Heathen License Agreement
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Introduction
This license agreement is used as the foundation for bespoke license agreements with clients and applied to assets acquired through GitHub sponsorship, Patreon subscription, and similar distribution channels.
This license does not conflict with or modify in any way any license you acquired through affiliates or partners such as Unity Asset Store.
The spirit of the license is that (When legitimately acquired) you have a license that allows you to use Heathen technology and content without restriction and that mitigates our legal liability These permissions are granted as long as you
Don't try distributing our source code to enable others to circumvent our distribution channels
Don't try to claim ownership over our copyrighted material
If you have any questions or concerns don't hesitate to contact us.
License
License Agreement Copyright © 2014-2023 Heathen Engineering Limited, an Irish registered corporation #556277 identified in this agreement as (“Heathen”).
Parties to the Agreement and Subject Matter of the Agreement
1.1 This Heathen End User License Agreement (“EULA”) is a non-exclusive, legally binding user license agreement between any individual, organization, or a single entity (“END-USER”) that acquires a license to a Heathen Licensed Technology or Content and either (a) Heathen or, as the case may be (b) any third party (“Provider”) that offers and distributes its Licensed Technology or Content through Heathen. Consequently, this EULA shall apply regardless of whether a Licensed Technology or Content is produced, or copyright held by Heathen or by a Provider (each, a "Licensor"). This EULA is therefore a non-exclusive, legally binding end-user license agreement as the case may be between either (i) Heathen and END-USER (in which case the term "Licensor" shall refer to Heathen), or (ii) Provider and END-USER (in which case the term "Licensor" shall refer to Provider).
1.2 This license is granted to END-USER who has acquired access to the Licensed Technology or Content in one of the following manners
Directly from Heathen via an invoiced transaction
By gaining legitimate access to GitHub repositories containing the source of the technology controlled by @Heathen-Engineering on GitHub.com Copies of the Licensed Technology acquired through Heathen’s partners and affiliates such as but not limited to Unity and its Unity Asset Store apply their license terms. This license does not conflict with or invalidate those licenses or terms.
1.3 Heathen grants you a non-exclusive, non-transferable, non-sublicensable (except as described in this Agreement) license to use, reproduce, display, perform, and modify the Licensed Technology or Content for any lawful purpose (the END_USER), subject to all terms of this Agreement. Heathen reserves all rights not expressly granted to you under this Agreement.
2. Distribution Terms
2.1 Assembly - You may distribute Assemblies to any party. “Assembly” means a compiled output or “Product” made using the Licensed Technology that does not include as part of the distributed product any source for which Heathen holds the copyright. This is also known as a “program”, “app”, “binary”. “executable”, “dynamically linked library” or otherwise “compiled” output.
2.2 Licensees - You may Distribute source (including as modified by you under the License), to a Licensee who has rights under its license to the same Version of the source or content that you are Distributing.
2.3 Employees and Contractors - You also may Distribute Source and or content to a Licensee who is your employee or your contractor who does not have rights under their license to the same content, only to permit that Licensee to utilize that content in good faith to develop a Product on your behalf for Distribution by you under the License.
3. Distribution Limitations
3.1 You may not distribute any source in whole or in part to any party, except to enable “employees and contractors”, and to enable “publishers”, “distributors” or “other business partners” to develop, test, market or distribute a product on your behalf as defined in section 2 above.
3.2 You may not sublicense the Licensed Technology in Source format. You may not sublicense the Licensed Technology in assembly format, or any content copyright held by Heathen, except to grant End Users the ability to use, or to permit your publishers, distributors, or other business partners to market and distribute, a Product that you distribute as defined in section 2 above.
4. Support
4.1 Heathen does not have any support obligations concerning the Licensed Technology under this Agreement.
5. Disclaimer of Warranties
5.1 You expressly understand and agree that your use of the Licensed Technology and/or any content copyright held by Heathen or otherwise obtained through Heathen is at your sole risk and that Heathen provides its Licensed Technology and other copyright held content “AS IS” and “AS AVAILABLE” without warranty of any kind, to the maximum extent permitted by applicable law. In particular, Heathen, its subsidiaries, holding companies, affiliates, licensors, and partners do not represent or warrant to you that:
A. Your use of the Licensed Technology or Content will meet your requirements, B. Your use of the Licensed Technology or Content will be uninterrupted, timely, secure, or free from error, C. Any information obtained by you as a result of your use of the Licensed Technology or Content will be accurate or reliable, and D. That defects in the operation or functionality of any Licensed Technology or Content provided to you as part of the agreement will be corrected.
5.2 Your use of Heathen’s Licensed Technology or Content is at your discretion and risk, and you are solely responsible for any damage to your computer systems, or other device, or loss of data that results from such use.
5.3 To the maximum extent permitted by applicable law, Heathen further expressly disclaims all warranties, terms, or conditions of any kind, whether express or implied, including, but not limited to any implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for particular purpose and non-infringement, concerning any Licensed Technology or Content or otherwise obtained materials through Heathen or its web sites or its partners.
5.4 None of the Technology Licensed or Content is intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Licensed Technology or Content could lead to death, personal injury, or physical or environmental damage.
6. Limitation of Liability
6.1 Heathen and its subsidiaries, holding companies, and/or other affiliates total liability to you from all causes of action and under all theories of liability under these terms will be limited to the amounts paid to Heathen by you in the past six months for the Licensed Technology, Content or other services relating to the dispute. In no event will Heathen or its subsidiaries, holding companies, or other affiliates shall be liable to you for any special, incidental, exemplary, punitive, or consequential damages, including but not limited to the loss of data, business, profits, and or ability to execute, or for the cost of procuring substitute products arising out of or in connection with these terms or your use of the Licensed Technology or Content or services or any materials acquired from Heathen, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Heathen has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
6.2 You expressly understand and agree that Heathen, its subsidiaries, holding companies and affiliates, and its licensors shall not be liable to you for any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of (A) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any, party; (B) any changes which Heathen may make to the Licensed Technology or to the methods of distribution of that Licensed Technology, or for any permanent or temporary cessation in the provision of the Licensed Technology or Content; (C) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of Heathen, its Licensed Technology or content or through its affiliates; or (D) your failure to provide Heathen with accurate account information;
6.3 Nothing in the Terms excludes the liability for Heathen or its affiliates for (A) Death and personal injury caused by negligence; (B) fraudulent misrepresentation; or (C) any other liability which cannot be limited by applicable law.
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