End User License Agreement
VISUAL NOVEL MAKER End User License Agreement
April 13th, 2018
IMPORTANT, READ CAREFULLY.
THIS END USER LICENSE AGREEMENT (THE "AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END-USER (THE "LICENSEE”) AND DEGICA, CO. LTD.( "DEGICA” OR "LICENSOR”) BY INSTALLING OR USING "VISUAL NOVEL MAKER” (THE "SOFTWARE”), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER.
1. User registration
Registration is automatic at Visual Novel Maker purchase via the official store or one of our recognized distributors. In some cases, you may be asked to provide a proof of purchase – such as order number, e-mail, address or receipt. Limited to support needs, Licensee shall promptly provide required information as a user of the Software. Licensor will provide support, via on-line basis and only the scope designated by Licensor, to the Licensee who completed the registration process in accordance with Licensor’s direction. Such support shall be provided on "as-is” basis without any warranty in any manner.
DEGICA grants to Licensee a non-exclusive, non-assignable license to use the Software and the Resources included in it (“Standard Asset Resource”, or “StAR”) by only one (1) individual by installing the Software to make original game (“User Game”). Licensee may install VISUAL NOVEL MAKER on up to three (3) private-access devices (computers, laptops, tablets, and other devices that allow for use of VISUAL NOVEL MAKER), as long as the Licensee is the only individual with access to and using VISUAL NOVEL MAKER.
3. Distribution rights
Licensee may, at its sole discretion and its own risk, lend, give, public or private showing, public or private sharing, for free or commercially (“distribute”) the User Game originally created by Licensee by utilizing the Software as long as it fulfill the conditions in the addendum.
Licensee shall not reverse engineer, decompile, or disassemble the Software.
Further, Licensee shall not sell, assign, lease, sublicense, encumber, or otherwise transfer the Software without the written consent of DEGICA.
This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon termination of this Agreement, Licensee shall cease using the Software, shall delete the Software and Game from its computers and shall either return to DEGICA or destroy the Software. If Licensee elects to destroy the Software, then Licensee shall certify in writing to DEGICA the destruction of the Software.
DEGICA 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.
User Game (excluding the Software and StAR) and any resources created by the licensee remain the property of the licensee or the resource creator.
7. Limited Warranties and Disclaimers.
DEGICA 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 operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.
DEGICA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE.
8. Liability Limitation
IN NO EVENT SHALL DEGICA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY 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. DEGICA’S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO DEGICA WITH RESPECT TO THIS AGREEMENT.
9. Modification to the Agreement, Etc.
The Company may modify the Agreement, etc. without the User’s consent. In such cases, the Company shall officially announce the modifications on its official website no earlier than one month prior to the date the changes are to take effect. The modified Agreement, etc. shall come into force from the date specified on the Company’s official website.
10. Governing Law and Jurisdiction
This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District Court, Tokyo, Japan.
Addendum: Distribution Condition
1.Conditions to distribution
a. User can create, or distribute their original User Game using the Product only if they meet all the following conditions:
i. Licensee who properly completed the user registration
ii. User Game shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights.
iii. User Game does not include or behave like a computer virus, or is used as a mean to distribute a computer virus
iv. User game does not violate any laws, rules, regulation, morals or ethics
v. Any other inappropriate usage as decided by Degica
b. 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.
2.Usage of StAR
StAR (Standard Asset Resources) are meant for use in Visual Novel Maker only. Material from Visual Novel Maker: StAR may be conditionally used with RPG Maker products as long as the user owns both Visual Novel and RPG Maker product licenses. This applies to both the resources themselves and the resource design.
a. StAR shall only be used in User Game created by the Software
b. Personal edits of material are allowed, only for use in Licensee’s original User Game
c. StAR may be packaged with User Game and distributed. StAR shall ONLY be distributed as part of User Game. StAR may not be shared with others via e-mail, file-hosting services or physical transfer (ex. By placing the material on a CD) – for free or for a price. Recreating Visual Novel Maker: StAR (Standard Asset Resources) in new styles is conditionally allowed, provided that the material is distributed with the same license.
d. Edited version of the StAR or recreation may ONLY be shared for FREE with other registered users of the Software.
3.Documentation and copyright
User Game must include the following documentation and copyright clearly accessible to User Game users (End User):
a. Documentation (readme file, help, or any similar file or place that the End User can readily access) shall include the fact that User Game was made with Visual Novel Maker
b. Documentation shall include the following copyright:
"[Copyright] ©2018 KADOKAWA CORPORATION ©2018 Degica"
c. End User shall not extract and distribute any licensed parts of the User Game (including but not limited to StAR, game engine…)
d. End User shall not extract and modify any licensed parts of the User Game
e. End User shall not extract and use in the own engine any part of the User Game