SONGBIRD EDITOR 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 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.
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.
"Non-Commercial License" – a license based on which the Software may be used, not least for purposes that are neither directly nor indirectly commercial in nature; the license is included as part of the Documentation.
The Software may be used either after concluding the License or the Non-Commercial License with the Author.
By concluding the License, the User warrants and guarantees that:
has full legal capacity, including the ability to conclude, implement and maintain the provisions of the License in a binding and effective manner,
has full capacity to incur liability for damages and criminal liability towards the Author and third parties in the event of updating the conditions for holding the User liable,
a natural person concluding a License agreement with the Author is either the User themselves or a natural person authorized to make valid and binding declarations of will and knowledge on behalf of and for the User,
all personal data provided to the Author in connection with the conclusion of the License and during its term will be up-to-date, real and the User will be entitled to provide them to the Author in order to achieve the objectives related to the License,
all information provided by the User, persons acting on their behalf or with their consent in connection with the License or in connection with the Software will be up-to-date, complete and reliable, and the persons providing such information will be fully authorized to do so and it will not violate the rights of third parties,
before concluding the License, the User obtained all information necessary for a complete analysis of the legitimacy of concluding the License, including the necessity to pay fees to the Author and provide the Author with information necessary to determine the actual amount of fees charged to the User, as well as the fact that the Creator is not obliged to individually train the User and persons indicated by him in the scope of using the Software,
before concluding the License, the User obtained all information necessary for a complete analysis of the functionality, possibilities and limitations of the Software in the scope related to the use of the Software by the User under the License, including the fact that the Software does not include the ability to make microtransactions as part of its functionality,
before concluding the License, the User analyzed in detail and with understanding all the requirements and limitations as well as the rules of commercial use of the Engine and the Additional Element.
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 for all purposes, except for those that are prohibited by applicable law, may result in a violation of applicable law, may result in the violation of the rights of a third party or may cause damage to a third party,
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.
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 following rules for payment to the Author are hereby established:
The User will be obliged to pay the amount corresponding to 25% of the income that will be generated in connection with the Target Application, whereby the income for the purposes of the License is considered to be the revenue minus the fees charged by the store where the Application is displayed.
The fee will be billed on a monthly basis (once a calendar month).
The fee will be due by the 15th day of the month following the month to which the fee applies.
Fee will be due for each Target Application.
The fee will be settled in US dollars, which means that if income is generated in a different currency, it will be converted into US dollars in accordance with the US Treasury conversion rate on the last day of the month to which the fee applies.
In connection with the payment, the Author will issue an accounting document in the form of a VAT invoice to the User.
For the avoidance of doubt, examples of situations based on which the fee will be calculated are presented below:
Revenue 1000 USD through sales on the Apple App Store, in which case the fee is 175 USD as a consequence of applying the equation (1000 - 30%) * 25%
Revenue 1700 euros through sales on the Google Play Store, in which case the fee is 399.39 USD and is the consequence of applying the equation (1700 * 1.1056 - 15%) * 25%
Due to delay in payment of the fee to the Author, maximum interest will be charged for each day of delay in payment.
The User is obliged to provide the Author with monthly reports containing information on the number of downloads of the Target Application and the User's related revenues and costs collected by the website/application that allows publishing and downloading the Target Application; failure to provide information will result in recognizing that the License has been grossly breached.
Lack of timely and full payment of the Author's fee will be considered a gross violation of the License.
The User is obliged to immediately (not later than within 3 days of receipt) provide the Author with any information related to the use of the License, use of the Software and commercialization of the Target Application.
In the case of actions of the User's employees, User's associates, User's representatives or other persons acting on behalf of or with the consent (even implied) of the User, it is assumed that the User will be responsible for the actions and omissions of such persons as for their own actions and omissions.
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.
Each of the Parties may terminate the License at any time with a 60-day notice period effective at the end of a calendar month. The notice may be sent in documentary form. With the end of the notice period, the License expires.
In the event of a breach of the License, the Author may terminate the License with a 7-day notice period. The notice may be sent in documentary form. With the end of the notice period, the License expires.
For the avoidance of doubt in connection with the expiration of the License:
The User may not use any elements of the Software's source code,
You may not use any source code elements generated by the Software,
The User may not obtain any benefits from Target Applications, except for paying fees to the Author,
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 1000 USD for each day of failure to fulfill the obligations referred to in pt. 25. The above does not exclude the possibility for the Author to claim further compensation in excess of the contractual penalty on general terms.
In the event of failure to provide the reports referred to in pt. 6.9 the User will be obliged to pay the Author a contractual penalty in the amount of 200 USD for each day of failure to fulfill the above obligation. The above does not exclude the possibility for the Author to claim further compensation exceeding the contractual penalty on general terms.
In the absence of providing the information referred to in pt. 7 the User will be obliged to pay the Author a contractual penalty in the amount of 200 USD for each day of failure to fulfill the above obligation. The above does not exclude the possibility for the Author to claim further compensation exceeding 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. If the User does not accept the changes to the License they are obliged to submit a declaration of termination of the License.
Changes to the License may not result in an increase in fees for the Author in the scope of Target Applications created and commercialized before the changes were made.
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.