Terms Watch

End-User Software License Agreement

These terms are an agreement between SmileBoom Co.Ltd. (hereinafter referred to as " the Company ") and you, the user of SMILE GAME BUILDER.

By using all or part of the software defined in Article 1 of this Agreement, the person who uses and operates the software (hereinafter referred to as "User") agrees to be bound by the terms of this Agreement. If the User has already downloaded the software, the User will be deemed to have agreed upon reading the terms of this Agreement.
For the Trial Version, see Article 14 (Exceptions for Trial Version).

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) Software: "Software" refers to the program provided by the Company and related files, various storage media, and media comprising the program as well as specifications, instructions, procedures, manuals, and all other related documents associated with the development tools or program.
(2) Downloadable Content: "Downloadable Content" refers to the content which the User will download via the Internet and use within SMILE GAME BUILDER.
(3) Use of the Software: "Use of the Software" refers to the installation and any and all usage of the Software after being downloaded to a device such as a personal computer, as well as the use of any and all specifications, instructions, procedures, manuals, and all other related documents associated with the Software.

Article 2 License
The Company grants the User a non-exclusive and non-transferable license to install the Software to a personal computer and use it on that computer. The User may not assign usage rights of the Software to any third party.

Article 3 Basic Matters
This Agreement sets forth the terms and conditions based on which the Company, as the copyright holder or a party authorized by the rightful rightsholder to do so, will grant the User a license to use the Software and the User will use the Software. For the terms of using the Software between the Company and the User, the terms of this Agreement will always apply.

Article 4 Intellectual Property Rights
Copyright and other intellectual property rights to the Software are the property of the Company or any rightful third parties.

Article 5 Prohibitions
1. Without obtaining approval from the Company, the User may not
(1) Duplicate, adapt, modify, sell, rent, or otherwise distribute, make transmittable, publicly transmit, re-license, or use for commercial purposes the Software without consent from the Company and the rightful rightsholders;
(2) Reverse engineer, decompile, or disassemble the Software, or analyze the source code through disassembling; or
(3) Export the Software in violation of laws and regulations.
2. The User is liable to compensate any damage it has caused to the Company by violating this Agreement or by infringement of any intellectual property rights to the Software. In that event, the Company may forthwith terminate this Agreement.

Article 6 Use of Materials
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 Downloaded Content is governed by separate license terms.

Article 7 Rights and Distribution of Games Created
1. Copyright to any games created by the User through the Use of the Software belongs to the User.
the Company 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 the Software. Such distribution will not cause payment of royalties to the Company, whether distributed for free or for profit. The Company assumes no liability for the content of the games created by the User and for any problems that may occur when they are distributed and marketed.
3. Distribution of games created by the User through the use of the Downloadable Content is subject to the terms and conditions for licensing the Downloadable Content used. The Company assumes no liability for any problems that may occur when distributing such games.

Article 8 Disclaimer
This Agreement does not guarantee the proper operation of the Software. It neither guarantees the correctness, reliability, and integrity for the Use of the Software or any results thereof. It should be understood that, in the event of a failure, the Company may not be able to immediately modify or repair the Software.

Article 9 Damage Compensation
The Company assumes no liability for any direct, indirect, or consequential damages resulting from the use or inability to use the Software.

Article 10 Refund of Purchase Price
The Company will make no refund of the purchase price for the Software as a rule, except to the extent any provision is included in the terms and conditions of the online store where the User purchased the Software.

Article 11 Withdrawal
Should the User withdraw his/her consent to this Agreement, the User shall delete all files related to the Software as well as files created through the Use of the Software 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 the Software 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
The Company 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 Exceptions for Trial Version
1. No Downloadable Content is available for the Trial Version.
2. For the Trial Version, while the User may modify the Materials contained in the Software, secondary distribution of such modified data is prohibited and the provision of Article 6 covering secondary distribution will not apply.
3. For the Trial Version, distribution or marketing of any games created by the User through the Use of the Software is prohibited and the provisions of Article 7, Paragraphs 2 and 3 will not apply.
4. The Trial Version is not subject to Article 10 (Refund of Purchase Price).

Article 15 End of Support
Provision of support for Exporter for Unity shall end with “Unity 2022 LTS” and further treatment such as providing modified versions therefor will be subject to the decision of the Company .

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.