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Licensing Agreement

A. Preamble

1. Parties and definitions

The following Licences (the “Agreements”) constitutes an agreement between you (the “Licensee”) and the seller of the asset you have purchased (“Seller”). Licensee may not use any content without agreeing to the terms set forth in this Agreement. If Licensee does not agree to these Agreements, or any other Agreements that may be incorporated by reference therein, usage of content is not permitted.

As used in this agreement, “Licensed Content” refers to any content downloaded from the Scirra store that are distributed under the terms of this agreement that have been paid for in full. “Work for Distribution” refers to a derivative work incorporating the Licensed Content under the terms of this agreement.

2. End User License Agreement

All content is covered by the Scirra Store EULA:
https://www.scirra.com/store/eula

3. Special Item Conditions

A few items have additional terms and conditions listed under “Special Product Conditions” on this page:
https://www.scirra.com/store/terms-and-conditions
Please check the above page for special terms before purchase.

4. Modification of Agreements

Modification outside the terms of this Agreement is only permitted with explicit written permission from the respective copyright holders.

5. No Warranties

Scirra Ltd and the Sellers expressly disclaim any warranty for all Licensed Content in the Scirra Store. The Licensed Content is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The Sellers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Licensed Content. Sellers make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Sellers further expressly disclaim any warranty or representation to Authorized Users or to any third party.

6. Limitation of Liability

In no event shall Scirra Ltd or the Sellers be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Licensed Content, even if Scirra Ltd or the Sellers have been advised of the possibility of such damages. In no event will Scirra Ltd or the Sellers be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Scirra Ltd and the Sellers shall have no liability with respect to the Licensed Content of the Scirra Store or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

B. Construct 2 License

1. Free Edition

The Free Edition is permitted for use by anyone for non commercial use. Commercial use counts as but is not limited to: use within any business (other than limited testing for suitability), generating advertising revenue, selling or licensing generated content or intention or capability to generate revenue.

2. Personal Edition

Personal Edition Licenses are permitted for use by one named individual. No one else apart from this named individual is permitted to make use of the license. Personal Edition Licenses are strictly prohibited for use within business organisations (these organisations must use Business Edition Licenses) except in the instance of Startup Businesses (refer to b.4 for more information).

The license is non transferable in any way, including but not limited to: resale, transfer of license/rights, lending.

The individual is permitted to make up to $5,000 USD lifetime revenue (or equivalent in other currencies/payments/benefits) from their creations. This includes but is not limited to revenue generated through advertisments, in app purchases, sale of content, licensing of content, contract work.

If you generate more than the above stated revenue you must upgrade your Personal Edition License into a Business Edition license within 14 days regardless of if you intend to continue use of your license or not.

3. Business Edition

Business Edition licenses are permitted for use by anyone. They have no limits on revenue generation.

Business purchasing these licenses can either:

  1. Issue the license to a named employee. This employee is permitted to install and use the license on any machine for activities relating to the Business who purchased the license. No one else in the business is permitted to make use of this license in any capacity.
  2. To a single machine. The license may be installed on a maximum of one machine at any one time, for use by only one concurrent user.

If the license is issued to a named employee and that employee is no longer under employment by the business, the license is no longer valid for use. You are allowed a reissue of the license, to do this please email a copy of the license to Scirra. We will then revoke the Business License and issue you with a new Business License.

4. Startup Business

A startup business (“Startup”) is one that has generated less than $5,000 USD lifetime revenue (or equivalent in other currencies/payments). Startups are permitted to use Personal Edition Licenses in their business. For every employee that requires to work with Construct 2, a Personal Edition License must be issued to them. Only this employee is permitted to make use of the license.

When the Startup has generated more than the permitted lifetime revenue, all Personal Edition Licenses must be upgraded to Business Edition Licenses within 14 days.

5. Business Edition Upgrade

If you upgrade your Personal Edition to a Business Edition via the upgrade item, your Personal Edition License will be cancelled and a new Business Edition License will be issued to you which is covered under the Business Edition License above.

6. Content Generated in Construct 2

You own all the rights to any content you generate in Construct 2, you do not need to pay any Royalties for any content you create or publish to Scirra. If you are using content that is copyrighted to third parties you will need their express permission to use their content in your work before you can use/publish it.

7. Modification

Without express written permission from Scirra you are not permitted to reverse engineer any part of the Construct 2 software or the Construct 2 licensing system. You are not permitted to distribute or generate your own licenses or versions of Construct 2 designed to circumvent restrictions on usage.

8. License Duration

Licenses for Construct 2 are indefinite and entitle you to free updates to any future releases of the Construct 2 editor for life permitting you are in possession of a valid and fully paid for license and you have not broken any terms of this agreement.

C. Royalty Free Licensed Assets

1. Grant of license

This Agreement is a license, not an agreement of sale. Licensee shall not acquire any copyright ownership or equivalent rights to any of the Licensed Content. Seller and the Licensed Content sources retain all right, title and interest in and to all of the copyrights, trademarks, and all other proprietary rights in the Licensed Content. All rights in and to Licensed Content not expressly granted in this agreement are retained by Seller or its suppliers.

Licensee may provide access to Licensed Content to no more than ten Authorised Users simultaneously, provided that access to Licensed Content is used solely for the purpose of creation or reproduction of Works for Distribution made by or on behalf of Licensee.

Licensee may use the Licensed Content in up to 1 commercial projects. A commercial project is one defined as a Work for Distribution launched with the capability to generate revenue, or intention to generate revenue through the sale of, licensing of, or otherwise intend to generate revenue directly from the Work for Distribution. If Licensee wishes to use the Licensed Content in more than 1 commercial projects they will need to purchase an additional License or the Licensed Content at the exclusive price if one is available (c.4).

Licensee is permitted to use the Licensed Content in unlimited free projects. A Free Project is one defined as a Work For Distribution that generates zero revenue, has generated zero revenue and does not have the capability to generate revenue in any form.

2. Restriction on Use

Licensed Content may not be used contrary to any restriction on use indicated herein.

Licensed Content may not be resold, sublicensed, assigned, transferred or otherwise made available to third parties except as incorporated into Works for Distribution. Licensed Content may not be distributed to third parties as standalone files or in a way that unreasonably permits the recipient to extract the Licensed Content for use separately and apart from the Work for Distribution.

Licensee may not distribute the Licensed Content in any library or reusable template, including but not limited to game templates, website templates intended to allow reproduction by third parties on electronic or printed products. Licensee may not distribute Licensed Content in a manner meant to enable third parties to create derivative works incorporating Licensed Content.

Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell audio tracks as backgrounds, hold music, ringtones etc.

Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.

Licensee shall not use the Licensed Content in a manner that violates the law of any applicable jurisdiction.

Licensee shall not claim copyright or attribution of Licensed Content.

Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether directly or in context or juxtaposition with other materials.

3. Term and Termination

The license contained in this Agreement terminates automatically without notice from Seller if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must with immediate effect stop using the Licensed Content, destroy, delete and remove the Licensed Content from Licensee’s premises, computer systems and storage. Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

4. Exclusive Licensed Content Pricing

If you purchase an asset an an exclusive price, you are also bound by all terms in this License (c). An exclusive price means that the item from that point onwards will be delisted from the Scirra store and no longer for sale. Non exclusive licenses may have already been sold up to that point. Use the sales figures published on the items page for indication of how many have been sold to date. Licensed Content purchased at an exclusive price are permitted for use on unlimited projects within the terms of this Agreement.

5. Refunds

If you receive a refund for payment of Licensed Content in part or full that you requested, your license is terminated with immediate effect and you must follow all termination procedures listed in (c3). If you purchased Licensed Content at an exclusive price it may be relisted for sale in the store.

D. Games

1. Usage

Games are for personal use only. You may not use the games or any part of the games content for any commercial, promotional, institutional, corporate or teaching purposes.

Each game you purchase can only be downloaded to and stored on a maximum of 5 devices and/or computers at any one time.

You are not permitted to share any games you purchase. This includes but is not limited to, peer-to-peer networks, file sharing websites, family, friends, colleagues, internet communities.

You are not permitted to modify or reverse engineer the games in any way (including but not limited to removal of copyright notices).

You are not permitted to copy or publish the games, or any part of the games content (text or graphics).

E. Games With Source

1. Grant of license

This Agreement is a license, not an agreement of sale. Licensee shall not acquire any copyright ownership or equivalent rights to any of the Licensed Content. Seller and the Licensed Content sources retain all right, title and interest in and to all of the copyrights, trademarks, and all other proprietary rights in the Licensed Content. All rights in and to Licensed Content not expressly granted in this agreement are retained by Seller or its suppliers.

Licensee may provide access to Licensed Content to no more than ten Authorised Users simultaneously, provided that access to Licensed Content is used solely for the purpose of creation or reproduction of Works for Distribution made by or on behalf of Licensee.

Licensee may use the Licensed Content in up to 1 commercial projects. A commercial project is one defined as a Work for Distribution launched with the capability to generate revenue, or intention to generate revenue through the sale of, licensing of, or otherwise intend to generate revenue directly from the Work for Distribution. If Licensee wishes to use the Licensed Content in more than 1 commercial projects they will need to purchase an additional License or the Licensed Content at the exclusive price if one is available (c.4).

Licensee is permitted to use the Licensed Content in unlimited free projects. A Free Project is one defined as a Work For Distribution that generates zero revenue, has generated zero revenue and does not have the capability to generate revenue in any form.

2. Restriction on Use

Licensed Content may not be used contrary to any restriction on use indicated herein.

Licensed Content may not be resold, sublicensed, assigned, transferred or otherwise made available to third parties except as incorporated into Works for Distribution. Licensed Content may not be distributed to third parties as standalone files or in a way that unreasonably permits the recipient to extract the Licensed Content for use separately and apart from the Work for Distribution.

Licensee may not distribute the Licensed Content in any library or reusable template, including but not limited to game templates, website templates intended to allow reproduction by third parties on electronic or printed products. Licensee may not distribute Licensed Content in a manner meant to enable third parties to create derivative works incorporating Licensed Content.

Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell audio tracks as backgrounds, hold music, ringtones etc.

Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.

Licensee shall not use the Licensed Content in a manner that violates the law of any applicable jurisdiction.

Licensee shall not claim copyright or attribution of Licensed Content.

Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether directly or in context or juxtaposition with other materials.

3. Term and Termination

The license contained in this Agreement terminates automatically without notice from Seller if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must with immediate effect stop using the Licensed Content, destroy, delete and remove the Licensed Content from Licensee’s premises, computer systems and storage. Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

4. Exclusive Licensed Content Pricing

If you purchase an asset an an exclusive price, you are also bound by all terms in this License (c). An exclusive price means that the item from that point onwards will be delisted from the Scirra store and no longer for sale. Non exclusive licenses may have already been sold up to that point. Use the sales figures published on the items page for indication of how many have been sold to date. Licensed Content purchased at an exclusive price are permitted for use on unlimited projects within the terms of this Agreement.

5. Refunds

If you receive a refund for payment of Licensed Content in part or full that you requested, your license is terminated with immediate effect and you must follow all termination procedures listed in (c3). If you purchased Licensed Content at an exclusive price it may be relisted for sale in the store.

F. E-Books

1. Usage

E-books are for personal use only. You may not use the e-books or any part of the e-books content for any commercial, promotional, institutional, corporate or teaching purposes (teaching is only permitted on the condition each student owns a valid license for the e-book).

Each e-book you purchase can only be downloaded to and stored on a maximum of 5 devices and/or computers at any one time.

You are not permitted to share any e-books. This includes but is not limited to, peer-to-peer networks, file sharing websites, family, friends, colleagues, internet communities.

You are not permitted to modify the books in any way (including but not limited to removal of copyright notices) except to convert it to other file formats for your own personal use within the bounds of this license.

You are not permitted to copy or publish the e-books, or any part of the e-books content (text or graphics).

G. Tools

1. Usage

Tools are for personal use only. 1 purchase of a tool permits usage for 1 individual user. The license for all tools is not transferable in any way, including but not limited to lending, resale, transfer of rights/license.

Each tool you purchase can only be downloaded to and stored on a maximum of 5 devices and/or computers at any one time.

You are not permitted to modify or reverse engineer the tools in any way (including but not limited to removal of copyright notices).

You fully own all copyright and other rights to any content you generate from scratch within the tools that the tool was specifically designed to create permitting you have a valid license for the tool and you have paid in full for the tool.

H. Game Licenses

1. Grant of license

This Agreement is a license, not an agreement of sale. Licensee shall not acquire any copyright ownership or equivalent rights to any of the Licensed Content. Seller and the Licensed Content sources retain all right, title and interest in and to all of the copyrights, trademarks, and all other proprietary rights in the Licensed Content. All rights in and to Licensed Content not expressly granted in this agreement are retained by Seller or its suppliers.

Seller grants Licensee a Commercial and Royalty Free license to the Licensed Content. Licensee may generate unlimited revenue from Licensed Content for the duration of this Agreement. Licensee may use Licensed content for any purposes within the terms of this agreement including but not limited to pay services, without any royalties.

Licensee is only permitted to deploy the Licensed Content on the web. Licensee may use the Licensed Content on 1 domain name (the “Domain Name”), and all subdomains of that domain name. The Licensed Content may be stored on unlimited servers as long as the Licensed Content is only accessible via the single domain name. Once published to a chosen domain name, the Licensed Content is not permitted for transfer to another domain name.

Licensee may not assign or transfer the license to another business, person or entity.

2. Modification of Licensed Content

If source code is provided (in the form of a CapX file in the download of the Licensed Content, the “Source Code”) Licensee is permitted to modify any aspect of the provided Source Code (permitting a valid Construct 2 license is in Licensee’s possesion) and create derivatives of the work and publish the modified Licensed Content and derivatives on the Domain Name, as long as the modifications and derivatives do not breach any stated restrictions or terms listed in this Agreement.

3. Restriction on Use

Licensed Content may not be used contrary to any restriction on use indicated herein.

Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

Licensee shall not use the Licensed Content in a manner that violates the law of any applicable jurisdiction.

Licensee shall not claim copyright or attribution of Licensed Content.

Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether directly or in context or juxtaposition with other materials.

4. Non exclusive license

Unless you are buying a game license at “exclusive” price the game license you are buying is non exclusive.

5. Exclusive license

An exclusive price means that the item from that point onwards will be delisted from the Scirra store and no longer for sale. Non exclusive licenses may have already been sold up to that point. Use the sales figures published on the items page for indication of how many have been sold to date.

6. Term and Termination

The term of this license shall be indefinite until terminated by one of the following conditions:

  1. Company who purchased the license becomes insolvent or enters liquidation processes
  2. Domain name the Licensed Content is published on expires or is registered or transfered a different party
  3. Breaks any terms of this license

I. Construct 2 Addons

1. Usage

A purchase of a Construct 2 addon permits unlimited usage for 1 single developer. This developer is permitted to use the addon for life in as many commercial and non commercial projects as they wish. The license is strictly non-transferable. If more than one developer wishes to make use of the addon, multiple licenses will be required.