<color #D4FB79>Atomic Game Engine™ End User License Agreement (EULA)</color>

Atomic Game Engine™
Copyright (c) 2014-2015, THUNDERBEAST GAMES LLC All rights reserved.

The use of the Atomic Game Engine is governed by this license agreement ("Agreement").

1. LICENSE AGREEMENT.  This sets forth the entire agreement between THUNDERBEAST GAMES LLC ("Licensor") and you (“Licensee”) relating to the use of the Engine binary downloaded from the Licensor website (www.AtomicGameEngine.com) and Source Code available from the GitHub repository

2. LICENSE GRANT.  The following license grant applies to the use of this Engine:

    Licensor grants Licensee a single "seat" to an individual, a limited non-exclusive, non-transferable, non-sublicensable license to use the Atomic Game Engine ("Engine”) for the purpose of making games, simulations, and visualizations (“Software”).

    (a) Licensee may publicly sell, distribute, release, publish, transmit and/or exploit any Software created hereunder.

    (b) Licensee may publish Software royalty-free.

    (c) Licensee may install the Engine on a primary and secondary computer solely for use by the Licensee.

3. RESTRICTIONS.  The following restrictions apply to the use of this Engine: 

    (a) Licensee may not:  (i) <color #76D6FF>use the Engine to create derivative game creation software including but not limited to game editors and game engines;</color> (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine;  (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine; or (iv) use the Engine for any illegal purpose.

    (b) The annual revenue of any company employing, partnering, or affiliated in any way with the Licensee is less than $5,000,000 USD annually. Please contact sales@atomicgameengine.com if annual revenue exceeds $5,000,000 USD for Enterprise Licensing.

    (c)  Licensee may not remove, alter, or circumvent any functionality related to <color #76D6FF>product activation</color> or <color #76D6FF>feature and platform license management</color>.  This code is clearly commented between "// BEGIN LICENSE MANAGEMENT" and "// END LICENSE MANAGEMENT" blocks in the Atomic Game Engine source code.

    (d) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer: <color #76D6FF>“Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.”</color>

4. OWNERSHIP. The Engine is licensed, not sold. THUNDERBEAST GAMES LLC retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Engine.

5. CONSENT TO THE USE OF DATA.

    (a) Collection of Data. Licensee agrees that THUNDERBEAST GAMES LLC and its affiliates may collect technical and usage information related solely to the Atomic Game Engine Editor.

    (b) Use of Data. THUNDERBEAST GAMES LLC may use this information to: (i) improve products and services; (ii) validate license keys; and (iii) check for updates. THUNDERBEAST GAMES LLC will not disclose this information in a form that personally identifies Licensee.

6. TERMINATION.  Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine in Licensee's possession or control.

7. DISCLAIMER OF WARRANTY.  THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.   

9. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.  Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Software and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.  

10. MISCELLANEOUS.  This Agreement may be amended at anytime at the sole discretion of THUNDERBEAST GAMES LLC with proper notice. This Agreement shall be governed by the laws of the State of Oregon, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Lane County, Oregon, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

11. LICENSEE OUTSIDE THE U.S.  If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.
