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DEFOLD TERMS OF SERVICE

OVERVIEW:

This overview provides a short explanation of the terms of service which govern your use of the use of our Website, our Services and the Defold Software. By accessing and/or using our product and services, you are agreeing to these terms and our Privacy Policy(ies):

Defined Terms.

Sometimes in these Terms we use defined terms as an abbreviation, to make this document easier to read. You can see a list of the defined terms we use here:

PART A - INTRODUCTION

1. About You and Us

1.1 These Terms (as defined below) create a legal agreement between you ("you" or "your") and Midasplayer Technology AB a company incorporated and registered in Sweden with company number 556896-0925 whose registered office is at Sveavagen 44, 111 34, Stockholm, Sweden, on behalf of our group companies ("we", "us" or "our").

1.2 The following legal terms of service and privacy policies apply to our relationship with you in the following situations. Collectively, we refer to the terms and policies as the “Terms” throughout this agreement. If you do not agree with these Terms then do not use any of the Services we provide:

  • The General Terms – these terms apply in all circumstances and cover your use of the Website as well as the Defold Software and the Community Forums (if you register for these Services). You can access these terms here.
  • The Defold Licence Terms – these additional terms apply when you register for a Developer Account and, together with the general terms, govern your use of the Defold Software. You can access these terms here here.
  • The Community Account Terms – these additional terms apply when you register for a Community Account and, together with the general terms, govern your use of the Community Forums. You can access these terms here here.
  • The Services Privacy Policy – this policy explains what data we collect from developers who use our Website and Services and how we use it. You can access this policy here www.defold.com/about-privacy/.
  • The Player Privacy Policy – this policy explains what data we collect from players and how we use it. It also explains what player analytics data we may collect and share with developers. You can access this policy here: www.defold.com/about-player-privacy/

1.3 YOU AGREE THAT BY ACCESSING AND/OR USING OUR SERVICE, YOU ARE AGREEING TO THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.

2. DEFOLD ACCOUNTS

2.1 Please note that in order to create an account with us:

  • You will need a Google email address; and
  • You must be over 18 years old.

2.2 In order to access certain Services we provide, you will need to register for an account with us. There are two types of accounts which you can sign up for via the Website:

  • Developer Account - if you wish to access the Defold Software to develop Games you will need to register for a Developer Account here dashboard.defold.com.
  • Community Account – If you wish to access and post Content on any of our Defold Community Forums you will need to register for a Community Account here: https://forum.defold.com.

2.3 You promise that you own the email account you use for registration for an account and that all the information you provide to us is and shall remain true, accurate and complete at all times. We reserve the right to suspend or terminate any or all of your accounts if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

2.4 You agree that you shall take all steps necessary to protect your log-in details and keep them secret. You agree that you shall not give your log-in details to anyone else or allow anyone else to use your log in details or account.

2.5 You accept full responsibility if you fail to keep your login details secret or if you share your log-in details or access to any of your accounts with someone else (including anyone with whom you choose to collaborate).

PART B – GENERAL TERMS FOR USE OF OUR SERVICES AND THE WEBSITE

These general terms apply in all circumstances and cover your use of the Website, our Services as well as the Defold Software and the Community Forums (if you register for these Services).

1. ACCESSING OUR SERVICES, THE WEBSITE AND THE DEFOLD SOFTWARE

1.1 Charging - We do not charge you to use any of our Services or for accessing the Website or for using the Defold Software. You are responsible for the internet connection and/or mobile charges that you may incur for using our Services. You should ask your internet/mobile operator if you are unsure what these charges will be, before you use our Services.

1.2 Right to Modify or Withdraw - We have the right to withdraw or modify the Website, Services and the Defold Software (in each case in whole or in part) from time to time without liability to you. Please see section “Termination of Service”, which explains why we might withdraw our provision of the Website, Defold Software and/or Services, and what will happen if we do.

1.3 Downtime - There may also be times when the Website, Services or the Defold Software (or any part of them) are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. Where possible we will try to give notice in advance of any planned downtime via the Website.

2. USER CONDUCT

2.1 You must comply with all laws that apply to you when you access our Website, Services and/or the Defold Software. If any laws applicable to you restrict or prohibit you from using our Website, Services and/or the Defold Software, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the same.

2.2 You further agree that you will not:

  • use our Website, the Defold Software or our Services to harm anyone or to cause offence to or harass any person;
  • reproduce, mirror, duplicate, copy, sell, resell or exploit any portion of, use of, or access to any of the Websites or any of the Services to any third party without our express prior permission;
  • use any of the Website, Services or Defold Software we provide for fraudulent or abusive purposes;
  • 'harvest', 'scrape' or collect any information about or regarding other people including but not limited to any Personal Information or other information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
  • disguise, anonymise or hide your IP address or the source of any Content that you upload;
  • use our Website, Services or the Defold Software for any commercial or business purpose or for the benefit of any third party other than as expressly permitted in these Terms, or to send unsolicited communications;
  • remove or amend any proprietary notices or other ownership information from our Website, Services and/or Defold Software;
  • interfere with or disrupt our Website, Services and/or Defold Software or servers or networks that provide any of the same;
  • steal or attempt to steal the Games, content or work of any other user of the Website, Services and/or Defold Software;
  • attempt to decompile, reverse engineer, disassemble or hack our Website, Services and/or Defold Software, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
  • sell, transfer or try to sell or transfer an account with us or any part of an account; or
  • disobey any requirements or regulations of networks connected to our Website, Services and/or Defold Software.

3. NO WARRANTIES

3.1 YOUR USE OF THE DEFOLD SOFTWARE, DEFOLD TEMPLATES, DEFOLD MATERIALS, THE BUILT-IN FILES AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEFOLD SOFTWARE, DEFOLD TEMPLATES AND/OR THE BUILT-IN FILES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR USE OF DATA THAT RESULTS FROM SUCH USE.

3.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND DEFOLD SOFTWARE, DEFOLD TEMPLATES, DEFOLD MATERIALS, AND BUILT-IN FILES IS AT YOUR SOLE RISK AND THAT EACH OF THE FOREGOING IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT GUARANTEE THAT ANY OF THE WEBSITE, SERVICES, DEFOLD SOFTWARE DEFOLD TEMPLATES, DEFOLD MATERIALS AND/OR THE BUILT-IN FILES WILL MEET YOUR REQUIREMENTS, BE FREE FROM DEFECTS, VIRUS FREE, SECURE OR ERROR FREE, OR THAT YOUR USE OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED OR SECURE.

3.3 WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION UNLESS EXPRESSLY STATED IN THESE TERMS.

4. OUR LIABILITY TO YOU

4.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or any other liability which may not by law be excluded.

4.2 For any losses or harm (other than those mentioned in section 4.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of USD $100. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.

4.3 We are not responsible for:

  • losses or harm not caused by our breach of these Terms or negligence; or
  • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
  • any increase in loss or damage resulting from breach by you of any of these Terms; or
  • technical failures or the lack of availability of our website, Games, and/or social media channels where these are not within our reasonable control.

4.4 We will provide our Services with the same skill and care as other similar website or game engine providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.

4.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

5. YOUR LIABILITY TO US

If you breach these Terms and that breach causes us harm or a financial loss then you agree to compensate us, according to law, for all losses, harm, claims and expenses we reasonably incur which may arise from that breach. Without limitation, some examples of the ways in which you could cause us harm, financial loss, claims and expenses are (i) through your unauthorised use of any third party intellectual property or third party materials you include in your Games; (ii) through your failure to obtain or maintain any third party registration, certification, licence or approval required by a third party to publish your Games via their platform(s); (iii) through your breach of any terms and conditions relevant to the publication of your Games on a third party’s platform; and/or (iv) through a breach of our Defold Software licence terms.

6. PRIVACY

We will only collect, process, use and share your personal information in accordance with our Services Privacy Policy www.defold.com/about-privacy/ and as set out in these Terms. By accessing our Website or using our Services and/or the Defold Software, you give your consent to our group company, King.com Limited, for the collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Website, Services and/or Defold Software.

7. SUSPENSION AND CANCELLATION OF YOUR ACCOUNT(S)

7.1 Cancellation by You. You can cancel your use of our Website, Services and the Community Forums or the Defold Software at any time by contacting us at info@defold.com and requesting us to delete any account you have registered with us.

7.2 Account Suspension or Cancellation By Us for Your breach of the Terms. We reserve the right to suspend or cancel your access to any or all of your accounts and/or your access to our Website, Services and/or Defold Software (including by deleting your account) if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches). Without limitation, any breaches of section 2 (User Conduct), section 3 (Content) of the Community Terms (if applicable) and the Defold licence terms (if applicable) are likely to be considered material breaches.

7.3 Account Suspension or Cancellation by Us for Your Inactivity. We reserve the right to suspend or delete any of your accounts if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use your account or any Services associated with that account. Where we delete your account for inactivity we will give you at least three (3) month’s prior notice via email to the address you registered the account with.

8. EFFECT OF CANCELLATION

8.1 Cancellation of Your Accounts for Your breach of these Terms. If we cancel your right to use any of your accounts with us or to access any or all of our Website, Services and/or Defold Software for your breach of these Terms then:

  • we reserve the right to delete your accounts;
  • you will no longer be able to use any of the Website, Services and/or Defold Software going forwards;
  • you will promptly and permanently destroy all of your copies of the Defold Software; and
  • you will no longer be entitled to use the Defold Software in any Games that you have created prior to the date of cancellation, even if you have published such Games via a third party publication platform.

8.2 Cancellation of Your Account by You/For Inactivity. If you cancel your account or if we cancel your account due to your inactivity then:

  • we will delete your accounts;
  • you will no longer be able to use any of the Website, Services and/or Defold Software going forwards;
  • you will, however, be entitled to continue to use the Defold Software in any Games that you have created prior to the date of cancellation for the life of such Games, PROVIDED THAT such continued use shall remain governed by these Terms.

8.3 You understand that if we or you delete your accounts you may lose access to any Projects stored on such account. Where we delete your account for inactivity we will give you at least three (3) month’s prior notice via email to the address you registered the account with.

9. WITHDRAWAL OF THE SERVICES/WEBSITE/SOFTWARE

9.1 We have the right to withdraw or modify one or more of our Services, the Website or the Defold Software (in whole or in part) without liability to you from time to time:

  • for technical reasons (such as technical difficulties experienced by us or on the internet);
  • to allow us to improve user experience;
  • where we have legal reasons for doing so (including privacy, regulatory or other legal objections to the content or conduct of our Services);
  • because it no longer makes business sense for us to provide the relevant Service; or
  • because we have altered the Services we provide.

9.2 Where we decide to withdraw our provision of the Services, Website and/or the Defold Software we will announce this decision on the Website.

9.3 Unless the decision to withdraw the Services, Website and/or the Defold Software was due to legal or regulatory reasons, we will allow you to continue to extract any Projects in progress and to use the Defold Software in Games which are published prior to the date on which we close down the Services, Website and/or the Defold Software, provided that such use remains subject to these Terms.

10. LINKS

We may link to third party websites or services from our Website. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

11. TRANSFERRING THESE TERMS

We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so, provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this transfer in writing.

12. ENTIRE AGREEMENT

These Terms (including the Defold Software licence terms if you have a Developer Account and the Community licence terms if you have a Community account) set out the entire agreement between you and us concerning our Website, Services and Defold Software and they replace all earlier agreements and understandings between you and us.

13. CHANGES TO THESE TERMS

We reserve the right to update these Terms from time to time by posting the updated version on the Website. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing the Website, the Defold Software and our Services.

14. SEVERABILITY

If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.

15. WAIVERS OF OUR RIGHTS

Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

16. COMPLAINTS AND DISPUTE RESOLUTION

Most concerns can be solved quickly by contacting us at: info@defold.com. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these Terms shall be governed by and construed in accordance with the laws of England.

17. QUESTIONS ABOUT THESE TERMS…

If you have any questions about these Terms or our Games you may contact us by email at: info@defold.com.

18. FEEDBACK

We appreciate your feedback on how we can improve our site and the software and materials we make available to you through it. In order for us to continue to be able to make these items available to you and our other users we need to fully own the rights in them. Therefore, you agree that we shall own all rights (including all intellectual property rights) in all oral and written feedback that you provide to us in connection with your use of the Defold Software, the Defold Materials and our Website. If requested by us and at our expense, you agree to execute all documents and provide us with all assistance that we may reasonably require from you in order to: (i) vest such rights in us; and/or (ii) register such rights in our name or the name of one of our Affiliates; and/or (iii) assist us against any allegation of infringement by a third party. 

If you don’t wish to transfer ownership of your feedback to King, then please do not provide your feedback to us. This clause applies in respect of the items we own and make available to you only; nothing in this clause is intended to give us any rights (including any intellectual property rights) in your Game.

PART C – TERMS FOR THE COMMUNITY ACCOUNT

These additional terms apply when you register for a Community Account and, together with the General Terms and the Defold Licence Terms (if applicable), govern your use of the Community Forums.

Capitalised terms which are not defined in these Community Account Terms have the meaning as set out in the General Terms, which you can access here: here.

  1. Subject to your acceptance of and compliance with: (i) the General Terms here; (ii) the Defold Licence Terms (where applicable) here; and (iii) the Community Account Terms stated below, we agree to provide you with access to the Community Forums.
  2. You can use the Community Forums to post Content, including advice, tips and recommendations, on the Community Forums. The Content you provide may be associated with your user name.
  3. You are responsible for all Content that you upload, post or otherwise make available when using the Community Forums. You agree not to upload, store, communicate, transmit or otherwise make available any Content:
    • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, obscene, illegal or otherwise objectionable;
    • that is or could reasonably be viewed as invasive of another's privacy;
    • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
    • which you do not have a right to make available lawfully (such as insider information, information which belongs to someone else or confidential information);
    • which infringes any intellectual property rights or other proprietary right of others;
    • which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
    • which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  4. By submitting Content to the Community Forums, you confirm that you own all rights in any Content you post and you acknowledge that such Content, once posted, will not be considered confidential or proprietary.
  5. We may use, edit, adapt, publish and distribute any Content you post on the Community Forums it in any and all media (whether it exists now or in the future) for the purposes of: (i) providing the Services and the, Community Forum and the Website to you and other users; and (ii) in connection with the promotion of the Services and the Website, including in any promotional materials which we create in connection with the Services and/or Website in each case in perpetuity and without any payment being due to you.
  6. We do not control or actively monitor Content posted on the Community Forums by you or others, therefore we do not guarantee the accuracy, integrity or quality of that Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Community Forums or the Website. Notwithstanding the foregoing, we reserve the right to remove any Content from our Community Forums or Website if we, in our sole discretion, decide that it results in or from a breach of any part of these Terms, or that it may bring us, our Services or our games into disrepute.
  7. Should you wish to complain about any Content posted by any other user, or any use of your Content by us or any other user, please contact us at: info@defold.com.

PART D – DEFOLD LICENCE TERMS

These additional terms apply when you register for a Developer Account and, together with the General Terms and the Community Account Terms (if applicable), govern your use of the Defold Software.

Capitalised terms which are not defined in these Defold Software licence terms have the meaning as set out in the General Terms, which you can access here: here.

1. THE DEFOLD SOFTWARE

The Defold software development kit is provided to you free of charge once you register for a Developer Account and consists of:

  • the Defold Game Engine;
  • the Defold Editor;
  • the Defold SDK; and
  • the empty app that allows you to test your creations,

(collectively the “Defold Software”).

2. LICENCE TO THE DEFOLD SOFTWARE

2.1 Subject to your compliance with: (i) these Defold Licence Terms; (ii) the Community Account Terms (where applicable) here; and (ii) the General Terms here, we grant you, for the duration of the legal protection of the intellectual property rights contained in the Defold Software, a limited, non-exclusive, non-transferable, worldwide, royalty-free licence for the sole purposes of the creation, distribution and publication of your Games and for no other purposes. As part of this licence, you are entitled to:

  • install the Defold Software on your personal PC, laptop, tablet and/or mobile device;
  • develop Games using the Defold Software (please see the Website for limits on the number of Projects that you may have at any one time); and
  • make available copies of, and distribute, the runtime portion of the Defold Software solely as embedded or included in such Games and solely to third parties to whom you licence or sell such Games.

2.2 You may sub-licence the right to distribute the runtime portion of the Defold Software as part of your Game(s) to third party distributors who licence or sell your Games on your behalf including, without limitation, to app store providers such as Apple, Google, Microsoft and Amazon.

3. LICENCE RESTRICTIONS

3.1 As a condition of these Defold Licence Terms, except as expressly permitted by these terms, you may not:

  • duplicate, copy (except in the course of loading or installing) or modify or create derivative works of the Defold Software;
  • distribute, transfer, sub-licence, lease, lend, rent, sell, resell or otherwise provide access to the Defold Software (or any portion of) to any third party;
  • make the Defold Software available to multiple users or third parties through any means (except through the collalboration solution we provide), including without limitation by uploading the Defold Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service provider;
  • use the Defold Software to make a competing game engine;
  • do anything which could cause or result in the Defold Software being subject to any open source or other third party licence terms that requires as a condition of use, modification or distribution, that the Defold Software (or any portion of it) be disclosed or distributed in source code form or licensed for the purpose of making derivative works;
  • attempt to decompile, reverse engineer, disassemble or hack the Defold Software, or permit a third party to do so, in each case except as permitted by law notwithstanding this prohibition; or
  • attempt to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us in connection with the Defold Software.

3.2 As a further condition of these Defold Licence Terms, you may not use or incorporate or distribute the Defold Software in any Games which:

  • include or are in anyway related to real money gambling or any other gambling product or service which is regulated by any local, state or national authority and requires a gambling licence;
  • could reasonably be viewed as unlawful, harmful, harassing, defamatory, obscene or otherwise objectionable;
  • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
  • infringe any intellectual property rights or other proprietary right belonging to others, us or our group companies; and/or
  • contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. OWNERSHIP OF THE DEFOLD SOFTWARE

4.1 The Defold Software is licensed to you pursuant to the Defold Licence Terms, and not sold. We and our licensors retain all intellectual property rights in the Defold Software, including all copyright, trade marks, and other intellectual property rights in and relating to such software. We expressly reserve all rights not licensed to you in accordance with these Terms.

4.2 Notwithstanding the restrictions set out in section “Defold Software Licence Restrictions” above, to the extent you make any modifications to, or any derivative works from, any of the Defold Software, you hereby assign to us all right, title and interest in and to all such modifications and derivative works and you agree that you will do all such things and take all such actions as we reasonably require in order to transfer such modifications and derivate works, and the intellectual property rights in them, to us.

4.3 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Defold Software.

4.4 Nothing in these Defold Licence Terms gives you a right to use any of our trade names, trade marks, service marks, logos, domain names, or other distinctive brand features, other than as expressly permitted herein. You acknowledge that all copyright, trade marks and other intellectual property rights in and relating to the Website, Defold Software and Services (other than the Content and Games contributed by you and other users and any Third Party Software and Third Party Materials) is owned by or licensed to us.

5. LICENCE TO THE DEFOLD ADDITIONAL MATERIALS

5.1 Subject to your compliance with the Defold Licence Terms, we grant you, for the duration of the legal protection of the intellectual property rights contained therein a non-exclusive, non-transferable, worldwide, royalty-free licence to:

  • copy and redistribute the Defold Game Templates, the Built-In Files and the Defold Materials as part of the Games only;
  • remix, adapt, modify, transform, make derivate works from and build upon the Defold Game Templates, the Built-In Files and the Defold Materials; and
  • make available copies of, and distribute, the Defold Game Templates, the Built-In Files and the Defold Materials as part of a Game to third party distributors who licence or sell such Games on your behalf, including without limitation app store providers such as Apple, Google and Amazon.
  • 5.2 We shall retain all rights in the Defold Game Templates, the Built-In Files and the Defold Materials that we provide to you. Between you and us, you shall own all intellectual property rights in and to any modifications, derivative works or any software or material which you develop and/or build upon the Defold Game Templates or using the Built-In Files.

    6. OWNERSHIP OF YOUR GAMES

    Save for the Defold Software (including any modifications to, or derivative works from, the Defold Software) we make no claim over your Games or any intellectual property rights that you include in your Games.

    7. USE OF THIRD PARTY SOFTWARE AND MATERIALS

    7.1 We may provide you with certain shared files and open source software in connection with the Defold Software, the Built-In Files and/or the Defold Game Templates. Your use of any shared files and/or open source software which we provide shall be subject to the licence terms of such files and software.

    7.2 It is your choice as to whether you wish to include third party software and/or materials in your Games. If you choose to include third party software and/or materials in your Games then you, and not us, will be responsible for ensuring that you obtain and maintain on a fully paid up basis all necessary licenses, permissions, consents and approvals required from the applicable third parties for the purposes for which such software and/or materials in your Games.

    8. SUPPORT/UPDATES

    8.1 We may, but are not obliged to, provide updates and/or modifications to any of the Defold Software from time to time and without notice to you. Please check the Defold Website for details of any material updates/modification we make. Any updates and modifications we make available shall be governed by the Terms, unless accompanied by a separate licence agreement. You understand that such updates may require you to make changes to your Games in development.

    8.2 We may, but are not obliged to, provide maintenance and support for the Defold Software. Should you require support in using the Defold Software we recommend that you use the Community Forum.

    8.3 If you need to report any error or defect in any of the Defold Software, please contact us at: info@defold.com.

    9. DATA STORAGE

    9.1 Subject to your compliance with these Terms, you can use your Developer Account to store your Game(s), as well as other Content and materials you use in order to aid the development of your Game(s). Please see section 3 under part C (Content) above for guidance on Content which you are prohibited from storing on your Developer Account.

    9.2 We do not set any hard storage limits in relation to your account, however if we believe your use is excessive compared to other users then we will get in contact with you to discuss your requirements. In extreme cases we reserve the right to impose a storage limit on, or to throttle access to, your account, but we’ll discuss this with you first.

    9.3 We also reserve the right to introduce capacity caps across the entire Service at any point. Where we introduce capacity caps across the entire Service we will notify all users of this change in advance via the Website.

    9.4 You agree that you will not use your Developer Account to store any Content which:

    • infringes any intellectual property rights or other proprietary right of others, including without limitation any pirated music, films, TV or games; or
    • is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, obscene, illegal or otherwise objectionable;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    9.5 We reserve the right to suspend or terminate your account if you are in breach of the above obligations.

    10. DATA COLLECTION AND PRIVACY POLICY OBLIGATIONS

    You acknowledge and agree that the Defold Software may report back information to us, including data on your usage of the editor.

    If you use our Player Analytics, you acknowledge and agree that we may collect and store information relating to Players, including data on Players’ use of the Games and the Defold Engine and device and operating system data. Please see our Privacy Policy for Players for details on what data we collect and what we do with it.

    11. YOUR PRIVACY POLICY FOR PLAYERS

    11.1It is a condition of your licence to the Defold Software that you shall distribute a privacy policy with your Games which complies with all applicable data privacy laws and which:

    • explains to your users what data you collect, how, what you do with it and what measures you take to store and protect it; and
    • includes a disclosure that informs the end user that we collect certain data in connection with their use of the Games and obtains their consent to such collection, as well as a link to our Player Privacy Policy which you can access here www.defold.com/about-player-privacy/.

    12. COLLABORATION

    12.1 You can invite other developers to work collaboratively with you on one of your individual Projects.

    12.2 In order for someone to collaborate on one of your Projects they will need to: (i) be invited by you or one of your existing collaborators; and (ii) to have their own Developer Account with us.

    12.3 Anyone you/one of your existing collaborators invite to collaborate on a Project will:

    • only be able to access the Projects to which you give them access and not all of your Projects;
    • be able to invite other collaborators to the project;
    • be able to access your Project both: (i) online via the Website and (ii) offline when they download a copy of the shared Project file;
    • be able to add, amend and delete data in the Game which is the subject of the Project; and
    • be able to extract and publish your Game without your permission.

    12.4 Please be careful when choosing people with whom you will collaborate. You will be responsible to us for the actions of any people you choose to collaborate with. This means that you will be liable to us if any of your collaborators breach any of these Terms, infringe any third party intellectual property, or for any other third party claims which may arise when they work on your Project.

    12.5 Please note that your collaborators can also invite other people to collaborate on one of your Projects without your prior approval. If you are the main account holder then you will be entitled to remove any collaborators involved in one of your Projects.

    13. BUNDLING YOUR GAME FOR PUBLICATION

    13.1 When you are ready to extract your Game for publication you can use our bundling tool to compile the Game for the platform(s) on which you wish to publish it, PROVIDED THAT:

    • you are a registered developer on the platform(s) on which you wish to publish the Game;
    • you comply with all of the terms and conditions of the applicable distribution platform; and
    • you have all the necessary certification, consents, permissions, licences and approvals needed in order to publish the Game on the applicable platform and in the territories in which you wish to make it available.

    13.2 It is your responsibility and not ours to obtain and maintain all applicable registrations, certifications and approvals you need to publish and distribute your Game on a platform from the relevant platform.

    13.3CERTAIN PLATFORMS MAY REQUIRE YOUR GAME TO UNDERGO A SUBMISSION PROCESS BEFORE THEY AGREE TO PUBLISH AND DISTRIBUTE YOUR GAMES ON THEIR PLATFORMS. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT YOUR GAMES WILL PASS THIS PROCESS AND WILL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY) YOU MAY INCUR IF THE AVAILABLE PLATFORM PROVIDER REJECTS YOUR GAME FOR ANY REASON. THIS IS YOUR RESPONSIBILITY AND IT IS BETWEEN YOU AND THE APPLICABLE PLATFORM PROVIDER TO AGREE AND RESOLVE.

    14. PROMOTIONAL USE OF YOUR GAMES

    In consideration for your use of the Defold Software, you grant us and our group companies the royalty-free, worldwide, perpetual right to create, edit, adapt and publish promotional materials for the Website, the Defold Engine and the Services in any and all media (whether it exists now or in the future) which feature any Game you make available using the Defold Engine. This right includes permitting us to feature gameplay footage, stills, images and characters from such Games in such promotional materials.

    15. INDEPENDENT DEVELOPMENT

    Nothing in these Terms will impair our, or our group companies’ or affiliates’ right to develop, acquire, licence, market, promote or distribute games, products or technologies that perform the same or similar functions as, or otherwise compete with, any Games, products or technologies you may create, whether using the Defold Software or not.