Software Purchase Agreement

Last updated on 08-10-2013.

Here’s a short, humanized version for you. Just keep in mind that while this will give you the gist, you’re still agreeing to the whole thing, so you might want to read it just in case you’re thinking of being mischievous.

The stuff you buy from us might still be in development and may contain bugs and errors. Additionally, we really want to keep developing our stuff and providing you with updates, however we provide these updates as a bonus and cannot guarantee we will be able to continue providing updates or be able to provide the updates on any kind of regular schedule.

We don’t want you to sell or copy our stuff, or use our stuff to hurt or upset other people. Don’t just rip-off our assets or content and claim it as your own either. That’s not cool.

We want you to have fun with our stuff, and we don’t mind if you want to modify the scripts or make your own content, in fact, we encourage it. As long as you keep what you make free and don’t distribute the stuff that’s not meant to be modified, we are probably OK with it.

We at SudoPlay Games believe that it’s not a single idea that makes something great. It’s the execution and delivery of many ideas and those ideas can improve, but only if people are freely allowed to shape new ideas from the existing ideas. We have a lot of great ideas and goals for our stuff and we’re always thinking about developing and implementing new ideas. We realize, however, that disputes can arise when two parties claim to have come up with the same idea at the same time or when someone’s idea is inspired by another’s. So, to prevent these kind of disputes and to promote inspiration and sharing of ideas within the community, we decided that if you make something with our stuff or for use with our stuff, like a script, and you make this thing available, you give us and others in the community permission to freely use, copy, modify and adapt that idea. You will still own the code or content, but not the idea. Now, keep in mind that this means that we might use your idea, or a similar idea, in official versions of our stuff, and you may or may not receive credit for it. So, in short, we’re not going to steal your code, but if we like your idea, we may be inspired to implement it in our own way.

If you want to do something, but aren’t sure about it, ask us!


THIS SOFTWARE PURCHASE AGREEMENT (“AGREEMENT”) IS A BINDING LEGAL AGREEMENT BETWEEN YOU (“YOU,” AND “YOUR”) AND SUDOPLAY GAMES (“SUDOPLAY,” “WE,” “US,” AND “OUR”) AND APPLIES TO YOUR PURCHASE OF ANY SOFTWARE OR OTHER SERVICES OR PRODUCTS SOLD OR MARKETED BY SUDOPLAY (THE “SOFTWARE”), INCLUDING, BUT NOT LIMITED TO MUSIC, AUDIO, GRAPHICS, TEXTURES, SHADERS, AND TEXT PACKAGED WITH THE SOFTWARE (A “SOFTWARE ASSET,” THE “SOFTWARE ASSETS”). BY PURCHASING ANY SOFTWARE FROM SUDOPLAY, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH BELOW, AND BY THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE AGREEMENT. THIS AGREEMENT IS APPLIED IN ADDITION TO AND NOT IN PLACE OF THE TERMS OF USE AGREEMENT.

THE SOFTWARE IS PROVIDED BY SUDOPLAY “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SUDOPLAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

  1. What You Receive When You Purchase Our Software.

    This section (“SECTION 1″) details what YOU receive from US when purchasing OUR SOFTWARE.

    When YOU purchase SOFTWARE from SUDOPLAY, YOU agree that YOU are purchasing the SOFTWARE in its current state, whether that be in early development or fully released. The SOFTWARE is provided as-is and not covered by any warranty. Subsequent updates to the SOFTWARE will be provided to YOU as an additional bonus and are not guaranteed. WE enjoy providing updates to the SOFTWARE for OUR customers, however, WE cannot guarantee that the SOFTWARE will continue to be updated or completed and, as such, WE reserve the right to discontinue development of the SOFTWARE at any time.

  2. What You Cannot Do.

    This section (“SECTION 2″) outlines what WE do not consider to be fair use of OUR SOFTWARE.

    WE are proud of OUR SOFTWARE, and in order for US to ensure the integrity and quality of OUR SOFTWARE, WE need to restrict distribution of the SOFTWARE to authorized sources.

    Therefore, YOU are not allowed to:

    • distribute unmodified versions of the SOFTWARE, SOFTWARE ASSETS, and/or source code (the “SOURCE”) commercially or non-commercially;

    • distribute modified versions of the SOFTWARE and/or the SOURCE commercially or non-commercially;

    • distribute modified versions of the SOFTWARE ASSETS commercially;

    • resell any gift codes and/or license keys for the SOFTWARE;

    • distribute anything pertaining to the SOFTWARE that implies it is officially connected to US, or officially endorsed by US.

  3. What You Can Do.

    This section (“SECTION 3″) outlines what WE consider to be fair use of OUR SOFTWARE.

    If YOU have purchased the SOFTWARE, YOU are allowed to:

    • modify the SOFTWARE ASSETS for personal use, so long as the modified SOFTWARE ASSETS are not used to cause grief or detriment to any other user (“GRIEFING”) and the modified SOFTWARE ASSETS are not distributed commercially;

    • distribute plugins, modified SOFTWARE ASSETS, and/or tools, which contain no SOFTWARE, and are designed to modify the SOFTWARE ASSETS (the “MOD,” “MODS”), provided that no original SOFTWARE, modified SOFTWARE, original SOURCE or modified SOURCE is distributed, the MODS are not distributed commercially, and the MODS are not offensive or illegal;

    • upload videos of the SOFTWARE (“VIDEOS”) to video sharing and/or streaming sites and put advertisements on the VIDEOS;

    • upload screenshots (“SCREENSHOTS”) of the SOFTWARE to the Internet.

    Any MODS YOU design and write from the ground up belong to YOU and YOU can do whatever YOU want with them, provided YOU do not use them for commercial purposes, to make a profit, or to otherwise benefit financially from the MODS.

    Please realize that WE are always thinking, creating and developing, and WE may have ideas similar to YOUR MODS or become inspired by YOUR MODS. To avoid disputes, YOU agree that, if YOU create MODS, YOU irrevocably give US the right to use, copy, modify and adapt YOUR ideas, and you waive and release us from claims that we have used YOUR ideas without YOUR permission.

  4. Logo, Name and Asset Usage.

    This section (“SECTION 4″) outlines what WE consider to be fair use of OUR brand (the “BRAND”), which includes the Lodestar: Stygian Skies name (the “NAME”), the Lodestar: Stygian Skies logo (the “LOGO”), and the SOFTWARE ASSETS.

    By using the BRAND, YOU agree to:

    • not make people believe that YOU or what YOU are doing is approved by, endorsed by, or in any way officially connected with US;

    • not include anything around what YOU are doing that makes people believe that YOU or what YOU are doing is approved by, endorsed by, or in any way officially connected with US;

    • not be unlawful, deceptive, obscene, harmful or disparaging;

    • not adversely affect the SOFTWARE, and/or BRAND;

    • comply with the TERMS OF USE AGREEMENT;

    • sufficiently differentiate the BRAND from any other brand;

    These constitute the fundamental, the prime requirements (the “PRIME REQUIREMENTS”).

    Non-Commercial

    WE are very flexible about non-commercial products or services you create for personal or community use (“NON-COMMERCIAL PRODUCT”), provided you adhere to the restrictions of SECTION 2 and the allowances of SECTION 3. YOU are allowed to create and share VIDEOS, SCREENSHOTS, MODS sans official SOFTWARE ASSETS modified or otherwise, fan art, machinima, etc;

    However, if YOU want to use the NAME in the title of a NON-COMMERCIAL PRODUCT, YOU must:

    • adhere to the PRIME REQUIREMENTS outlined at the beginning of SECTION 4;

    • do so in a way that honestly and fairly describes the NON-COMMERCIAL PRODUCT or the purpose of the NON-COMMERCIAL PRODUCT;

    • ensure that the NAME, including any confusingly similar name, is not positioned first;

    • not use any other aspect of the BRAND as part of any related branding, including as or as part of any logo.

    This applies to blogs, servers, community forums, fan sites, fan clubs, news groups, events and gatherings.

    Commercial

    YOU cannot use the NAME in or as the main name or title of commercial products or services (“COMMERCIAL PRODUCT”).

    YOU can use the NAME as a secondary name or title provided YOU:

    • adhere to the PRIME REQUIREMENTS outlined at the beginning of SECTION 4;

    • do so because it is necessary to honestly and fairly describe the COMMERCIAL PRODUCT or the purpose of the COMMERCIAL PRODUCT;

    • ensure that the NAME, including any confusingly similar name, is not the dominant element or the distinctive part of the complete name or title of the COMMERCIAL PRODUCT;

    • do not use any other aspect of the BRAND as part of any related branding, including as or as part of any logo.

    YOU cannot make any other commercial use of the BRAND and YOU cannot sell any merchandise that uses the BRAND.

  5. Returns, Refunds and Cancellation.

    If you can’t get our product to work, tell us about it and we’ll try to help you.