This Agreement constitutes an agreement between a user of RPG Developer Bakin and SmileBoom Co. Ltd. (hereinafter referred to as "the Company").
If the whole or any part of the Software described in Article 1 of this Agreement is used, the person who uses and applies the software (hereinafter referred to as the "User") is deemed to have agreed to be bound by the terms of this Agreement. If the Software is already downloaded, the User is equally deemed to have read and accepted the terms of this Agreement.
As used in this Agreement, the following terms have the following meanings.
(1) "Software" refers to programs provided by the Company, related files, storage media and media containing such programs, and specifications, descriptions, procedures, manuals and any other documentation related to such tools and programs.
(2) "Downloaded Content" refers to the content which the User downloads via the Internet and uses in RPG Developer Bakin.
(3) "Use of the Software" refers to downloading and installing the Software on a personal computer or other device and operating it in one way or another. Alternatively, it refers to using specifications, descriptions, procedures, manuals, and any other documentation related to the Software.
The Company grants the User a non-exclusive and non-sublicensable license to install and use the Software on a personal computer. The User may not assign its license regarding the Use of the Software to a third party.
This Agreement specifies conditions concerning the granting by the Company to the User of a license regarding the Use of the Software in its capacity as the copyright holder or a licensor authorized by lawful right holders, and the User's use of the Software. In all circumstances, the terms of this Agreement apply to conditions concerning the Use of the Software as between the Company and the User.
Copyright and other intellectual property rights to the Software are vested in the Company or lawful third parties.
1. The User may not conduct the following acts without the Company's approval.
(1) The User may not reproduce, adapt, alter, sell, loan or otherwise distribute, enable for transmission, put to public transmission, sublicense, or make commercial use of the Software without obtaining licenses from the Company and lawful right holders.
(2) The User may not reverse-engineer, decompile, or disassemble the Software. The Software may not be disassembled for source code analysis.
(3) The Software may not be exported in violation of laws and regulations.
2. If the User causes damage to the Company as a result of a breach of this Agreement or infringement of intellectual property rights related to the Software, the User shall be obligated to pay compensation for such damage. In such cases, the Company may immediately terminate this Agreement.
1. The User may use, free of charge, 3D model data, graphics and sounds contained in the Software, and model data etc. generated by Software functions (hereinafter referred to as the "Materials").
2. The Materials from a product or tool manufactured by the Company may be used in another product or tool manufactured by the Company. However, the Company does not warrant Materials compatibility between the products and the tools.
3. The use of various Materials other than for products and tools manufactured by the Company is prohibited.
4. Materials data contained in the Software may not be distributed as-is, whether on a chargeable or non-chargeable basis.
5. The User may make and use its own altered versions of the Materials, but such use is limited to inside the Software. In the case of secondary distribution of such altered data, it must be clearly marked as the Company's copyrightable work.
6. The Downloaded Content is governed by separate license terms.
1. The User is to distribute their games with all of the following conditions satisfied.
(i) The User is a lawful license holder of the Software.
(ii) Games created by the User do not infringe, and are not likely to infringe, third-party rights and interests.
(iii) In connection with games created by the User, the User shall not provide computer viruses or other harmful programs (including spamming).
(iv) Game created by the User do not violate laws, regulations, and public order and morals.
(v) There is no possibility of otherwise breaching the foregoing.
Copyright to games created by the User with the Software is vested in the User. The Company assumes no responsibility for the contents of games created by the User and any issues arising in connection with their posting or distribution via video media.
2. The User shall announce or display the following matters when distributing their games.
(i) Indicate, at a place visible to game users, that the game was created with the Software (e.g., "RPG Developer Bakin was used to create this software").
(ii) Include the following notice regarding the Software.
● Notice: "©2022 SmileBoom Co. Ltd."
3. There are no particular restrictions on the distribution of games created by the User with the Software, provided that the distribution conditions specified in paragraph 1 are met. Their distribution, whether on a chargeable or non-chargeable basis, shall not require the User to pay royalties to the Company. However, the Company assumes no responsibility for the content of games created by the User or any issues arising in connection with their distribution and sale.
4. The User is free to distribute games created with the Downloaded Content so long as the User complies with the license terms. The Company assume no responsibility for any issues arising in connection with their distribution.
This Agreement does not warrant the operation of the Software. It does not warrant accuracy, reliability, or integrity as to the Use of the Software or the results thereof, either. Please note that if any trouble occurs, prompt actions, such as modification and repair, cannot be taken.
The Company assumes no responsibility for any direct, indirect, or consequential damage arising from the Use of the Software or loss of Use of the Software.
If the User withdraws its acceptance of this Agreement, it must delete all Software-related files and files created with the Software from all its storage media and leased servers.
With regard to any dispute arising in connection with the Use of the Software and the interpretation and performance of this Agreement, the laws of Japan shall apply and the Sapporo District Court shall be the agreed court of competent jurisdiction.
The Company may amend the contents of this Agreement and other announcements without prior notice to the User, and if any such amendment is made, the latest amended versions of the agreement and announcements shall apply.
This Agreement is made in Japanese, and an English translation of this Agreement is nothing more than a translation. If there is any discrepancy between the Japanese and English interpretations of this Agreement, the Japanese interpretation shall prevail.