================================================================== YAL_EULA ver.2, friday July 1st, 2018 ================================================================== IMPORTANT. Read the following Software License Agreement (henceforth "Agreement") completely. By using the software, games, or assets (henceforth "Stuff"), you indicate that you accept the terms of the Agreement and you acknowledge that you have the authority, for yourself or on behalf of your company, to bind to these terms. You may then download or install the file(s). This EULA is freely provided for every Stuff prior to purchase and as such should not be considered a "Click-Wrap" agreement. If you do not agree to the terms in this Agreement, do not purchase or download the Stuff. A human-friendly summary follows. It is supplementary and provided for convenience to reduce verbosity, but does not replace the full text. Details have intentionally been left out of the summary for clarity, and the neglect to mention a detail, term or condition in the summary shall not be construed as removal of that detail from the terms and conditions. ================================================================== START OF THE HUMAN-READABLE SUMMARY. If you use Stuff created by Yal, you need to follow this license agreement. If you change your mind, you need to delete all the Stuff. 1: Definitions. 2: Games can be played but not resold, reposted or such. Assets can be used to create games, books, movies and such, but cannot be distributed in editable form. If one team member has a license to use Yal Stuff, the entire team can use it. 3: You can't change the license terms or license the use of Yal Stuff to someone else (with the exception of the team member clause in section 2). It's your responsibility to get licenses for IDEs and editors, even if Yal Stuff require those to function. 4: Some Yal Stuff may use open-source resources; those items maintain their original license and need to be handled properly. 5: It's your responsibility to get licenses for IDEs and editors, even if Yal Stuff require those to function. If the third-party tools does something bad, it's not Yal's fault. Don't get third-party tools in an external way. 6: If you patent a product made with Yal Stuff, you can't sue Yal or anyone else using Yal Stuff for patent infringement. 7: It's your responsibility to get licenses for assets and IPs used in your games and stuff, even if Yal Stuff uses them. 8: If you refund the Stuff, you promise to stop using it. If you or Yal breaks the licensing terms, the other party may end the agreement. 9: Support from Yal is optional and not guaranteed. 10: Yal Stuff is provided as-is and without warranty. Use at your own risk. 11: If you break this agreement, you can't blame Yal. 12: If Yal Stuff does something bad, you will at most be eligible to get the purchase price back, no matter how much damage it causes. 13: It's your responsibility to not break international laws. 14: Your itch.io account e-mail address will be processed for paperwork purposes, but I won't store the data or do anything stupid with it. 15: You can't use Yal Stuff with code that requires you to make your source code public, such as GPL-licensed software. 16: If you're going to take legal action against Yal, you need to do it in Sweden. 17: The Yal Stuff is confidental, so don't show it to people that don't have the right to use it. 18: You can't use Yal trademarks, logos or reputation. 19: This document is the entire agreement, all other previous documents (if any) are void and it's not possible to add any new terms to this agreement later. 20: If part of this agreement can't be enforced, it can be replaced with a part that can or fully removed, and the rest of it still holds either way. 21: If you break the terms and Yal doesn't do anything, that doesn't mean it's OK to keep breaking the terms. 22: Games and such made using Yal Stuff is considered to be derivative of Yal Stuff, not each other. 23: If you break the licensing terms, you can't use "I didn't understand the licensing terms" as a legal defense. 24: This agreement doesn't imply any business association, both sides are independent of each other. 25: Neither side may transfer this agreement to someone else unless the other side thinks it's OK to do that. END OF THE HUMAN-READABLE SUMMARY. ================================================================== YAL STUFF END-USER LICENSE AGREEMENT This is a legal agreement between you, as an authorized representative of your employer, or if you have no employer, as an individual (together "you"), and Anders Wildros, Yal, yaru.itch.io, ("Yal") and their Affiliates. It concerns your rights to use the Stuff identified in the Software Content Register and provided to you in binary or source code form and any accompanying written materials (the "Licensed Stuff"). The Licensed Stuff may include any updates or error corrections or documentation relating to the Licensed Stuff provided to you by Yal under this License. In consideration for Yal allowing you to access the Licensed Stuff, you are agreeing to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, do not download or install the Licensed Stuff. If you change your mind later, stop using the Licensed Stuff and delete all copies of the Licensed Stuff in your possession or control. Any copies of the Licensed Software that you have already distributed, where permitted, and do not destroy will continue to be governed by this Agreement. Your prior use will also continue to be governed by this Agreement. 1. DEFINITIONS. 1.1. "Affiliates" means, any corporation or entity directly or indirectly controlled by, controlling, or under common control with Yal. 1.2. "Intellectual Property Rights" means any and all rights under statute, common law or equity in and under copyrights, trade secrets, and patents (including utility models), and analogous rights throughout the world, including any applications for and the right to apply for, any of the foregoing. 1.3. "Software Content Register" means the documentation accompanying the Licensed Stuff which identifies the contents of the Licensed Stuff, including but not limited to identification of any third party software. 2. LICENSE GRANT. 2.1. Executable Licensed Stuff (including, but not limited to, games and software, object code) is provided for personal and recreational use only. Unless otherwise noted, executable Licensed Stuff may not be used in commercial derived works. If source code for executable Licensed Stuff is provided, whether as part of the executable Licensed Stuff or as a separate product, that source code is resource Licensed Stuff. Rendering executable Licensed Stuff unable to execute, with means including but not limited to changing its file extension, revoking file system execute permissions, or removing essential system libraries, does not render the Licensed Stuff a resource Licensed Stuff. You may not translate, reverse engineer, decompile, or disassemble the executable Licensed Stuff except to the extent applicable law specifically prohibits such restriction. You must prohibit your affiliates from translating, reverse engineering, decompiling, or disassembling the executable Licensed Stuff, except to the extent applicable law specifically prohibits such restriction. 2.2. Resource Licensed Stuff (including, but not limited to, music, sound effects, source code and graphics) may be used to create derivative works, commercial and otherwise, provided the derivative work is in a non-resource form not intended to be further edited by its end user (including, but not limited to, game executable, digital or physical book, movie, software (machine-readable) object code). Credit to Yal within a derivative work is advisory but not mandatory. The rights to intellectual properties used in derivative works stay with their intellectual property rights holders. 2.3. Licensed Stuff not clearly classifiable as executable or resources (including, but not limited to, documents) is provided for personal and recreational use only. 2.4. Provided they uphold the terms and conditions in this Agreement, Licensed Stuff may be used by team members, subcontractors, employees and other such affiliates of the Licensee. This does not constitute a sublicensing or license transfer, and the rights for using Licensed Stuff are terminated when affiliation with the Licensee is terminated. This is not applied retroactively, thus any Derivative Works created before such termination retains the eligibility to use Licensed Stuff. 3. LICENSE LIMITATIONS AND RESTRICTIONS. 3.1. The Licensed Stuff is licensed to you, not sold. Title to Licensed Stuff delivered hereunder remains vested in Yal or Yal's licensor and cannot be assigned or transferred. You are expressly forbidden from selling or otherwise distributing the Licensed Stuff, or any portion thereof, except as expressly permitted herein. This Agreement does not grant to you any implied rights under any Yal or third party intellectual property. 3.2. Proprietary file format Licensed Stuff may be subject to further terms and conditions by the vendors of the software or other tools for editing such proprietary formats, including but not limited to restrictions on reverse-engineering, de-compiling, or disassembling the Stuff, or prohibition of usage of illegal, pornographic or violent material. Even under the fulfillment of this Agreement, such third-party Terms and conditions, including but not limited to terms and conditions that restrict usage of material, must be fulfilled by the User. 3.3. Licensed Stuff may not be used to manufacture, modify, or interact with weapons, including but not limited to firearms, explosives, turrets or munitions. 4. COPYLEFT. Copyleft and Open Source materials included in the Licensed Stuff is not licensed under the terms of this Agreement, but is instead licensed under the terms of the applicable open source license(s), such as the BSD License, Apache License or the GNU Lesser General Public License. Such items are annotated and separate licensing files are provided. Your use of the open source materials is subject to the terms of each applicable license. You must agree to the terms of each applicable license, or you cannot use the open source materials. 5. PROPRIETARY REQUIREMENTS. Licensed Stuff may be provided in proprietary formats, including but not limited to Game Maker Studio exported project file format. Yal is not obligated to provide non-proprietary versions of Licensed Stuff, and use of Licensed Stuff requires lawful possession of the proprietary tool, IDE, or licenses required to use such Licensed Stuff. Yal may not be held liable for damages arising due to use of third-party tools or IDEs manipulating or using Licensed Stuff, whether proprietary or otherwise. 6. PATENT COVENANT NOT TO SUE. As partial, material consideration for the rights granted to you under this Agreement, you covenant not to sue or otherwise assert your patents against Yal, a Yal Affiliate or subsidiary, or a Yal licensee of the Licensed Stuff for infringement of your Intellectual Property Rights by the manufacture, use, sale, offer for sale, importation or other disposition or promotion of the Licensed Stuff and/or any redistributed portions of the Licensed Stuff. 7. THIRD-PARTY LICENSES. You are solely responsible for obtaining licenses for any relevant third-party material for your use in connection with technology that you incorporate into the your product (whether as part of the Licensed Stuff or not), including but not limited to proprietary format file manipulation tools, storefront API licenses, and intellectual properties featured in derived works. 8. TERM AND TERMINATION. This Agreement will remain in effect unless terminated as provided in this Section 8. 8.1. User is considered to have terminated this Agreement immediately at the completion of an itch.io refund of the Licensed Stuff. 8.2. Either party may terminate this Agreement if the other party is in default of any of the terms and conditions of this Agreement, and termination is effective if the defaulting party fails to correct such default within 30 days after written notice thereof by the non-defaulting party to the defaulting party at the address below. 8.3. Notwithstanding the foregoing, Yal may terminate this Agreement immediately upon written notice if you: breach any of your confidentiality obligations or the license restrictions under this Agreement; become bankrupt, insolvent, or file a petition for bankruptcy or insolvency, make an assignment for the benefit of its creditors; enter proceedings for winding up or dissolution ;are dissolved; or are nationalized or become subject to the expropriation of all or substantially all of its business or assets. 8.4. Upon termination of this Agreement, all licenses granted under Section 2 will expire. 8.5. Notwithstanding the termination of this Agreement for any reason, the terms of Sections 1, 3, 5 through 25 will survive. 9. SUPPORT. Yal is not obligated to provide any support, upgrades or new releases of the Licensed Stuff under this Agreement. If you wish, you may contact Yal and report problems and provide suggestions regarding the Licensed Stuff. Yal has no obligation to respond to such a problem report or suggestion. Yal may make changes to the Licensed Stuff at any time, without any obligation to notify or provide updated versions of the Licensed Stuff to you. 10. NO WARRANTY. To the maximum extent permitted by law, Yal expressly disclaims any warranty for the Licensed Stuff. The Licensed Stuff is provided "AS IS", without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume the entire risk arising out of the use or performance of the licensed software, or any systems you design using the Licensed Stuff (if any). 11. INDEMNITY. You agree to fully defend and indemnify Yal from all claims, liabilities, and costs (including reasonable attorney's fees) related to (1) your use (including your contractors or distributee's use, if permitted) of the Licensed Stuff or (2) your violation of the terms and conditions of this Agreement. 12. LIMITATION OF LIABILITY. EXCLUDING LIABILITY FOR A BREACH OF SECTION 2 (LICENSE GRANTS), SECTION 3 (LICENSE LIMITATIONS AND RESTRICTIONS), SECTION 17 (CONFIDENTIAL INFORMATION), OR CLAIMS UNDER SECTION 11(INDEMNITY), IN NO EVENT WILL EITHER PARTY BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. YAL'S TOTAL LIABILITY FOR ALL COSTS, DAMAGES, CLAIMS, OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PRODUCT(S) SUPPLIED UNDER THIS AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO YAL IN CONNECTION WITH THE LICENSED STUFF TO WHICH LOSSES OR DAMAGES ARE CLAIMED. 13. EXPORT RESTRICTIONS. Licensed Stuff (collectively referred to as "items") is subject to the export control laws of the United States and other countries that may lawfully control the export of the Licensed Stuff. Furnishing support services with respect to Licensed Stuff that is controlled as defense or military items may also be subject to such laws. Accordingly, you agree you will not transfer the Licensed Stuff or furnish such services except in compliance with the export laws of the United States and any other country that may lawfully control the export of the Licensed Stuff or the provision of such services. You will indemnify and hold Yal harmless from any claims, liabilities, damages, penalties, forfeitures, and associated costs and expenses (including, but not limited to, attorneys' fees) that Yal may incur due to your non-compliance with applicable export laws, rules, and regulations. You will immediately notify Yal of any violation of any export law, rule, or regulation, which may affect Yal or relate to the activities covered under this Agreement. If an export or import license, permit, or other government required authority is required for transfer of the Licensed Stuff under this Agreement, and such authorization is not approved, then Yal is not obligated to proceed with the transfer until required government authorization is granted. 14. COMPLIANCE WITH GDPR In order to fulfill their obligations according to this Agreement, Yal may need to process credentials registered for the User's itch.io account by the user, including but not limited to e-mail addresses, for purposes including, but not limited to, processing payment and taxation data, and communication with the User for support and information purposes. This information will not be stored by Yal, and will not be used for any other purpose (including, but not limited to, advertising) without prior express consent by the User. The data handled in this way is anonymized and can not be used to obtain itch.io account information or other personal information. 15. SUBLICENSING UNDER GPL AND LGPL Derived works using Licensed Stuff may not be linked to or combined with works released under non-permissive copyleft licenses, including but not limited to GPL and LGPL, if such linking or combination would necessitate disclosure and release of Licensed Stuff in editable form, including but not limited to source code, under the terms of such licenses. 16. CHOICE OF LAW; VENUE. This Agreement will be governed by, construed, and enforced in accordance with the laws of the Kingdom of Sweden, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the Licensed Stuff, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts Stockholm, Sweden. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this document. 17. CONFIDENTIAL INFORMATION. Subject to the license grants and restrictions contained herein, you must treat the Licensed Stuff as confidential information and you agree to retain the Licensed Stuff in confidence perpetually, or for a period of five (5) years after the termination of this Agreement. 18. TRADEMARKS. You are not authorized to use any Yal trademarks, brand names, or logos, nor state, suggest or otherwise imply endorsement by Yal, including but not limited to in written media. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Yal regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, signed by you and Yal. 20. SEVERABILITY. If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or Yal of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision. 21. NO WAIVER. The waiver by Yal of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision. 22. MUTUAL ANCESTRY DERIVATION. For the purpose of determining ancestry of a derived work, all derived works created using Licensed Stuff are to be considered derived from the Licensed Stuff used in their original conception. Derived works are not to be considered derived from other derived works, whether by the same licensee or otherwise. Modifications made to Licensed Stuff in order to produce a derived work must be authorized by the intellectual property rights holders in possession of every intellectual property or license used within such modifications. 23. IGNORANCE OF TERMS. Failure to fully read or understand the terms in this Agreement is not to be considered valid grounds for failure to uphold them, except to the extent applicable law specifically prohibits such restriction. Consent to the Agreement is considered to explicitly state that the terms of the Agreement have been fully read and understood. 24. RELATIONSHIP OF THE PARTIES. The parties are independent contractors. Nothing in this Agreement will be construed to create any partnership, joint venture, or similar relationship. Neither party is authorized to bind the other to any obligations with third parties. 25. SUCCESSION AND ASSIGNMENT. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns. Neither party may assign this Agreement, or any part of this Agreement, without the prior written approval of the other party, which approval will not be unreasonably withheld or delayed. THIS IS THE END OF THE DOCUMENT. ==================================================================