Terms Watch

Software License Agreement

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.

Article 1. Definition
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) "Plug-in" refers to the content that extends the functionality of the Software, the Company's product.
(4) "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.
(5) "User Game" refers to a game created by a user using the Software, the Company's product.

Article 2. Granting of a license
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.

Article 3. Basic matters
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.

Article 4. Intellectual property rights
Copyright and other intellectual property rights to the Software are vested in the Company or lawful third parties.

Article 5. Prohibition
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.

Article 6. Use of the assets
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 "Assets").
2. The Assets 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 Assets compatibility between the products and the tools.
3. The use of various Assets other than for products and tools manufactured by the Company is prohibited.
4. Assets 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 Assets, 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 Assets may be modified and used for the purpose of introducing work produced by the user on the user's own blog, social media, promotional videos, and so on. In this case, you may also transfer or distribute them to other users for free. However, commercial use of altered Assets or distribution to third parties other than other users is prohibited, regardless of whether such use is paid or free. In the case of secondary distribution of such altered data, it must be clearly marked as the Company's copyrightable work.
7. The Downloaded Content is governed by separate license terms.

Article 7. Rights to created games, their distribution, etc. 
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: "©2022-2025 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.

Article 8. Use, distribution, and rights of plug-ins 
1. Users of the Software, the Company's product, may add or change features by incorporating the Company's official plug-in into their user games. Additionally, the user may alter the official plug-in only for use in the user game.
2. Official plug-ins and modified official plug-ins may be distributed together with user games created with the Company's products. However, distribution of official plug-ins by themselves is prohibited.
3. The use of all plug-ins, including user plug-ins, plug-ins created by third parties, official plug-ins altered by users, and official plug-ins, shall be at the full responsibility and expense of the user. The Company shall not be responsible for any and all issues that may arise from the use of these plug-ins.

Article 9. Collection of information 
If RPG Developer Bakin crashes while it is used by the User, the Product can collect operation logs and user folder path information at the option of the User and use them for trouble analysis and future product improvement. If other information, such as personal information, is collected, it shall be handled in accordance with the Company's privacy policy.
https://smileboom.com/privacypolicy/

Article 10. Disclaimer 
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.

Article 11. Compensation for Damages 
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.

Article 12. Refund of purchase price 
In principle, The Company does not refund the purchase price of the Software. However, if the terms of use of the online store from which the User purchased the Software specify otherwise, such terms shall apply.

Article 13. Withdrawal of the agreement 
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.

Article 14. Jurisdiction 
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.

Article 15. Amendment 
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.

Article 16. Language
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.