User License Agreement

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RPG MAKER MZ HELP

User License Agreement

This User License Agreement (including the appended "Terms of Game Distribution"; henceforth "This Agreement") applies to all relationships between the purchaser (including individuals installing This Software on a computer or other device in the event said individual is distinct from the purchaser; henceforth "User") of "RPG Maker MZ" (henceforth "This Software"), a product of Gotcha Gotcha Games Inc. (henceforth "Company"). The User must read This Agreement closely prior to use of This Software. The User shall be deemed to have consented to This Agreement upon initiating installation of This Software. In the event the User is a minor, This Software shall be installed pursuant to consent (including consent to This Agreement) from a parent or other legal guardian. In the event that the User that was a minor upon consent to This Agreement reaches the age of majority and subsequently uses This Software, additional consent for use during the period said User was a minor shall be viewed as given.
Furthermore, in the event that terms of use and cautions, etc. (henceforth "Terms of Use, etc.") are stipulated by the Company on the official website (https://tkool.jp/support/) of This Software, the User must adhere to these Terms of Use, etc. as a unit with This Agreement. This Software uses the open source program "Qt". The terms of This Agreement do not apply to "Qt", instead, the "GNU Lesser General Public License" applies. See the end of This Agreement for the text thereof.

Article 1 (Installation)

The User may utilize This Software via installation thereof on a computer or other device (henceforth "User Device").
In the event the User owns multiple User Devices, and only in cases when the User is the authorized User of This Software on the basis of Article 3 Paragraph 1, in addition to the installation of the previous paragraph, the User may install This Software on a second User Device for purposes of use by the User only. However, even in such cases, the User may not permit use of This Software by a third party as installed on either User Device.

Article 2 (Network Authentication)

The User shall conduct network authentication of This Software after installation thereof, in accordance with methods separately stipulated by the Company.
The User acknowledges that, in the event that the network authentication of the previous paragraph is not completed in the standard fashion, This Software cannot be launched or used, regardless of the reasons for said non-completion.

Article 3 (User Registration)

The User shall conduct user registration for This Software upon commencing usage thereof, in accordance with methods separately stipulated by the Company, and shall become an authorized user (henceforth "Authorized User") of This Software upon completion of said user registration.
The User acknowledges that the Company does not offer support for usage, etc. of This Software for any user that has not completed the user registration of the previous paragraph.

Article 4 (Handling of Personal Information)

The Company will handle personal information provided by the User appropriately and in accordance with the law, pursuant to the terms stipulated in the "Privacy Policy" (https://www.gotchagotcha.jp/privacy.html) of the Company.

Article 5 (User License)

The Company provides a license for use of This Software in accordance with the following items only in cases when the User is the Authorized User.

(1) Production of original games (henceforth "User Games") using This Software (including computer programs which comprise This Software) and assets (including text, music, and images, etc.; henceforth collectively "Company Assets") contained within This Software. Furthermore, the User may not load, use, or otherwise utilize Company Assets into original games created with personally-created programs or game creation tools, etc. provided by a third party without the advance written consent of the Company.
(2) The transfer, lending, projection, public distribution, or enabling of transmission (henceforth collectively "Distribution, etc.") of User Games created pursuant to the previous item, regardless of whether compensated or uncompensated. However, note that the User must adhere to the "Terms of Game Distribution, etc." appended to This Agreement during said Distribution, etc.

Article 6 (Prohibitions)

The User will adhere to the user obligations set forth in This Agreement and the Terms of Use, etc. (henceforth collectively "This Agreement, etc.") and use This Software appropriately and within the law.
The User may not engage in any of the following during the use of This Software.
1. (1) Allow the use of This Software by a third party, as installed on a User Device, or installation of This Software on three (3) or more User Devices. However, terms of use may be resolved via separate consultation with and consent from the Company pursuant to advance application, in the event that multiple licenses are required by educational institutions, etc.
2. (2) Removal of security from This Software via utilization of bugs or malfunctions, etc., or via usage of This Software in any manner not permitted by the Company, including production of derivative software via adaptation, translation, or modification, etc. of This Software.
3. (3) The duplication, publication, projection, lending, sale, distribution, display, publish transmission, or enabling of transmission of This Software in whole or in part without the prior written consent of the Company, or separate Distribution, etc. of either the computer programs (henceforth "Company Programs") comprising This Software, or other Company Assets.
4. (4) Violations of This Agreement, etc.
5. (5) Infliction of damages on the Company, any other User, or any third party, or actions which threaten thereof.
6. (6) Any other actions the Company deems to be inappropriate.
In the event the User violates the previous two paragraphs, the Company may take measures such as issuing warnings to the User, etc. Furthermore, in the event the Company incurs damages from said violation, the User shall compensate for said damages.

Article 7 (Retention of Rights)

All copyrights, rights relating to copyrights, and other intellectual property rights concerning This Software (including Company Programs and Company Assets) are retained by the Company.
Copyrights, rights relating to copyrights, and other intellectual property rights concerning User Games (excluding Company Programs and Company Assets) and assets personally produced by the User (text, music, images, etc.) are retained by the User who produced said User Games and assets.

Article 8 (Disclaimers)

The Company is not liable in any way for damages the User may incur pursuant to use of This Software, excluding cases of malicious intent or negligence on the part of the Company.
In the event the Company is liable pursuant to the previous paragraph, excluding cases of malicious intent or negligence on the part of the Company, the representatives thereof, or employees thereof, damages that the User may seek from the Company are limited to standard and direct damages incurred by the User, and the Company is not liable in any fashion for special damages, indirect damages, lost profits, attorney fees, or similar damages incurred by the User. In no case shall the total amount of damages the Company is liable for exceed an upper limit of the purchase price actually paid for This Software by the User.
The Company will exercise reasonable caution in order to maintain the reliability of This Software, but makes no guarantee regarding the following items, wherein the User bears liability and responsibility for the use of This Software.
1. (1) Compatibility of This Software with specific objectives
2. (2) Reliability and stability of operation of This Software
The Company is not liable in any way for conflict or disputes between third parties and the User pursuant to use of This Software by the User, or pursuant to the production of User Games or Distribution, etc.

Article 9 (Amendments to This Agreement, etc.)

In the event of compatibility with general user benefits or of reasonable necessity, the Company may amend This Agreement, etc. without the consent of the User. In such cases, the Company shall give notice of amended items via the official website by the date one (1) month prior to the date said amendments take effect. The amended version of This Agreement, etc. shall take effect from the date of effect indicated by the Company on the official website. However, in the event that consent from the User is required by law for amendments, said consent shall be obtained in the way stipulated by the Company.

Article 10 (Interpretation of This Agreement, etc.)

The Japanese language version of This Agreement, etc. shall be the official version, and translations of This Agreement, etc. into other languages are provided only as reference. In the event of any discrepancy in the interpretation of said references and the official Japanese language version, interpretations of the official Japanese version shall take precedence.

Article 11 (Governing Law)

Japanese law shall be the governing law of This Agreement, etc., and Japanese law shall be used in its interpretation.

Article 12 (Jurisdiction)

In the event that litigation or arbitration is required in relation to This Agreement, the Tokyo District Court of Japan shall hold exclusive jurisdiction by advance mutual consent of the Company and the User.

[Appendix] Terms of Game Distribution, etc.

These terms of game distribution, etc. (henceforth "These Terms") stipulate terms for the Authorized User of This Software to produce and perform Distribution, etc. of User Games. The User must adhere to These Terms as a unit with the User License Agreement (henceforth "This Agreement") of This Software. Furthermore, in the absence of any specific stipulations, terminology used in These Terms shall be as defined in This Agreement.

Article 1 (Terms of Distribution, etc.)

The User may perform Distribution, etc. of User Games only in cases which satisfy all of the following items.
1. (1) The User is the Authorized User of This Software.
2. (2) User Games must not infringe upon the rights (copyrights, trademark rights, moral rights, or any other rights) or benefits belonging to third parties, and must not threaten infringement as such.
3. (3) User games must not contain computer viruses, and computer viruses and other harmful programs (including spam) must not be provided via User Games.
4. (4) User Games must not violate laws or public morality, or threaten such violations.
5. (5) User Games must not violate This Agreement, etc.
6. (6) The User may not take any other actions the Company deems inappropriate.
The User shall perform production and Distribution, etc. of User Games at personal liability and bear responsibility for expenses, and shall make no imposition therein on the Company.

Article 2 (Handling of Company Assets)

The User shall handle Company Assets contained in This Software as follows.

(1) Company Assets may be used only in User Games produced with This Software.
(2) Company Assets may be modified (colors or size changed, inverted, trimmed, etc.) only for purposes of use in User Games produced with This Software.
(3) Company Assets or those modified pursuant to the previous item may undergo Distribution, etc. with User Games produced with This Software. Furthermore, the User may not perform Distribution, etc. of individual Company Assets or those modified, or Distribution, etc. in combination with programs, etc. other than User Games. However, the User may duplicate, transfer, publicly transmit, or enable transmission of personally-modified Company Assets to other Authorized Users free of charge.

Article 3 (Notifications, etc. to Users)

The User shall give notice of or display the following items to users of User Games when performing Distribution, etc. of User Games.

(1) Clear indication within document attachments (within help files in cases without document attachments, or positioned in a visible location for users of User Games; the same shall apply henceforth) that said User Games were produced using This Software.
(2) The following notation of rights concerning This Software shall be displayed within document attachments.
- Notation: "©Gotcha Gotcha Games Inc./YOJI OJIMA 2020"
(3) Extraction of Company Programs or Company Assets from User Games and Distribution, etc. thereof (regardless of whether compensated or uncompensated) is prohibited.
(4) Extraction or modification of Company Programs or Company Assets from User Games is prohibited.
(5) Extraction of Company Assets from User Games for use in original games (regardless of whether compensated or uncompensated) is prohibited.

End

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

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