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RPG Maker MZ User License Agreement

This User License Agreement (including the appended "Terms of Game Distribution"; henceforth "This Agreement") applies to all relationships between the purchaser (including individuals installing This Software on a computer or other device in the event said individual is distinct from the purchaser; henceforth "User") of "RPG Maker MZ" (henceforth "This Software"), a product of Gotcha Gotcha Games Inc. (henceforth "Company"). The User must read This Agreement closely prior to use of This Software. The User shall be deemed to have consented to This Agreement upon initiating installation of This Software. In the event the User is a minor, This Software shall be installed pursuant to consent (including consent to This Agreement) from a parent or other legal guardian. In the event that the User that was a minor upon consent to This Agreement reaches the age of majority and subsequently uses This Software, additional consent for use during the period said User was a minor shall be viewed as given.

Furthermore, in the event that terms of use and cautions, etc. (henceforth "Terms of Use, etc.") are stipulated by the Company on the official website (https://tkool.jp/support/) of This Software, the User must adhere to these Terms of Use, etc. as a unit with This Agreement. This Software uses the open source program "Qt". The terms of This Agreement do not apply to "Qt", instead, the "GNU Lesser General Public License" applies. See the end of This Agreement for the text thereof.

Article 1 (Installation)

The User may utilize This Software via installation thereof on a computer or other device (henceforth "User Device").

In the event the User owns multiple User Devices, and only in cases when the User is the authorized User of This Software on the basis of Article 3 Paragraph 1, in addition to the installation of the previous paragraph, the User may install This Software on a second User Device for purposes of use by the User only. However, even in such cases, the User may not permit use of This Software by a third party as installed on either User Device.

Article 2 (Network Authentication)

The User shall conduct network authentication of This Software after installation thereof, in accordance with methods separately stipulated by the Company.

The User acknowledges that, in the event that the network authentication of the previous paragraph is not completed in the standard fashion, This Software cannot be launched or used, regardless of the reasons for said non-completion.

Article 3 (User Registration)

The User shall conduct user registration for This Software upon commencing usage thereof, in accordance with methods separately stipulated by the Company, and shall become an authorized user (henceforth "Authorized User") of This Software upon completion of said user registration.

The User acknowledges that the Company does not offer support for usage, etc. of This Software for any user that has not completed the user registration of the previous paragraph.

Article 4 (Handling of Personal Information)

The Company will handle personal information provided by the User appropriately and in accordance with the law, pursuant to the terms stipulated in the "Privacy Policy" (https://www.gotchagotcha.jp/privacy.html) of the Company.

Article 5 (User License)

The Company provides a license for use of This Software in accordance with the following items only in cases when the User is the Authorized User.

(1) Production of original games (henceforth "User Games") using This Software (including computer programs which comprise This Software) and assets (including text, music, and images, etc.; henceforth collectively "Company Assets") contained within This Software. Furthermore, the User may not load, use, or otherwise utilize Company Assets into original games created with personally-created programs or game creation tools, etc. provided by a third party without the advance written consent of the Company.

(2) The transfer, lending, projection, public distribution, or enabling of transmission (henceforth collectively "Distribution, etc.") of User Games created pursuant to the previous item, regardless of whether compensated or uncompensated. However, note that the User must adhere to the "Terms of Game Distribution, etc." appended to This Agreement during said Distribution, etc.

Article 6 (Prohibitions)

The User will adhere to the user obligations set forth in This Agreement and the Terms of Use, etc. (henceforth collectively "This Agreement, etc.") and use This Software appropriately and within the law.

The User may not engage in any of the following during the use of This Software.

(1) Allow the use of This Software by a third party, as installed on a User Device, or installation of This Software on three (3) or more User Devices. However, terms of use may be resolved via separate consultation with and consent from the Company pursuant to advance application, in the event that multiple licenses are required by educational institutions, etc.

(2) Removal of security from This Software via utilization of bugs or malfunctions, etc., or via usage of This Software in any manner not permitted by the Company, including production of derivative software via adaptation, translation, or modification, etc. of This Software.

(3) The duplication, publication, projection, lending, sale, distribution, display, publish transmission, or enabling of transmission of This Software in whole or in part without the prior written consent of the Company, or separate Distribution, etc. of either the computer programs (henceforth "Company Programs") comprising This Software, or other Company Assets.

(4) Violations of This Agreement, etc.

(5) Infliction of damages on the Company, any other User, or any third party, or actions which threaten thereof.

(6) Any other actions the Company deems to be inappropriate.

In the event the User violates the previous two paragraphs, the Company may take measures such as issuing warnings to the User, etc. Furthermore, in the event the Company incurs damages from said violation, the User shall compensate for said damages.

Article 7 (Retention of Rights)

All copyrights, rights relating to copyrights, and other intellectual property rights concerning This Software (including Company Programs and Company Assets) are retained by the Company.

Copyrights, rights relating to copyrights, and other intellectual property rights concerning User Games (excluding Company Programs and Company Assets) and assets personally produced by the User (text, music, images, etc.) are retained by the User who produced said User Games and assets.

Article 8 (Disclaimers)

The Company is not liable in any way for damages the User may incur pursuant to use of This Software, excluding cases of malicious intent or negligence on the part of the Company.

In the event the Company is liable pursuant to the previous paragraph, excluding cases of malicious intent or negligence on the part of the Company, the representatives thereof, or employees thereof, damages that the User may seek from the Company are limited to standard and direct damages incurred by the User, and the Company is not liable in any fashion for special damages, indirect damages, lost profits, attorney fees, or similar damages incurred by the User. In no case shall the total amount of damages the Company is liable for exceed an upper limit of the purchase price actually paid for This Software by the User.

The Company will exercise reasonable caution in order to maintain the reliability of This Software, but makes no guarantee regarding the following items, wherein the User bears liability and responsibility for the use of This Software.

(1) Compatibility of This Software with specific objectives

(2) Reliability and stability of operation of This Software

The Company is not liable in any way for conflict or disputes between third parties and the User pursuant to use of This Software by the User, or pursuant to the production of User Games or Distribution, etc.

Article 9 (Amendments to This Agreement, etc.)

In the event of compatibility with general user benefits or of reasonable necessity, the Company may amend This Agreement, etc. without the consent of the User. In such cases, the Company shall give notice of amended items via the official website by the date one (1) month prior to the date said amendments take effect. The amended version of This Agreement, etc. shall take effect from the date of effect indicated by the Company on the official website. However, in the event that consent from the User is required by law for amendments, said consent shall be obtained in the way stipulated by the Company.

Article 10 (Interpretation of This Agreement, etc.)

The Japanese language version of This Agreement, etc. shall be the official version, and translations of This Agreement, etc. into other languages are provided only as reference. In the event of any discrepancy in the interpretation of said references and the official Japanese language version, interpretations of the official Japanese version shall take precedence.

Article 11 (Governing Law)

Japanese law shall be the governing law of This Agreement, etc., and Japanese law shall be used in its interpretation.

Article 12 (Jurisdiction)

In the event that litigation or arbitration is required in relation to This Agreement, the Tokyo District Court of Japan shall hold exclusive jurisdiction by advance mutual consent of the Company and the User.

[Appendix] Terms of Game Distribution, etc.

These terms of game distribution, etc. (henceforth "These Terms") stipulate terms for the Authorized User of This Software to produce and perform Distribution, etc. of User Games. The User must adhere to These Terms as a unit with the User License Agreement (henceforth "This Agreement") of This Software. Furthermore, in the absence of any specific stipulations, terminology used in These Terms shall be as defined in This Agreement.

Article 1 (Terms of Distribution, etc.)

The User may perform Distribution, etc. of User Games only in cases which satisfy all of the following items.

(1) The User is the Authorized User of This Software.

(2) User Games must not infringe upon the rights (copyrights, trademark rights, moral rights, or any other rights) or benefits belonging to third parties, and must not threaten infringement as such.

(3) User games must not contain computer viruses, and computer viruses and other harmful programs (including spam) must not be provided via User Games.

(4) User Games must not violate laws or public morality, or threaten such violations.

(5) User Games must not violate This Agreement, etc.

(6) The User may not take any other actions the Company deems inappropriate.

The User shall perform production and Distribution, etc. of User Games at personal liability and bear responsibility for expenses, and shall make no imposition therein on the Company.

Article 2 (Handling of Company Assets)

The User shall handle Company Assets contained in This Software as follows.

(1) Company Assets may be used only in User Games produced with This Software.

(2) Company Assets may be modified (colors or size changed, inverted, trimmed, etc.) only for purposes of use in User Games produced with This Software.

(3) Company Assets or those modified pursuant to the previous item may undergo Distribution, etc. with User Games produced with This Software. Furthermore, the User may not perform Distribution, etc. of individual Company Assets or those modified, or Distribution, etc. in combination with programs, etc. other than User Games. However, the User may duplicate, transfer, publicly transmit, or enable transmission of personally-modified Company Assets to other Authorized Users free of charge.

Article 3 (Notifications, etc. to Users)

The User shall give notice of or display the following items to users of User Games when performing Distribution, etc. of User Games.

(1) Clear indication within document attachments (within help files in cases without document attachments, or positioned in a visible location for users of User Games; the same shall apply henceforth) that said User Games were produced using This Software.

(2) The following notation of rights concerning This Software shall be displayed within document attachments.

- Notation: "©Gotcha Gotcha Games Inc./YOJI OJIMA 2020"

(3) Extraction of Company Programs or Company Assets from User Games and Distribution, etc. thereof (regardless of whether compensated or uncompensated) is prohibited.

(4) Extraction or modification of Company Programs or Company Assets from User Games is prohibited.

(5) Extraction of Company Assets from User Games for use in original games (regardless of whether compensated or uncompensated) is prohibited.

End

GNU LESSER GENERAL PUBLIC LICENSE

Version 3, 29 June 2007

Copyright © 2007 Free Software Foundation, Inc. <https://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.

“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.

The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

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You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

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If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

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The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:

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You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:

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c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.

d) Do one of the following:

0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.

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You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:

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6. Revised Versions of the GNU Lesser General Public License.

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If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.


RPG Maker MV EULA

The Japanese version of the Agreement shall be the original, and the English translation below is provided as a reference. Should discrepancies arise in the interpretation of the Japanese original and English translation, the interpretation of the Japanese agreement shall take precedence.

This End User License Agreement (henceforth, “Agreement,” including game distribution terms) shall apply to all relationships between Gotcha Gotcha Games Inc. (henceforth, “Company”) and the Purchaser (includes cases where a different person installs this Software on a computer device, and shall henceforth be referred to as the “User”) of the Company’s “RPG Maker MV” (henceforth, “Software”). The User, prior to using the Software, shall carefully read this Agreement. The User shall consent to this Agreement upon commencing use of the Software.
Furthermore, regarding the use of this Software, in the event the Company establishes usage conditions and cautionary items, etc. (henceforth, “usage conditions, etc.”) on its official website (http://www.rpgmakerweb.com/support) (henceforth, “official website”), the User shall consent to, and observe, these usage conditions, etc. as part of the Agreement.
Also, the Software uses the open-source program “Qt”, and the Agreement shall not apply. Refer to the text of the “GNU Lesser General Public License” at the end of the Agreement.

Article 1: Installation

1. The User may use the Software upon installing it on a single computer device compatible with the Software (henceforth, "user device").

2. In the event the User possesses multiple computer devices, the User may use, upon installation, the Software on a second user device for the purpose of sole use by the User limited to cases where the User is a Licensed User of the Software as defined by Article 3 Paragraph 1. However, even in such cases, the User shall not allow a third party other than the User to use the Software installed on either of the user devices.

Article 2: Network Authentication

1. The User shall, upon installing the Software, perform a network authentication for the Software following the method separately prescribed by the Company.

2. Should the network authentication in the previous Paragraph not be completed in an ordinary manner, regardless of reason, the User shall agree in advance that that the Software cannot be activated and used.

Article 3: User Registration

1. The User shall perform a User Registration of the Software in the manner separately prescribed by the Company upon commencing usage of the Software, and following completion of User Registration, shall become a Licensed User (henceforth, “Licensed User”) of the Software.

2. The User shall agree in advance that the Company shall provide no support regarding the use, etc. of this Software to Users who have not completed the User Registration described in the previous Paragraph.

Article 4: Handling of Personal Information

The Company shall handle personal information provided by the User in an appropriate and legal manner in accordance with the terms defined in the Company's “Privacy Policy” (https://www.gotchagotcha.jp/en/privacy.html).

Article 5: Licensing

The Company shall license use of the Software as follows limited to cases where the User is a Licensed User.
1. Creation of original games (henceforth, “User Games”) using the Software (including the computer programs comprising the Software) and the materials (referring to text, music, images, etc., henceforth, “Company Materials”) recorded in the Software. Furthermore, the User cannot record or use, etc. Company Materials in the original games they create using creation tools, etc. they created or provided by third parties without obtaining the Company’s advance written consent.
2. To transfer, rent, screen, public broadcast, or make transmittable (henceforth, generally referred to as “distribute, etc.”), whether for fee or gratis, the User Games created in accordance with the previous Paragraph. However, in such cases, the User shall abide by the
“Game Distribution Terms” appended to this Agreement.

Article 6: Prohibitions

1. The User, in using the Software, shall abide by the User obligations defined in the Agreement and usage conditions, etc. (henceforth, generally referred to as “Agreement, etc.”) and shall use the Software in an appropriate and legal manner.

2. The User, in using the Software, shall not commit the following acts.
  1. Acts where multiple persons use the Software installed on the two user devices in accordance with Article 1, Paragraph 2, and acts where the Software is installed and used on three or more user devices. However, in cases where educational institutions, etc. require multiple licenses, advance notice shall be given and usage conditions shall be determined in accordance with a separate consultation and agreement with the Company.
  2. Acts where the security features of the Software are disabled through using bugs or malfunctions, etc. in the Software, or through using the Software in a manner not permitted by the Company. Also, acts where derivative software is produced via adaptation or translation of the Software.
  3. Acts where the Software is reproduced, published, screened, rented, sold, disseminated, displayed, publically broadcasted, or made transmittable, etc., in whole or in part, without the prior written consent of the Company, and acts where the Software’s computer program (henceforth, “Company’s program”) and Company Materials are distributed, etc. independently.
  4. Acts in violation of the Agreement, etc.
  5. Acts that cause harm to the Company, other Users or third parties, as well as acts with such potential.
  6. Any other acts the Company deems improper.

3. Should the User violate the obligations of this Article, the Company may take measures such as issuing a warning to the user. The User shall provide compensatory damages for any damages incurred by the Company arising from the User’s violation of their obligations in this Article.

Article 7: Attribution of Rights

1. Copyrights, neighboring rights, and all other intellectual property rights pertaining to the Software (including Company programs and Company Materials) shall belong to the Company.

2. Copyrights, neighboring rights, and all other intellectual property rights pertaining to user games (excluding Company programs and Company Materials) and materials created by the User (text, music, images, etc.) shall belong to the relevant user game and the User who produced the relevant materials.

Article 8: Disclaimers

1. The Company shall bear no responsibility whatsoever for damages incurred by the User due to the use of the Software, except in cases of intentional acts or gross negligence by the Company.

2. Even in cases where the Company is liable in accordance with the previous Paragraph, except for intentional acts or gross negligence by the Company, the Company’s representatives, or the Company’s employees, damages for which the User can request compensation shall be limited to direct and ordinary damages incurred by the User, and the Company shall be in no way liable for special damages, indirect damages, lost income, and attorney’s fees, or any other such damages incurred by the User. In all circumstances, the total amount of compensatory damages to be borne by the Company shall not exceed the purchase price the User actually expended for the Software.

3. The Company shall exercise the utmost care in maintaining Software reliability, but no warranty whatsoever shall be provided for the following matters, and the User shall use the Software at their own responsibility and expense.
  1. The compatibility of this software toward specific objectives
  2. Reliability and stability of Software operation

4. The Company shall be in no way liable for problems and disputes occurring with third parties due to the User using the Software, and creating and distributing, etc., User Games.

Article 9: Modification to the Agreement, Etc.

The Company may modify the Agreement, etc. without the User’s consent. In such cases, the Company shall officially announce the modifications on its official website no earlier than one month prior to the date the changes are to take effect. The modified Agreement, etc. shall come into force from the date specified on the Company’s official website.

Article 10: Interpretation of the Agreement, Etc.

The Japanese version of the Agreement, etc. shall be the original, and versions of the Agreement, etc. translated into languages other than Japanese shall be created as reference translations. In the event discrepancies occur in the interpretation of the Japanese original and the reference translations, the interpretation of the Japanese original shall take precedence.

Article 11: Governing Law

This Agreement, etc. shall be governed by the laws of Japan, and shall be incorporated in accordance with the laws of Japan.

Article 12: Jurisdiction

In the event the usage, etc. of the Software, and the interpretation and application of the Agreement, etc. requires litigation, the User shall agree in advance that the Tokyo District Court (Japan) shall have exclusive jurisdiction as the court of first instance.


Supplemental Provisions: Game Distribution Terms

These user distribution terms (henceforth, “Terms”) define the creation and distribution, etc. of User Games by Licensed Users. Users shall abide by these Terms as part of the End User License Agreement (henceforth, “Agreement”). Also, definitions of terminology in these Terms shall be as defined in the Agreement unless otherwise specified.

Article 1: Terms of Distribution

1. The User shall be able to distribute, etc. User Games only in cases where the following conditions have been satisfied:
  1. The User is a Licensed User of the Software.
  2. The User Game does not infringe upon third-party rights (copyrights, trademark rights, moral rights, portrait rights, etc.) and interests, and there is no risk of such infringement.
  3. The User Game shall not be infected with computer viruses, and the User Game shall not be used to perform acts (including spamming) where malicious programs such as computer viruses, etc. are provided.
  4. User Games do not violate statutes, laws, regulations, orders, or public order, and there is no risk of such violations.
  5. User Games shall not violate the Agreement, etc.
  6. Any other acts the Company deems improper shall not be performed.

2. The User shall create and distribute, etc. User Games at their own responsibility and expense, and shall hold the Company harmless.

Article 2: Handling of Company Materials

The User shall handle the Company Materials recorded in the Software as follows.
1. Company Materials shall be used solely for User Games created with the Software.
2. Modification of Company Materials (changes in color, size, orientation, trimming, etc.) shall be solely for the purpose of use in User Games created with the Software.
3. Company Materials and Company Materials modified in accordance with the previous Paragraph shall be distributed, etc. with the User Game created with the Software. Furthermore, the distribution, etc. of Company Materials and modified Company Materials shall be permitted only when they are distributed, etc. with the User Game created with the Software. Company Materials and modified Company Materials may not be distributed, etc. independently, and they may not be combined with programs, etc. other than the User Game. However, the User may, without compensation, reproduce, transfer, publically broadcast, or make transmittable any Company Materials they modified themselves to another Licensed User.

Article 3: User Notification, Etc.

Upon distribution, etc. of the User Game, the User shall provide the following notifications or declarations to users of User Games.
1. Clearly indicate in the attached documentation (in the event there is no attached documentation, in the help file or in a location readily visible to the user of the User Game. The same shall apply hereafter) that the User Game was created using the Software.
2. The attached documentation shall have the following Statement of Rights.
● Statement of Rights: “©2015 GOTCHA GOTCHA GAMES/YOJI OJIMA”
3. Acts where the Company’s program and/or Company Materials are extracted from the User Game and distributed, etc. are prohibited, regardless of whether for fee or gratis.
4. Acts where the Company’s program and/or Company Materials are extracted from the User Game and modified are prohibited.
5. Acts where Company Materials are extracted from the User Game and used for self-authored games are prohibited, whether for fee or gratis.

END

GNU Lesser General Public License

Version 2.1, February 1999

Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

[This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

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Terms and Conditions for Copying, Distribution and Modification¥

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End of Terms and Conditions

How to Apply These Terms to Your New Libraries

If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).

To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

one line to give the library's name and an idea of what it does.
Copyright (C) year name of author

This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.

This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

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Also add information on how to contact you by electronic and paper mail.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for tweaking knobs) written by James Random Hacker.

signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice

That's all there is to it!

この使用許諾契約書(ゲーム配布条件を含み、以下「本契約」といいます)は、株式会社GOTCHA GOTCHA GAMES(以下「弊社」といいます)と、弊社製品『RPGツクールMV』(以下「本ソフトウェア」といいます)の購入者(購入者と、本ソフトウェアをコンピュータ機器にインストールする者が異なる場合には、当該インストールする者を含みます。以下「ユーザー」といいます)との間の一切の関係に適用されるものとします。ユーザーは、本ソフトウェアの使用に先立ち、必ず本契約をよくお読みください。ユーザーは、本ソフトウェアの使用を開始した時点で、本契約に同意したものとみなされます。
なお、本ソフトウェアの使用に関し、弊社が、本ソフトウェアの公式ウェブサイト(http://www.rpgmakerweb.com/support。以下「公式サイト」といいます)上で、本契約以外の利用条件及び注意事項等(以下「利用条件等」といいます)を定めた場合には、ユーザーは本契約と一体をなすものとして利用条件等を遵守するものとします。
また、本ソフトウェアには、オープンソース・プログラムである「Qt」を使用しています。「Qt」に関しては、本契約の条件は適用されず、「GNU Lesser General Public License」が適用されます。その内容は本契約書末尾をご参照ください。

第1条(インストール)1. ユーザーは、本ソフトウェア対応のコンピュータ機器(以下「ユーザー機器」といいます)1台に、本ソフトウェアをインストールのうえ使用することができます。

2. ユーザー自身がユーザー機器を複数台所有している場合、ユーザーは、第3条第1項に基づき本ソフトウェアの正規ユーザーとなった場合に限り、前項のインストールに加えて、ユーザーのみが使用することを目的として2台目のユーザー機器に本ソフトウェアをインストールのうえ使用することができます。但し、この場合でも、ユーザーは、2台のうちいずれかのユーザー機器にインストールされた本ソフトウェアを、ユーザー以外の第三者に使用させることはできないものとします。第2条(ネットワーク認証)1. ユーザーは、本ソフトウェアのインストール後、弊社が別途定める方法に従って、本ソフトウェアのネットワーク認証を行うものとします。

2. ユーザーは、前項のネットワーク認証が正常に完了しなかった場合、理由の如何を問わず、本ソフトウェアの起動及び使用ができなくなることにつき、予め承諾するものとします。第3条(ユーザー登録)1. ユーザーは、本ソフトウェアの使用開始にあたり、弊社が別途定める方法に従って、本ソフトウェアのユーザー登録を行うものとし、当該ユーザー登録の完了をもって、本ソフトウェアの正規ユーザー(以下「正規ユーザー」といいます)となるものとします。

2. 弊社は、前項のユーザー登録を完了していないユーザーに対しては、本ソフトウェアの使用等に関するサポートを一切行わないものとし、ユーザーはこの旨予め承諾するものとします。第4条(個人情報の取り扱い)弊社は、ユーザーから提供された個人情報については、弊社の「プライバシーポリシー(https://www.gotchagotcha.jp/en/privacy.html)」の定めるところにより、適正かつ適法に取り扱うものとします。第5条(使用許諾)弊社はユーザーに対し、ユーザーが正規ユーザーとなった場合に限り、次のとおり本ソフトウェアを使用することを許諾します。
① 本ソフトウェア(本ソフトウェアを構成するコンピュータ・プログラムを含みます)及び本ソフトウェアに収録されている素材(文章、音楽、画像等をいい、以下総称して「弊社素材」といいます)を使用して、オリジナルのゲーム(以下「ユーザーゲーム」といいます)を制作すること。なお、ユーザーは、弊社の書面による事前の承諾を得ることなく、自作プログラム及び弊社以外の第三者が提供するゲーム作成ツール等で作成したオリジナルゲームに、弊社素材を収録、利用等することはできません。
② 前号に基づいて作成したユーザーゲームを、有償・無償を問わず、譲渡、貸与、上映、公衆送信、送信可能化(以下総称して「配布等 」といいます)すること。但しこの場合、ユーザーは、本契約附則の「ゲーム配布条件」を遵守するものとします。第6条(禁止事項)1. ユーザーは、本ソフトウェアの使用にあたり、本契約及び利用条件等(以下総称して「本契約等」といいます)に定めるユーザーの義務を遵守し、適正かつ適法に使用するものとします。

2. ユーザーは、本ソフトウェアの使用にあたり、次の行為を行ってはならないものとします。
① 第1条第2項に基づき2台のユーザー機器にインストールされた本ソフトウェアを複数の者が使用する行為。及び、3台以上のユーザー機器に本ソフトウェアをインストールして使用する行為。但し、教育機関等において複数のライセンスを必要とする場合は、事前に弊社に申し入れ、弊社と別途協議及び合意するところにより使用条件を取り決めるものとします。
② 本ソフトウェアのバグ、不具合等を利用することにより、あるいは弊社が許容していない方法で本ソフトウェアを使用することにより、本ソフトウェアのセキュリティを解除する行為。また、本ソフトウェアを翻案、翻訳することにより、派生的なソフトウェアを制作する行為。
③ 弊社の書面による事前の承諾を得ることなく、本ソフトウェアの全部又は一部を複製、出版、上映、貸与、販売、配布 、展示、公衆送信、送信可能化等する行為。及び、本ソフトウェアを構成するコンピュータ・プログラム(以下「弊社プログラム」といいます)、弊社素材を、それぞれ単独で配布等する行為。
④ 本契約等に違反する行為。
⑤ 弊社、他のユーザー、その他の第三者に損害を与える行為、又はその恐れのある行為。
⑥ その他、弊社が適当でないと判断する行為。

3. ユーザーが本条の義務に違反した場合、弊社はユーザーに対して、警告を行う等の措置を取ることがあります。ユーザーが本条の義務に違反したことにより弊社に損害を生じた場合には、ユーザーは当該損害を賠償するものとします。第7条(権利帰属)1. 本ソフトウェア(弊社プログラム及び弊社素材を含みます)に関する著作権、著作隣接権、その他の知的財産権は、弊社に帰属します。

2. ユーザーゲーム(弊社プログラム及び弊社素材を除きます)及びユーザー自身が制作した素材(文章、音楽、画像等)に関する著作権、著作隣接権、その他の知的財産権は、当該ユーザーゲーム及び当該素材を制作したユーザーに帰属します。第8条(免責事項)1. 弊社は、本ソフトウェアを使用することによりユーザーに生じた損害については、弊社に故意又は過失のある場合を除き、一切責任を負わないものとします。

2. 前項により弊社が責任を負う場合も、弊社、弊社代表者又は弊社従業員に故意又は重大な過失がある場合を除き、ユーザーが弊社の賠償を請求することができる損害は、ユーザーに生じた直接かつ通常の損害に限られ、ユーザーの特別損害、間接損害、逸失利益及び弁護士費用並びにこれらに類する損害については、弊社は一切責任を負わないものとします。いかなる場合においても、弊社が負う損害賠償責任の累計額は、当該ユーザーが実際に支出した本ソフトウェアの購入代金を上限とします。

3. 弊社は、本ソフトウェアの信頼性を維持するため最大限の注意を払いますが、次の内容は一切保証しないものとし、ユーザーは、本ソフトウェアを自己の責任と負担にて使用するものとします。
① 本ソフトウェアの特定の目的への適合性
② 本ソフトウェアの動作の確実性及び安定性

4. 弊社は、ユーザーが本ソフトウェアを使用すること、並びにユーザーゲームを制作及び配布等することにより、第三者との間で生じたトラブル及び紛争等に関しては、一切責任を負わないものとします。第9条(本契約等の変更)弊社は、ユーザーの承諾を得ることなく、本契約等を変更することができるものとします。この場合、弊社は、変更の効力発生日の1ヶ月前までに、変更事項を公式サイト上で告知します。変更後の本契約等は、弊社が公式サイト上で指定した効力発生日から効力を生じるものとします。第10条(本契約等の解釈)本契約等の正本は日本語版であり、日本語以外の言語に翻訳された本契約等は参考訳として作成されたものです。日本語版正本と当該参考訳との間に解釈の齟齬がある場合には、日本語版正本の解釈が優先されます。第11条(準拠法)本契約等は、日本国法に準拠し、日本国法に従って解釈されるものとします。第12条(合意管轄)本ソフトウェアの使用等並びに本契約等の解釈及び適用に関して訴訟の必要が生じた場合、日本国の東京地方裁判所を第一審の専属的管轄裁判所とすることにつき、ユーザーは予め合意するものとします。

[附則]ゲーム配布条件

このユーザー配布条件(以下「本条件」といいます)は、本ソフトウェアの正規ユーザーがユーザーゲームを制作し、配布等することについて定めたものです。ユーザーは、本ソフトウェアの使用許諾契約(以下「本契約」といいます)と一体をなすものとして、本条件を遵守するものとします。また、本条件で使用する用語の定義は、特段の定めのない限り、本契約で定義するとおりとします。

第1条(配布にあたっての条件)1. ユーザーは、次の条件を満たした場合に限り、ユーザーゲームを配布等できるものとします。
① 本ソフトウェアの正規ユーザーであること。
② ユーザーゲームが第三者の権利(著作権、商標権、名誉権、肖像権等)及び利益を侵害しておらず、かつ侵害する恐れのないこと。
③ ユーザーゲームがコンピュータウィルスに感染していないこと、及びユーザーゲームを通じてコンピュータウィルス等の有害なプログラムを提供する行為(スパム行為を含みます)を行わないこと。
④ ユーザーゲームが法令、法律、規則、命令、公序良俗に違反していないこと、又は違反する恐れのないこと。
⑤ ユーザーゲームが本契約等に違反していないこと。
⑥ その他、弊社が適当でないと判断する行為をしていないこと。

2. ユーザーは、ユーザーゲームの制作及び配布等については、自己の責任と費用負担にて行うものとし、弊社には一切迷惑を掛けないものとします。第2条(弊社素材の取扱い)ユーザーは、本ソフトウェアに収録されている弊社素材を、次のとおり取り扱うものとします。
① 本ソフトウェアで制作されたユーザーゲームに限り、弊社素材を使用すること。
② 本ソフトウェアで制作されたユーザーゲームに使用する目的に限り、弊社素材の改変(色の変更、サイズの変更、反転、トリミング等)を行うこと。
③ 弊社素材、及び前号に基づき改変した弊社素材を、本ソフトウェアで制作されたユーザーゲームと一緒に配布等すること。なお、弊社素材及び改変後の弊社素材は、本ソフトウェアで制作されたユーザーゲームと一緒に配布等される場合に限って配布等が認められるものです。弊社素材及び改変後の弊社素材を単独で配布等したり、ユーザーゲーム以外のプログラム等と組み合わせて配布等することはできません。但し、ユーザーは、自ら改変した弊社素材を、他の正規ユーザーに対して無償で複製、譲渡、公衆送信、送信可能化することができるものとします。
第3条(利用者への告知等 )ユーザーは、ユーザーゲームの配布等にあたっては、ユーザーゲームの利用者に対し、次の事項を告知又は表記するものとします。
① 添付ドキュメント内(添付ドキュメントがない場合にはヘルプファイル内又はユーザーゲームの利用者が視認できる位置。以下同じ)に、ユーザーゲームが本ソフトウェアで制作されたものであることを明示すること。
② 添付ドキュメント内に、次の権利表記を行うこと。
●権利表記: 「©2015 GOTCHA GOTCHA GAMES/YOJI OJIMA」
③ ユーザーゲームから弊社プログラム及び/又は弊社素材を抽出して配布等する行為(有償・無償を問いません)を禁じること。
④ ユーザーゲームから弊社プログラム及び/又は弊社素材を抽出して改変する行為を禁じること。
⑤ ユーザーゲームから弊社素材を抽出して自作のゲームに利用する行為(有償・無償を問いません)を禁じること。

以上

RPG MAKER VX ACE End User License Agreement – September 1st, 2020

Important, Read Carefully.

THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END-USER (THE “LICENSEE”) AND GOTCHA GOTCHA,INC.(“LICENSOR”) BY INSTALLING OR USING “RPG MAKER VX ACE” (THE “SOFTWARE”), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, PROMPTLY DELETE THE SOFTWARE FROM YOUR COMPUTER.

  • A. Ownership

LICENSOR retains all title, copyright and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.

  • B. License

LICENSOR grants to Licensee a non-exclusive, non-assignable license to use the Software on only one (1) computer by installing the Software, and Licensee cannot use the Software concurrently by and on multiple computers.

  • C. Restriction

Licensee shall not reverse engineer, de-compile, or disassemble the Software.

Further, Licensee shall not sell, assign, lease, sublicense, encumber, or otherwise transfer the Software without the written consent of LICENSOR.

  • D. User registration

Licensee shall promptly sign up and register required information as a user of the Software. Licensor will provide support, via on-line basis and only the scope designated by Licensor, to the Licensee who completed the registration process in accordance with Licensor’s direction. Such support shall be provided on “as-is” basis without any warranty in any manner.

  • E. Distribution rights

Licensee may, at its sole discretion and its own risk, distribute the game (“Game”) originally created by Licensee by utilizing the Software with the following conditions;

  1. Only Licensee who properly completed the user registration may distribute its own Game;
  2. The Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold LICENSOR harmless against any claim/suit/proceeding brought against LICENSOR arising out of or in connection with the Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party; and
  3. Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.
  • F. Termination

This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon termination of this Agreement, Licensee shall cease using the Software, shall delete the Software and Game from its computers and shall either return to LICENSOR or destroy the Software. If Licensee elects to destroy the Software, then Licensee shall certify in writing to LICENSOR the destruction of the Software.

  • G. Limited Warranties and Disclaimers.

LICENSOR does not warrant that the Software will meet Licensee’s requirements, that the Software will operate in combinations other than as specified in the Documentation, that the operation of the Software will be uninterrupted or error-free or that Software errors will be corrected.

LICENSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • H. Liability Limitation

NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO LICENSOR WITH RESPECT TO THIS AGREEMENT.

  • I. Entire Agreement.

This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.

  • J. Governing Law and Jurisdiction

This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.

What is RPG Maker VX Ace Runtime Package?

RPG MAKER VX Ace Runtime Package (RTP) is a collection of materials. It contains graphic, music (.ogg) and dll files which you can use when creating your own games with RPG MAKER VX Ace. So please ensure to install this RTP before you install RPG MAKER VX Ace. Using this RTP, you can reduce the total size of your game files created with VX Ace. If you want to play the games created with VX Ace, you need to install this RTP before you play the games.

RPG Maker VX Ace Runtime Package - End User License Agreement (Mar. 15th, 2012)

THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE END-USER (THE "LICENSEE") AND GOTCHA GOTCHA GAMES, INC. ("LICENSOR"). BY INSTALLING OR USING "RPG MAKER VX ACE RUNTIME PACKAGE" (THE "RTP SOFTWARE"), YOU, THE LICENSEE, ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE RTP SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, PROMPTLY DELETE THE RTP SOFTWARE FROM YOUR COMPUTER.

  1. LICENSOR grants to Licensee a non-exclusive, non-assignable, fee-free license to use the RTP SOFTWARE only for the purpose to play the game created and distributed by RPG MAKER VX Ace users who shall complete the registration procedure.
  2. Licensee shall not reverse engineer, de-compile, or disassemble the RTP SOFTWARE. Further, Licensee shall not sell, distribute, assign, lease, sublicense, encumber, or otherwise transfer the RTP SOFTWARE and/or its data without any prior written consent of LICENSOR.
  3. This Agreement and the license granted hereunder automatically terminates if Licensee breaches any provision of this Agreement. Immediately upon termination of this Agreement, Licensee shall cease using the RTP SOFTWARE, shall delete the RTP SOFTWARE from its computers and shall either return to LICENSOR or destroy the RTP SOFTWARE. If Licensee elects to destroy the RTP SOFTWARE, then Licensee shall certify in writing to LICENSOR the destruction of the RTP SOFTWARE.
  4. LICENSOR does not warrant that the RTP SOFTWARE will meet Licensee's requirements, that the RTP SOFTWARE will operate in combinations other than as specified in the Documentation, that the operation of the RTP SOFTWARE will be uninterrupted or error-free or that RTP SOFTWARE errors will be corrected. LICENSOR HEREBY DISCLAIMS ANY AND ALL REPRESENTATION AND WARRANTIES IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  5. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES AND EXPENSES HEREUNDER OR RELATING HERETO (WHETHER IN AN ACTION IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES PAID TO LICENSOR WITH RESPECT TO THIS AGREEMENT.
  6. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.
  7. This Agreement will be interpreted and enforced in accordance with the laws of Japan without regard to choice of law principles. Any and all dispute arising out of or in connection with this Agreement shall solely be resolved by and at Tokyo District court, Tokyo, Japan.

Note for using VX Ace RTP with other RPG MAKER products

The materials included in RPG MAKER VX Ace RTP can be used with other RPG MAKER products from LICENSOR as long as you own both RPG MAKER VX Ace and other RPG MAKER products. For example, if you already own RPG MAKER VX and you want to use any materials included in the VX Ace RTP with RPG MAKER VX, you need to purchase and own RPG MAKER VX Ace also.

How to Install RPG Maker VX Ace RTP

  1. Run Setup.exe in RTP100 folder to start installation program.
  2. Follow the on-screen instruction to finish the installation.

How to Get the Latest Information

Please visit our official RPG MAKER web site below.

http://www.RPGMakerWeb.com

(C) 2012 GOTCHA GOTCHA GAMES, INC./YOJI OJIMA

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