End User License Agreement

Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of "Leadwerks Game Engine" indicates your acceptance of this License.

SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of "Leadwerks Game Engine".

This SOFTWARE PRODUCT is for personal use only and may be used by the Licensee, on one or more computers. Its component parts may not be separated for use by more than one person. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by LEADWERKS SOFTWARE and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.

You may use the SOFTWARE PRODUCT to create computer games for personal or commercial purpose. You may not use this SOFTWARE PRODUCT to create derivative game engines or game creation software.

This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.

In no event shall LEADWERKS SOFTWARE, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.

In addition, in no event does LEADWERKS SOFTWARE authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold LEADWERKS SOFTWARE harmless from any claims or losses relating to such unauthorized use.

This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the United States of America.

LEADWERKS SOFTWARE is the owner of the copyright of this SOFTWARE PRODUCT. All of its derivatives, title and accompanying materials are the exclusive property of LEADWERKS SOFTWARE. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by LEADWERKS SOFTWARE. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT that violate the license agreement. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by LEADWERKS SOFTWARE herein.

You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of the LEADWERKS SOFTWARE in any manner that will cause damage to LEADWERKS SOFTWARE.

This SOFTWARE PRODUCT utilizes analytics to record statistics on actions performed within the software, in order to collect information to help improve the user experience. Analytics can be disabled in the program options dialog. You can also launch this application with the "-nostats" command line switch to prevent analytics from ever being initialized.

This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UNITED STATES, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold LEADWERKS SOFTWARE harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.

MARKETPLACE AGREEMENT

The Licensee agrees they will only publish content to the Leadwerks Marketplace which they have the right to legally distribute. The Licensee agrees to publish only material which is legal to distribute in the U.S. and in their home country. By publishing a Marketplace item, the Licensee agrees the item may be used to create free or commercial games, screenshots, videos, or other interactive digital content, with no requirement to provide acknowledgement, royalties, or any other gratuity to the Licensee. The Licensee may remove items from the Marketplace at any time, but may not revoke the right publish items already in use. The Licensee agrees not to reverse engineer, disassemble, or redistribute Marketplace items, except within an interactive digital product such as a game or 3D walk through. The Licensee will only redistribute Marketplace items in their original encrypted archive files. LEADWERKS SOFTWARE is not responsible for the content of the Marketplace and is not liable for any damages Marketplace items may incur.