NENGI END USER LICENSE AGREEMENT v1
Valid for nengi version(s): v0.1.x - v0.3.x
By downloading or using this software you are agreeing to be bound by this Agreement. If you cannot agree to the terms of this Agreement, please do not download or use this software or related content.
Certain terms used within this Agreement are defined in section 12.
Timetocode LLC grants you a non-exclusive, non-transferable, non-sublicensable (except as described in this Agreement) license to use, reproduce, display, perform, and modify the the Licensed Technology for any lawful purpose (the “License”). However, the rights granted under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement or use the Licensed Technology in any way. The License does not grant you any title or ownership in the Licensed Technology.
a. You may Distribute the Licensed Technology as an inseparable part of a Product to end users who are subject to an end user license agreement which disclaims any representations, warranties, conditions, and liabilities related to the Licensed Technology.
b. You may Distribute Licensed Technology to other Licensees of the same version of Licensed Technology
You are permitted to post up to 30 lines of code in length from the Licensed Technology, online and in public forums for the sole purpose of discussing the code, so long as it is not for the purpose of enabling non-Licensees to use or modify, or to aggregate, recombine, or reconstruct any larger portion of the Licensed Technology.
You agree to pay Timetocode LLC a royalty equal to 5% of all worldwide quarterly gross revenue attributable to your Products that use nengi, including but not limited to:
a. Gross revenue from all Product sales (based on the sale price to the end user, regardless of intermediaries such as a publisher or store)
b. Gross revenue from all in-app purchases, microtransactions, redemption of virtual currency, and subscriptions
c. Gross revenue from crowdfunding campaigns associated with Product access or benefits
d. Revenue from in-app advertising or affiliate programs
e. Revenue from advance payments from a publisher
No royalty is owed for the first $3,000.00 in gross quarterly revenue (as a sum of the all your Products that use nengi).
You agree to keep accurate records related to your Distribution and sale of Products and related revenue.
You agree to report income in excess of $3,000.00 gross quarterly revenue from your Product(s) within 30 days of the end of each calendar quarter. Report income by sending relevant documents to nengi@timetocode.com.
You agree to pay royalties within 60 days of the end of each calendar quarter. Royalties must be paid by mailed check unless otherwise stated (check mailing instructions will be sent to you via email after you report income).
No support for the Licensed Technology is granted under this Agreement.
There may be support resources at http://timetocode.com/nengi. There is no guarantee that the support resources will be accurate, nor that they will always be available.
Third party software dependencies for nengi are not considered part of the Licensed Technology. Third party software may have its own licenses, which you will have to agree to before using. Other third party software may be used in demo code, and is also not part of the Licensed Technology.
The Licensed Technology and all other materials (including but not limited to code snippets, demo games, and support documents) provided by Timetocode LLC are provided on as “as is” and “as available” basis, “with all faults” and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and noninfringement. Use the Licensed Technology and other materials from Timetocode LLC at your own risk.
Timetocode LLC may terminate the Agreement by providing written notice if you breach any provision of this Agreement. Upon any termination you may no longer use the Licensed Technology or distribute any Products that make use of the Licensed Technology.
You agree that this Agreement will be deemed to have been made and executed in the State of Washington, U.S.A. Any legal actions or proceedings must be brought in the King County Superior Court.
Timetocode LLC may amend this Agreement in the future. You are not required to accept the amended Agreement to continue using your existing copy of the Licensed Technology. However, you may be required to accept the amended Agreement before using a newer version of the Licensed Technology or further accessing online resources.
“Distribute” means to provide or make available functionality or code from the Licensed Technology
“Licensed Technology” means all of nengi including modifications made by you under the License
“Product” means any software developed that uses or includes the Licensed Technology
“You,” “your”, whether capitalized or not means you as an individual or legal entity exercising rights under this Agreement.