LAST UPDATED: 08/19/2017
1. ABOUT THIS DOCUMENT
This document (the “Agreement”) contains the necessary legal information applying to end users’ use of digital assets produced by XGASOFT, including access to software products as well as services.
We know that’s a mouthful and reading EULAs isn’t very exciting, but this is important. Please take your time to review and ensure you understand the terms of this document before proceeding to use XGASOFT products in your own work.
If you have any questions or concerns about the terms outlined in this document, please feel free to contact us at [email protected] or by visiting our Contact & Support page.
2.1 This Agreement is legally binding, and in order to download and use or otherwise participate in XGASOFT software and services, you must agree to the terms outlined in this document. If you do not agree, do not download, use, or otherwise participate in XGASOFT software and services.
2.2 In order to accept this Agreement, you must be at least eighteen (18) years of age or whatever age is of legal majority in your country. If this legal age requirement is not met, you must obtain your parent’s or legal guardian’s approval and acceptance of this Agreement in your stead. Obtaining this approval is your responsibility, and XGASOFT accepts no liability for failure to do so.
3. STANDARD CUSTOMER LICENSE
3.1 The person, company, or other legal entity (you, the “Customer”) receiving digital products and services offered by XGASOFT (“XGASOFT Property”) through standard marketing channels is granted a worldwide, revocable, non-exclusive, non-transferable, and perpetual license to download, embed, and modify for their own purposes XGASOFT Property solely for use in the creation of, or integration with electronic applications and other interactive media, including both commercial and non-commercial purposes strictly in accordance with the terms of this Agreement.
3.2 This Agreement does not create any exclusive relationship between XGASOFT and the Customer, nor any legal partnership, joint venture, or employer/employee relationship.
3.3 XGASOFT Property is provided on an “as is” basis.
4. PATREON SUPPORTER LICENSE
4.1 The person, company, or other legal entity (you, the “Customer”) receiving digital products and services offered by XGASOFT (“XGASOFT Property”) as a reward for contributions made through Patreon (Patreon, Inc.) is granted a worldwide, revocable, non-exclusive, non-transferable license to download, embed, and modify for their own purposes XGASOFT Property solely for use in the creation of, or integration with electronic applications and other interactive media, including both commercial and non-commercial purposes strictly in accordance with the terms of this Agreement, for the duration of the Customer’s subscription as a regular donor to XGASOFT through Patreon.
4.2 XGASOFT Property obtained as a reward for donations on Patreon are licensed only for the duration of the Customer’s subscription to regular donations of the contribution tier required to obtain said assets and services. In the event the Customer cancels or reduces their contribution amount to a lower tier not qualifying for the assets and services the Customer has obtained, this license will be considered revoked and void for any and all public and/or commercial activities. In order to continue using XGASOFT Property publicly without a Patreon subscription, the Customer must purchase a separate standard license.
4.3 The preceding limitation shall not be applied retroactively, so that any existing, complete, and publicly available commercial and non-commercial properties using XGASOFT Property will not be considered in violation of this agreement.
4.4 This Agreement does not create any exclusive relationship between XGASOFT and the Customer, nor any legal partnership, joint venture, or employer/employee relationship.
4.5 XGASOFT Property is provided on an “as is” basis.
5. LICENSE FEE
5.1 Fees are determined for each product and service on a case-by-case basis, and XGASOFT reserves the right to change fees on XGASOFT Property with or without prior notice.
5.2 XGASOFT may rely on authorized third-party institutions to process and collect license fees of the amount agreed upon with the third-party, in addition to any applicable foreign and domestic taxes.
5.3 By engaging in doing business with authorized third-party institutions, the Customer must agree to any separate End-User License Agreements (“EULAs”) required by the third-party. Furthermore, the Customer acknowledges and agrees that XGASOFT is not responsible for the practices, behaviors, or agreements of any third-party.
6.1 XGASOFT grants the Customer license to modify, or alter the functionality of, XGASOFT Property as source code and assets exclusively for the Customer’s own use, solely for the creation of, or integration with electronic applications and other interactive media, including both commercial and non-commercial purposes strictly in accordance with the terms of this Agreement.
6.2 Modifying XGASOFT Property in accordance with the terms of this Agreement will not affect or terminate the Customer’s license to use the Property, however XGASOFT cannot guarantee the quality and functionality of modified versions of the Property, nor its compatibility with other XGASOFT Property.
6.3 By modifying the Property, the Customer acknowledges this and agrees to not hold responsible XGASOFT for any loss or damage incurred by the modified Property.
6.4 Furthermore, the Customer acknowledges and agrees that addition of modifications to the original Property in no way represents a change of ownership of the Property, and that XGASOFT shall retain ownership of all intellectual property rights associated to the Property, modified and unmodified.
6.5 XGASOFT makes no guarantee to offer technical support to the Customer for modified versions of XGASOFT Property.
As part of this licensing agreement, Customer agrees not to, and will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit XGASOFT Property in its original form as source code and assets or make the Property available to any third party in its original form, excluding collaborators on an individual product incorporating XGASOFT Property.
- in any way redistribute as source code and assets modified forms of XGASOFT Property, which are permitted exclusively for the Customer’s own use, excluding collaborators on an individual product incorporating XGASOFT Property.
- reverse engineer XGASOFT Property for the purpose of creating commercial electronic assets and services which may be in competition with XGASOFT.
- disable, circumvent, or otherwise interfere with security or content usage functionality (such as, but not limited to, digital rights management) in or related to XGASOFT Property.
- remove, alter, or otherwise attempt to obscure XGASOFT copyrights, trademarks, or other proprietary notices in or related to XGASOFT Property.
8.1 XGASOFT Property is licensed, not sold. This license is extended only to the Customer as an individual or legal entity via authorized means for authorized purposes. This license cannot be transferred or extended to additional recipients.
8.2 Multiple users may, however, have access to a single license of XGASOFT Property when acting as collaborators on an individual product incorporating XGASOFT Property. In this case, only the original licensee retains authorization to their license, and collaborators may not copy or otherwise redistribute the Property for their own uses unrelated to the original licensee.
8.3 All title and intellectual property rights in and relating to the Property (including but not limited to any copyright, trademarks, service marks, brand names, logos, software, images, animations, graphics, video, audio, music, performance rights, mechanical rights, synchronization rights, text, and tutorials), and any copies of the Property are owned by XGASOFT. All rights not expressly granted are reserved by XGASOFT.
As part of this agreement, both XGASOFT and the Customer agree to hold confidential and secure any sensitive information disclosed by either party, and to not disclose sensitive information with any third party except when required by law.
10.1 The Customer acknowledges and agrees that XGASOFT will not be liable for any loss or damage arising out of or resulting from the Customer’s usage of XGASOFT Property as outlined by this Agreement.
10.2 The Customer hereby agrees to indemnify and hold harmless XGASOFT, its employees, and agents from and against any and all claims (including third party claims), demands, actions, lawsuits, expenses (including attorney’s fees) and damages (including indirect or consequential loss) resulting in any way from the Customer’s use or reliance on XGASOFT Property, any breach of terms of this Agreement, or any other act of the Customer.
10.3 This limitation will survive and apply even in the event of termination of this Agreement.
Any failure or delay by either XGASOFT or the Customer to exercise any right, power or privilege, or to actively enforce or seek enforcement of the terms of this Agreement shall not be construed as a waiver for the other party to supersede the terms outlined in this Agreement.
12. TERM AND TERMINATION
12.1 This Agreement shall remain in effect until terminated by the Customer or XGASOFT.
12.2 XGASOFT may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
12.3 This Agreement will terminate immediately, without prior notice from XGASOFT, in the event that the Customer fails to comply with any provision of this Agreement.
12.4 Upon termination of this Agreement, the Customer shall cease all use of the Property and delete all copies of the Property from their electronic devices.
12.5 In cases of force majeure (including, but not limited to, natural disasters, technological failures, acts of God, war or terrorist activity, civil unrest, or malicious damage), obligations to fulfill the Agreement outlined in this document shall be suspended until such time has passed and both parties are reasonably capable of fulfilling the Agreement.
13. CHANGES TO THIS AGREEMENT
XGASOFT reserves the right to modify, suspend or discontinue, temporarily or permanently, the Property or any service to which it connects, with or without notice and without liability to the Customer.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15. GOVERNING LAW AND JURISDICTION
Both XGASOFT and the Customer agree that this Agreement shall be governed by and interpreted according to the laws of the United States of America and the State of Kansas, and that any dispute regarding this Agreement shall be heard by the courts thereof.
This document contains the whole agreement between XGASOFT and the Customer relating to the Property and licenses thereof and supersedes all prior Agreements, arrangements and understandings between both parties regarding XGASOFT Property and licenses.