by the Company. However, this restriction does not apply to uses expressly permitted under Article 6. This exception does not apply to the prohibition on AI training, etc., set forth in the preceding paragraph.
(6) In addition to the provisions set forth in the preceding paragraphs, the User may not use the Software or the content provided by the Company beyond the scope expressly permitted in this Agreement or in the Terms of Use separately established by the Company.
2. If the User causes damage to the Company due to a breach of this Agreement attributable to the User or an infringement of intellectual property rights related to the Software, the User shall be obligated to compensate the Company for such damage. The scope of compensation shall be in accordance with the Civil Code and other applicable laws and regulations, and shall include reasonably necessary dispute resolution costs, such as attorneys' fees.
3. In the event of a breach of this Agreement by the User, regardless of whether damages have actually occurred, the Company may require the User, to the extent necessary based on the nature and severity of the breach, to remedy the breach, remove the breaching portion, or suspend distribution of the game or content related to such breach. If there is an urgent need to prevent infringement of rights, the distribution of harmful programs, or other serious harm to third parties, the Company may immediately require the suspension of distribution to the extent necessary.
4. If the User fails to remedy the breach within a reasonable period after being requested to do so, the Company may terminate this Agreement. However, this shall not apply if the breach is minor. In the event of a material breach that cannot be remedied, or if it is clear that requesting a remedy will not result in a remedy sufficient to achieve the purpose of this Agreement, the Company may terminate this Agreement immediately without prior notice.
Article 6. Use of the assets
1. The User may use, free of charge, 3D model data, graphics and sounds contained in the Software, and model data etc. generated by Software functions (hereinafter referred to as the "Assets").
2. The Assets from a product or tool manufactured by the Company may be used in another product or tool manufactured by the Company. However, the Company does not warrant Assets compatibility between the products and the tools.
3. The use of various Assets other than game creation software manufactured by the Company is prohibited. However, this shall not preclude the modification of images, 3D models, audio, or similar content using general-purpose editing tools for the purposes of use permitted under this Article, nor shall it preclude the uses specified in Paragraph 6 and Paragraphs 8 through 10.
4. Assets data contained in the Software may not be distributed as-is as standalone assets, whether on a chargeable or non-chargeable basis.
5. The User may make and use its own altered versions of the Assets, but such use is limited to inside products and tools manufactured by the Company. However, this does not apply to the editing of materials permitted in the preceding paragraphs or to the cases specified in Paragraph 6 and Paragraphs 8 through 10.
6. The Assets may be modified and used for the purpose of introducing work produced by the user on the user's own blog, social media, promotional videos, and so on. In addition, the User may distribute modified materials free of charge—not limited to the purpose of introducing their works—provided they are authorized license holders of RPG Developer Bakin or SMILE GAME BUILDER. In such cases, users must clearly indicate that the original works from which the materials were derived are the intellectual property of the Company, present the terms of use set forth in this section to the recipients, and obtain their consent to use the materials in accordance with those terms. The same applies to any materials processed using the AI service in accordance with Paragraph 9. It is prohibited to sell modified materials as a collection, to use them commercially—whether for a fee or free of charge—as individual items, or to distribute them as individual items to third parties other than the aforementioned authorized license holders. This prohibition does not apply to the distribution of games, whether for a fee or free of charge, in accordance with Article 7.
7. The Downloaded Content is governed by separate license terms. Unless these license terms explicitly permit the use of such DLC for AI training or similar purposes, this section does not exempt the user from the prohibition on AI training or similar activities set forth in Article 5, Paragraph 1, Item 4.
8. The User may use AI-generated works or AI-processed works—provided they hold the necessary rights or have obtained the necessary licenses—in the creation and distribution of their own games.
9. When using content provided by the Company for ordinary inference, conversion, or processing via an AI service, the User must confirm that the provider of said AI service will not use the input information for purposes other than AI training, model improvement, or other such processing, and will not provide it to third parties beyond the scope necessary to perform said processing. The User may not input content provided by the Company into any AI service for which such confirmation cannot be obtained.
10. The User may incorporate lawfully created AI-generated works or AI-processed works into a published game and distribute them. However, the User may not distribute content provided by the Company or its processed versions on their own (excluding the distribution of modified materials that meet the conditions of Paragraph 6), nor may they provide project data to third parties.
11. When using AI services and AI-generated works, the User shall handle the necessary rights clearance themselves, confirm the applicable laws and regulations as well as the terms of use for the AI services, and use them in accordance with these requirements. The Company does not guarantee that AI-generated works do not infringe on third-party rights or that they constitute original works.
Article 7. Rights to created games, their distribution, etc.
1. The User is to distribute their games with all of the following conditions satisfied.
(i) The User is a lawful license holder of the Software. However, this does not apply to continued distribution under Article 12, Paragraph 2.
(ii) Games created by the User do not infringe, and there are no specific and reasonable grounds to suggest that it might infringe, third-party rights and interests.
(iii) In connection with games created by the User, the User shall not provide computer viruses or other harmful programs (including spamming).
(iv) Game created by the User do not violate laws, regulations, and public order and morals.
(v) There is no possibility of otherwise breaching the foregoing.
Copyright to games created by the User with the Software is vested in the User. The Company assumes no responsibility for the contents of games created by the User and any issues arising in connection with their posting or distribution via video media.
2. Of the games created by the User using the Software, copyright and other rights in any new content created by the User shall vest in the User to the extent such rights are established. However, rights in content provided by the Company and in portions for which a third party with legitimate authority holds copyright or other intellectual property rights shall not be transferred to the User. The User is responsible for the content of games created by the User and for the publication and distribution of such content in video media and other formats. The Company’s liability for damages shall be governed by Article 10.
3. The User shall announce or display the following matters when distributing their games.
(i) Indicate, at a place visible to game users, that the game was created with the Software (e.g., " SMILE GAME BUILDER was used to create this software").
(ii) Include the following notice regarding the Software.
● Notice: "©2016 SmileBoom Co. Ltd."
4. There are no particular restrictions on the distribution of games created by the User with the Software, provided that the distribution conditions specified in paragraph 1 are met. Their distribution, whether on a chargeable or non-chargeable basis, shall not require the User to pay royalties to the Company. The Company's liability for damages is governed by Article 10.
5. The User is free to distribute games created with the Downloaded Content so long as the User complies with the license terms. The Company assume no responsibility for any issues arising in connection with their distribution. The Company's liability for damages is governed by Article 10.
Article 8. Use, distribution, and rights of add-ons
1. Users of the Software, the Company's product, may add or change features by incorporating the Company's add-on or the add-on provided by a third-party as an official product (hereinafter referred to as "the official add-on") into their user games. Additionally, the user may alter the official add-on only for use in the user game.
2. Official add-ons and modified official add-ons may be distributed together with user games created with the Company's products. However, distribution, sale, or release of official add-ons or modified versions by themselves is prohibited.
3. Add-ons created by the User or third parties, other than official add-ons, are referred to as "User Add-ons." The intellectual property rights to User Add-ons belong to their respective rights holders, and users shall independently verify and comply with the terms of use for such add-ons. Except as permitted by separate authorization or applicable laws, users may not reproduce, modify, distribute, sell, or redistribute User Add-ons. Users shall select and use User Add-ons, as well as modify official add-ons themselves, at their own risk and expense. Our liability for damages arising from the use of add-ons, including official add-ons, shall be governed by Article 10.
4. Users may integrate with external AI services through User Add-ons. In such cases, users shall independently verify and comply with the terms of use for such AI services, as well as the terms regarding the handling of input information and rights to generated content.
5. If an official add-on has separate license terms, its use and distribution shall be governed by those terms. If the software or an add-on utilizes a third-party SDK, library, or service, the terms of use established by such third party regarding its offerings shall apply, and the User shall comply with them. We do not guarantee the content, continuity, or availability of such third-party services. This section does not constitute an exemption from the prohibition on AI training, etc., set forth in Article 5, Paragraph 1, Item 4.
Article 9. Disclaimer
This Agreement does not warrant the operation of the Software. It does not warrant accuracy, reliability, or integrity as to the Use of the Software or the results thereof, either. Please note that if any trouble occurs, prompt actions, such as modification and repair, cannot be taken. In addition, we may perform software updates, add features, make changes or deletions, or correct bugs for reasons such as quality improvement or other reasons; however, we do not guarantee that such actions will be implemented or that previous specifications or compatibility will be maintained.
Article 10. Compensation for Damages
1. The Company shall be liable to compensate the User for any damages incurred in connection with the use or inability to use the Software only if such damages are attributable to causes for which the Company is responsible.
2. The Company's liability under the preceding paragraph shall be limited to actual, ordinary, and direct damages incurred by the User, except in cases of willful misconduct or gross negligence on the part of the Company, and the total amount of such liability shall not exceed the price actually paid by the User upon purchase of the Software.
3. The limitations on our liability set forth in other provisions of this Agreement shall not apply in cases of our willful misconduct or gross negligence; in all other cases, such limitations shall be governed by the provisions of this Article.
Article 11. Refund of purchase price
In principle, the Company does not refund the purchase price of the Software, except in cases where repayment is required by law. However, if the terms of use of the online store from which the User purchased the Software specify otherwise, such terms shall apply.
Article 12. Termination of the Agreement and Post-Termination Procedures
1. The User may terminate this Agreement by ceasing use of the Software and deleting the content provided by the Company in accordance with this Article. If this Agreement is terminated due to cancellation or any other cause, the User must cease using the Software and must delete all Software-related files and files created with the Software from all its storage media and leased servers, all Software, various materials, and other content provided by the Company—whether held individually or within project data—as well as any files created or obtained in violation of this Agreement. This provision does not apply to User games that were lawfully created prior to the termination of this Agreement and distributed as published games.
2. With respect to the published games referred to in the preceding paragraph, the Company grants permission for their continued distribution even after the termination of this Agreement, provided that the conditions set forth in Article 7 and other applicable distribution terms are met. This permission includes modifications necessary to correct defects in the game and the distribution of modified versions; however, it does not include the creation of new works, the addition of new features or new assets, or the right to use the Software itself.
3. The preceding two paragraphs do not preclude us from requesting the correction, removal, or suspension of distribution of games or content related to the violation pursuant to Article 5, Paragraph 3. The permission set forth in the preceding paragraph shall continue to apply to lawful publicly released games that are unrelated to the violation.
Article 13. Jurisdiction
With regard to any dispute arising in connection with the Use of the Software and the interpretation and performance of this Agreement, the laws of Japan shall apply and the Sapporo District Court shall have exclusive jurisdiction as the court of first instance.
Article 14. Amendment
The Company amend the terms of this Agreement in accordance with applicable laws and regulations if we deem it necessary. In the event of such an amendment, we will notify you of the amendment, the terms of the amended Agreement, and the effective date by posting the information on our website or through other appropriate means prior to the effective date. The amended Agreement will take effect on the effective date.
Article 15 Exceptions for Trial Version
1. No Downloadable Content is available for the Trial Version.
2. For the Trial Version, while the User may modify the Materials contained in the Software, secondary distribution of such modified data is prohibited and the provision of Article 6 covering secondary distribution will not apply.
3. For the Trial Version, distribution or marketing of any games created by the User through the Use of the Software is prohibited and the provisions of Article 7, Paragraphs 1 and Paragraphs 3 through 5 will not apply.
4. The Trial Version is not subject to Article 11 (Refund of Purchase Price).
Article 16 End of Support
Provision of support for Exporter for Unity shall end with “Unity 2022 LTS” and further treatment such as providing modified versions therefor will be subject to the decision of the Company .
Article 17. Language
This Agreement is made in Japanese, and a translation into English or any other language of this Agreement is nothing more than a translation. If there is any discrepancy in the interpretation of the Japanese and English or other languages of this Agreement, the Japanese interpretation shall prevail.
Article 18. Exclusion of Antisocial Forces
Users shall not be members of organized crime groups, organized crime group members, or other similar antisocial forces, nor shall they utilize such groups or individuals. Furthermore, users shall not, either directly or through a third party, make violent demands, make unreasonable demands exceeding our legal liability, issue threats, commit acts of violence, or interfere with our business operations. We may terminate this Agreement with any user who violates this Article without prior notice.
Article 19. Survival
Even after the termination of this Agreement, Article 4, those provisions of Article 5, Paragraph 1 regarding the Content provided by the Company that is retained or used after termination, Paragraphs 2 and 3 of the same Article, Article 7, Paragraph 2, Article 9, Articles 10 through 13, Article 17, and this Article shall remain in effect in accordance with their respective nature. The applicable terms of use and distribution conditions set forth in Articles 6 through 8 shall also apply to continued distribution pursuant to Article 12, Paragraph 2.