End User License Agreement for Downloadable Content

These terms are an agreement between SmileBoom Co. Ltd. (hereinafter referred to as "SmileBoom") and you, the user of the Downloadable Content.

By using all or part of the Downloadable Content defined in Article 1 of this Agreement (hereinafter referred to as "DLC"), the person who uses DLC (hereinafter referred to as "User") agrees to be bound by the terms of this Agreement. If the User has already downloaded DLC, the User will also be deemed to have agreed upon reading the terms of this Agreement.

Article 1 Definition

In this Agreement, the terms listed in the following items shall have the meanings prescribed to them in the relevant items.
(1) Downloadable Content: "Downloadable Content" refers to the content which the User will download via the Internet and use within RPG Developer Bakin.
(2) User: Any authorized user who purchased RPG Developer Bakin and was granted a license to use it.

Article 2 License

SmileBoom grants the User a non-exclusive and non-transferable license to install DLC to a personal computer and use it within RPG Developer Bakin. The User may not assign usage rights of DLC to any third party.

Article 3 Basic Matters

This Agreement sets forth the terms and conditions based on which SmileBoom, as the copyright holder or a party authorized by the rightful rightsholder to do so, will grant the User a license to use DLC and the User will use DLC. For the terms of using DLC between SmileBoom and the User, the terms of this Agreement will always apply.

Article 4 Intellectual Property Rights

Copyright and other intellectual property rights to DLC are the property of SmileBoom Co.Ltd.

Article 5 Use of Data Contained in DLC

1. The User may use materials contained in DLC including 3D model data, graphics and sound (hereinafter referred to as "Materials") at no charge, except to the extent it infringes on the Prohibitions.

2. With respect to the Materials, it is prohibited to distribute the data contained in DLC directly, whether for free or for profit.
3. The User may modify and use the Materials as desired, provided, however, such use is limited within RPG Developer Bakin. When distributing such data as modified, the following credit should be clearly indicated:
©2022 SmileBoom Co.Ltd. All Rights Reserved.

Article 6 Rights and Distribution of Games Created

1. Copyright to any games created by the User through the use of DLC belongs to the User.
SmileBoom assumes no liability for the content of the games created by the User and for any problems that may occur when they are posted on or distributed through video media and other channels.
2. There is no restriction on distribution of games created by the User through the use of DLC. Such distribution will not cause payment of royalties to SmileBoom, whether distributed for free or for profit. SmileBoom assumes no liability for the content of the games created by the User and for any problems that may occur when they are distributed.

Article 7 Prohibitions

1. Without obtaining approval from SmileBoom, the User may not (if you are not sure whether it is the case or not, please contact SmileBoom)
(1) Transfer the data contained in DLC to a third party either with no change or after processing or make it possible to distribute to the public, or use DLC to create an identical design or similar data to sell or transfer it;
(2) Distribute DLC in violations of laws and regulations;
(3) Perform any act that would give impression of the User being the copyright holder of DLC, or use the DLC data to register the trademark, trade name or any other rights;
(4) Publish the game file of RPG Developer Bakin containing DLC in such conditions that it can be used by a third party or downloaded by the others (for the purpose of this paragraph, "game file" refers to "editable data in which all the data required for the game under development is compiled");
(5) Use DLC outside RPG Developer Bakin or on any other game development tools;
(6) Use DLC for the purpose of creating websites or video content outside the scope of publicity and/or advertisement of games produced with RPG Developer Bakin;
(7) Use DLC in a materially antisocial game or the ones that would be offensive to public order and morals.
2. The User is liable to compensate any damage it has caused to SmileBoom by violating this Agreement or by infringement of any intellectual property rights to DLC. In the event that SmileBoom or the copyright holder should suffer any loss resulting from the relevant game or other works, SmileBoom will claim compensation from the User for any direct, indirect, or consequential damage, including any and all legal expenses incurred by SmileBoom such as attorneys' fees.

Article 8 Disclaimer

This Agreement does not guarantee the proper operation of DLC or its suitability with the User's specific purposes. It neither guarantees the correctness, reliability, and integrity for the use of DLC or any results thereof. It should be understood that, in the event of a failure, SmileBoom may not be able to immediately modify or repair the Software.

Article 9 Damage Compensation

SmileBoom assumes no liability for any direct, indirect, or consequential damages resulting from the use or inability to use DLC.

Article 10 Refund of Purchase Price

SmileBoom will make no refund of the purchase price for DLC as a rule, except to the extent any provision is included in the terms and conditions of the online store where the User purchased DLC.

Article 11 Withdrawal

Should the User withdraw his/her consent to this Agreement, the User shall delete all files related to DLC as well as files created through the use of DLC from all storage media belonging to the User and contract servers.

Article 12 Jurisdiction

Any disputes arising with respect to the interpretation and fulfillment of the use of DLC and this Agreement shall be subject to the laws of Japan, and shall be submitted to the exclusive jurisdiction of the Sapporo District Court.

Article 13 Changes to Agreement

SmileBoom may change any provision of this Agreement and other relevant communications without making prior notice to the User and, when such change is made, the latest provision and communications as changed shall apply.

Article 14 Language

This Agreement is prepared in Japanese and any English document thereof is merely a translation. In the event that there is any contradiction in the interpretation of this Agreement between its Japanese and English versions, the interpretation in Japanese shall prevail.

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Last-modified: 2022-10-19 (Wed) 05:18:04