Game Editor 1.4.0

EULA - End User License Agreement

1. LICENSE AGREEMENT

This sets forth the entire agreement between http://game-editor.com ("Licensor") and You ("Licensee") relating to the use of the Game Editor and the games made with Game Editor. The game made by you must fall in one of the sections 2, 3, 4 or 5 bellow.

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2. GAME EDITOR LICENSE FOR GPL GAMES

Game Editor is 100 percent open source licensed under the GPL v3 terms. If your game is also 100 percent open source and licensed under GPL v3, then you never have to pay us for the licenses. Just get the source code and have fun!

When your game is not licensed under the GPL v3, you must first obtain a license to use Game Editor as defined in the sections below.

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3. GAME EDITOR LICENSE FOR FREE (NON COMMERCIAL) GAMES

If you will not charge for your game, you can just download Game Editor binary files at http://game-editor.com/Download and use it.
You can't sell any games by using this license and must show the Game Editor splash screen.

This licence does not include the costs of the SDL library used in the Game Editor.
You must contact the Galaxy Game Works at http://www.galaxygameworks.com for more info.

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4. GAME EDITOR EXPRESS COMMERCIAL LICENSE

You can just download Game Editor binary files at http://game-editor.com/Download and use it.
You may publicly sell, distribute, release, publish, transmit and/or exploit any Games created by using this license and have the Games published in any channel by any publisher with no royalties.
Each created game using this license must show the Game Editor splash screen.
Licensor grants Licensee a single "seat" to an individual or company.

For price info, visit the online purchase page at http://game-editor.com/Buy

This licence does not include the costs of the SDL library used in the Game Editor.
You must contact the Galaxy Game Works at http://www.galaxygameworks.com for more info.

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5. GAME EDITOR PROFESSIONAL COMMERCIAL LICENSE
The Game Editor Professional License is intended to be used for games that aren't free or GPL and don't will show any Game Editor splash screen.
You may publicly sell, distribute, release, publish, transmit and/or exploit any Games created by using this license and have the Games published in any channel by any publisher with no royalties.
You must use the Game Editor available at http://game-editor.com/Download to develop the game.
In order to get the game without the splash screen, you must send the levels of the game to us to the address submit@game-editor.com. You must use the same email address used to buy the license and send the name of the game being will be published.
Licensor grants Licensee a single "seat" to an individual or company.

For price info, visit the online purchase page at http://game-editor.com/Buy

This licence does not include the costs of the SDL library used in the Game Editor.
You must contact the Galaxy Game Works at http://www.galaxygameworks.com for more info.

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6. REFUND POLICY

Game Editor is available to anyone thats want to create, test and export games to all supported platforms at http://game-editor.com/Download .
Due this fact, the Game Editor licenses are not refundable.

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7. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if you breach any of its terms and conditions.

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8. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OR GUARANTEED UPDATES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

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9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. THE LICENSOR CLAIMS THERE ARE GAMES MADE IN GAME EDITOR PUBLISHED AT APPLE APP STORE. THE LICENSOR IS NOT RESPONSIBLE FOR ANY CHANGE ON THE APPLE POLICY THAT'S CAN PREVENT GAMES MADE WITH GAME EDITOR TO BE INCLUDED IN THE APP STORE OR REMOVE ALREADY PUBLISHED GAMES. THE LICENSOR IS NOT RESPONSIBLE FOR ANY CHANGE BY APPLE TO PREVENT OR REMOVE GAMES MADE IN GAME EDITOR IN THE APP STORE. THE LICENSOR IS NOT RESPONSIBLE FOR ANY GAME CODE LEAK DUE REVERSE ENGINEER OF THE GAME.

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10. LICENSEE'S REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, 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 Games 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. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.
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11. MISCELLANEOUS.
This Agreement shall be governed by the laws of the country of Brazil, excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Brazil, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and You is that of independent contractors and neither you nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.