SONGBIRD EDITOR NON-COMMERCIAL LICENSE
Software protected by proprietary and personal copyright laws.
BEFORE DOWNLOADING, INSTALLING, SHARING, RUNNING, USING AND/OR MODIFYING THE SOFTWARE PLEASE READ AND FAMILIARIZE YOURSELF WITH THE FOLLOWING LICENSE.
THE FOLLOWING LICENSE AGREEMENT GRANTS THE SOFTWARE’S LICENSEE THE RIGHT TO USE THE SONGBIRD EDITOR SOFTWARE FOR SPECIFIED PURPOSES.
THE FOLLOWING LICENSE AGREEMENT STATES THE TERMS UNDER WHICH DANIEL PAWELSKI GRANTS A NON-COMMERCIAL LICENSE TO THE SOFTWARE.
BY DOWNLOADING, INSTALLING, SHARING, RUNNING, USING AND/OR MODIFYING THE SOFTWARE, THE USER BECOMES OBLIGED TO COMPLY WITH THE TERMS OF THE LICENSE.
UPON DOWNLOADING EVEN A PART OF THE SOFTWARE, OR SHARING A LINK THAT ALLOWS TO DOWNLOAD THE SOFTWARE THE USER BECOMES OBLIGED TO FOLLOW THE FOLLOWING LICENSE AGREEMENT.
IF AS A USER YOU DO NOT AGREE TO THE CONDITIONS OF THE FOLLOWING LICENSE YOU SHOULD NOT DOWNLOAD, INSTALL, SHARE, LAUNCH, USE AND/OR MODIFY THE SOFTWARE.
Definitions
“Software” consists of: version 1.1.1 of the Songbird Editor computer software, which may be used within the following platforms: Microsoft Windows, Linux for Intel and ARM, MAC OS; Documentation; Additional components described in pt. 1.4.
“Target Application” refers to a computer application created by the User through the use of the Software to create a data file and use of the Engine to compile said file into the final product.
“Engine” refers to the Unity game engine that allows for creation of video games and other interactive materials and which is required for using the Software; The Author is not the owner of the rights to the Engine and does not grant any licenses for the Engine, because only the entity holding the rights to Unity has the right in this respect, therefore the User is obliged to read in detail the content of the unity.com website (especially the licenses and terms of service, including https://unity.com/legal/as-terms)
“Additional Components” include the UI Accessibility Plugin software, which is used alongside the Software.The Creator is not the owner of the rights to the Additional Components and does not grant any licenses for them, because only the entity holding the rights to Additional Components has the right in this respect, therefore the User is obliged to read in detail the content of the website https://assetstore.unity.com/packages/tools/gui/ui-accessibility-plugin-uap-87935
“Educational Materials” refer to materials in the form of files, recordings, graphics, templates, sheets, and or texts made and shared by the Author, which are intended for the description and explanation of topics directly and indirectly related to the Software.
“Website” refers to a website available at https://www.aokotorigames.com, which is managed and administered by the Author.
“Help Desk” is a service provided by the Author that allows for sending questions, remarks, complaints or suggestions regarding the Software and/or Educational Materials.
“Author” means Daniel Pawelski, who is the author and rights holder of the Software and who can be contacted using information located on the Website.
“User” means any entity that performs any activities related to the Software, including, for example, downloading, installing or using it; in the case of persons who do not have full legal capacity, the ability to incur damages and/or criminal liability towards the Creator, it should be assumed that such persons are the responsibility of guardians, representatives or other persons who are responsible under applicable law for supervision or control over the above-mentioned.
“License” refers to this license agreement.
Expecting to fully use the Software the User must:
Possess a device that meets at least the minimum system requirements for running the newest version of the Engine. (https://docs.unity.cn/2023.1/Documentation/Manual/system-requirements.html)
Possess an internet connection to said device for the purpose of downloading and installing the Software.
Download and install the Engine.
Import the Software into the Engine as an asset package.
The Author sets the following rules related to the Software on the basis of the License:
Downloading, installing, running and/or using the Software is allowed only for non-commercial purposes, i.e. purposes that do not directly or indirectly bring any financial benefits to the User. The following activities may or may not be considered non-commercial purposes: academic research, non-profit organization activities, non-commercial projects, private and non-commercial use, evaluation and training.
If the Target Application does not qualify under the non-commercial license the User should turn to the Author with an inquiry regarding the commercial license.
Any use of the Software for any purpose that may directly or indirectly provide a financial benefit to the User, as well as in connection with any commercial endeavor (including development of materials for commercial use or distribution or consultation for a fee or other compensation) is strictly prohibited and constitutes a material violation of the License.
As part of the License the User is permitted to:
Download the Software from the Website and save it on the User’s device,
Install the Software within the User’s devices,
Launch the Software within the User’s devices,
Use the Software to generate files that can be used within the Engine.
The License is non-exclusive, non-transferable and concluded for an indefinite period of time.
The Target Application must not contain any content, submissions or references that are prohibited by applicable law.
The Software may not be in any way used to commit a crime or other prohibited acts.
The Target Application may not be in any way used to commit a crime or other prohibited acts.
The Software may not be used for the purpose of causing any damage to third parties.
The Target Application may not be used for the purpose of causing any damage to third parties.
The User may not make any modifications to the Software, unless it has been clearly agreed in writing (under rigor of nullity) with the Author.
The User may not place the Software for download in whole or in part, unless it has been clearly agreed in writing (under rigor of nullity) with the Author.
The User may not share the Software for download in whole or in part, unless the above consists in providing a download link to the Author or other rules of making it available for download with the Author have been clearly agreed in writing (under rigor of nullity).
The User may not make the Software available for use to third parties, unless it has been clearly agreed in writing (under rigor of nullity) with the Author.
The User may not install the Software for third parties, unless it has been clearly agreed in writing (under rigor of nullity) with the Author.
The User may not use the Software to compete with the Author’s products.
The User may not, in any way, hide or modify information regarding the fact that the creator of the Software is the Author.
The User may not in any way mislead third parties as to the authorship and/or as to the entity entitled to intellectual property rights related to the Software, Engine, Additional Components and/or Educational Materials.
The User is obliged to comply with all rules related to downloading, installing, launching and using the Engine.
The User is obliged to comply with all rules related to downloading, installing, launching and using the Additional Components.
The User should inform about the content of the License when distributing the Target Application.
To the extent provided for by applicable law, the User retains the rights to the Target Application; however, this does not change the fact that in order to recognize that the provisions of the License have not been breached, the User must prove that the Target Application was not created for commercial purposes.
The User may not transfer their rights and obligations under the License to third parties in any way.
The Author does not provide support (including updates) for older versions of the Software (only the current version will be available on the Website).
The use of Educational Materials may only be based on licenses regulated in separate documents available on the Website.
The Help Desk is used based on the rules set out in separate documents available on the Website.
The Author is in no way obliged to provide or finance the User with conditions enabling the download, installation, launch and/or use of the Software, Engine, Additional Components or Target Application. For the avoidance of doubt, all technical, technological and organizational requirements are met by the User at their own expense and risk.
The Author in no way guarantees or informs that the Software may allow the User to create the results expected and/or acquire the expected skills and/or knowledge. The User must, on their own and at their own risk, assess and analyze the extent to which the Software may be useful to them, and in case of doubt they should contact the Author, however the Author’s answers also cannot be treated as a promise or obligation to achieve specific goals of the User, and are for general information only.
The Author does not make any guarantees or assurances (both express and implied) as to the suitability of the Software in the technical, technological, organizational, commercial or any other sphere.
The Author has not authorized any other persons to make any statements related to the Software on his behalf.
The Software is provided "as is" and therefore, to the greatest extent possible, the Author is not liable for defects, irregularities and damages directly or indirectly related to the Software. The Author does not provide the User with any guarantees and assurances (both express and implied) and, to the fullest extent possible, the Author excludes the possibility of invoking the warranty for defects.
The User is solely responsible for compliance with any rights related to the Engine and/or Additional Components, and if any claims are made against the Author due to the User's actions or omissions, the User undertakes to immediately release the Author from liability to the fullest extent permitted by applicable law.
The Author does not provide any binding advice, consultations, analyzes or other similar services and the User is obliged to analyze the Author's words on their own and at their own cost and risk and possibly use them in their own business or in the activities of third parties. If, due to the actions or omissions of the User, any claims are made against the Author, the User undertakes to immediately release the Author from liability to the fullest extent permitted by applicable law.
The User, to the fullest extent provided for by applicable law, bears sole responsibility for all circumstances related to the download, installation, sharing, launching, use and/or modification of the Software by the User. If, due to the actions or omissions of the User, any claims are made against the Author, the User undertakes to immediately release the Author from liability to the fullest extent permitted by applicable law.
The User, to the fullest extent provided for by applicable law, bears sole responsibility for all circumstances related to the Target Application. If, due to the actions or omissions of the User, any claims are made against the Author, the User undertakes to immediately release the Author from liability to the fullest extent permitted by applicable law.
To the fullest extent provided for by applicable law, the Author shall not be liable for any direct, indirect or incidental damages (including damages related to incurred losses or lost profits) related to the Software. If, due to the actions or omissions of the User, any claims are made against the Author, the User undertakes to immediately release the Author from liability to the fullest extent permitted by applicable law.
If due to the User's actions or omissions any damage is caused to the Creator (regardless of whether it results from a breach of contract, tort or other reasons), the User undertakes to immediately repair it to the fullest extent permitted by applicable law.
The license expires when the Software is uninstalled and the files enabling reinstallation of the Software are removed from all of the User's devices.
The License expires when any of the provisions of the License are breached.
The Author may at any time terminate the License with a 14-day notice period. The termination may be sent in a document form to the User. With the end of the notice period, the License expires.
With the expiry of the License, the User is obliged to uninstall the Software and to remove the files that allowed the User to install the Software on the devices used.
In the event of continued use of the License despite its expiration (in particular, continued possession of the Software installed, regardless of whether it is actually used), the User will be obliged to pay the Author a contractual penalty of USD 1,000 for each day of failure to fulfill the obligations referred to in pt. 21. The above does not exclude the possibility for the Author to claim further compensation in excess of the contractual penalty on general terms.
To the extent where it is not excluded by applicable law, it is agreed that Polish courts will have jurisdiction, the applicable law will be Polish law and the appropriate court will be the court determined for the address of residence or registered office of the Author.
The provisions of the License may be modified by the Author by introducing changes, adding or deleting content, and the modifications come into force on the day the current version of the License is made available on the Website. Users are obliged to verify on an ongoing basis whether the content of the License has not been modified and are obliged to comply with the latest provisions of the License.
If any of the provisions of the License prove to be invalid, ineffective or unenforceable, this fact will not affect the validity, effectiveness or enforceability of the remaining provisions. In the case referred to in the preceding sentence, efforts should be made to replace such a defective provision with a provision and/or interpretation which will most fully reflect the original wording.
Failure to exercise any rights and/or claims under the License by the Author may not result in the assumption that the Author has waived or resigned from them.
This License should be read to the extent that protects the rights and interests of the Creator to the maximum extent.
The License with the above content is valid from the date of March 18th, 2024.