Alteruna Multiplayer SDK License Agreement
Last updated: October 6, 2022
This SDK License Agreement (“Agreement”) is between Alteruna AB, (“Alteruna, “Alteruna Multiplayer”, “Us”) and the person or entity accessing, installing or using the licensed software and any associated documentation (“You”). The terms also apply to documentation for the application programming interfaces (collectively the “APIs”) and any software code provided by Alteruna Multiplayer in conjunction with such documentation. The software code, documentation, APIs, and other materials made available by Alteruna Multiplayer are collectively referred to in this Agreement as the “SDK”. This Agreement defines each party’s rights in the SDK.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SDK.
The SDK is made available by Alteruna Multiplayer to integrate and enable certain functionality into Your applications to facilitate the development, deployment and use of the application. This Agreement applies to any SDK that includes, displays, or links to this Agreement, and to any updates, supplements, or support services for the SDK, unless other terms accompany those items. If so, those other terms apply.
1. Grant of License
Subject to the terms and conditions of this Agreement, Alteruna Multiplayer grants You a non-exclusive, nontransferable, royalty-free license to:
install the SDK (Extension Asset) on a maximum of 2 computers. For the avoidance of doubt, Extension Assets are licensed on a per seat basis and may not be shared or used concurrently on more than 2 different computers.
install and use the SDK in object code form only to develop programs consisting of compiled code generated using the SDK, or any part thereof, designed to function with the Alteruna Multiplayer Service Platform and other Alteruna Multiplayer products (“Developed Programs”),
make a limited number of copies of the documentation to be used by Your employees or consultants for development purposes only, and not for general business purposes or for distribution and,
distribute the SDK in object code form only as a component of Developed Programs.
2. Restrictions on Licensed Rights
You will not:
modify, disassemble, decompile, or reverse engineer any part of the SDK,
copy (except for backup purposes and with all labeling and copyright notices intact) or otherwise reproduce the SDK, in whole or in part,
modify, adapt, alter, translate, or incorporate into or with other software or create a derivative work of any part of the SDK, except as expressly permitted herein,
remove, modify, or otherwise tamper with notices or legends on the SDK or any labeling on any physical media,
use the SDK in any manner to provide service bureau, time sharing, or other computer services to third parties,
distribute the SDK (other than the incorporation of distributable elements of the SDK in Your Developed Programs in accordance with the terms of this Agreement),
disclose the results of any performance benchmarks or similar testing of the SDK to any third party without Alteruna Multiplayer’s prior written consent,
publish the SDK for others to copy, or
use the SDK to develop applications for other platforms or to develop another SDK.
In addition, You will not:
use Alteruna Multiplayer’s trademarks to market Your Developed Program without written permission of Alteruna Multiplayer,
use Alteruna Multiplayer’s trademarks in a way that suggests Your Developed Programs come from or are endorsed by Alteruna Multiplayer,
use the SDK to create, develop, or use any program, software, or service which (1) takes away the functionality of Alteruna Multiplayer products or other Alteruna Multiplayer software; (2) exposes and/or discloses header file information; (3) contains any viruses, Trojan horses, worms, logic bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (4) when used in the manner in which it is intended, violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination, false advertising, or data privacy); or (5) interferes with the operability of other Alteruna Multiplayer or third-party programs or software, or
modify, distribute, or convey the SDK so that the SDK becomes subject to any license which requires, as a condition of license, use, modification, distribution, or conveyance, that (1) the code be disclosed or distributed in source code form; (2) others have the right to modify or create derivative works of it; and/or (3) it becomes redistributable at no charge.
You will:
distribute the object code under the terms and conditions of an end user license agreement which requires that end-users not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the SDK, Alteruna Multiplayer file formats, Alteruna Multiplayer protocols, and/or any part thereof, and which requires end-users to indemnify, defend, and hold harmless Alteruna Multiplayer from any claims, including attorneys’ fees, related to the distribution or use of Your Developed Programs;
include on each copy You distribute all applicable copyright and trademark notices,
be solely responsible to Your customers for any update or support obligation or other liability which may arise from such distribution,
not make any statements that Your Developed Program is “certified,” or that its performance is guaranteed, by Alteruna Multiplayer,
remain at all times responsible and liable for the misuse of the SDK by Your employees and consultants.
3. Ownership of Intellectual Property
The SDK and any authorized copies that You make are the intellectual property of, and all rights therein are owned by, Alteruna Multiplayer. The structure, organization, and code of the SDK are valuable trade secrets and confidential information of Alteruna Multiplayer. The SDK is protected by law, including without limitation the copyright laws of the Sweden and other countries, and by international treaty provisions. You agree to protect Alteruna Multiplayer’s copyright and other ownership interests in all items in the SDK. You agree that all copies of items in the SDK reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as in the SDK. Alteruna Multiplayer retains all right, title, and ownership throughout the world in the intellectual property embodied within the SDK. Except as stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the SDK, and all rights not expressly granted are reserved by Alteruna Multiplayer.
4. Support
Alteruna Multiplayer is not obligated to provide any technical or other support (“Support”) for the SDK. However, if Alteruna Multiplayer chooses to provide any Support to You, Your use of such Support will be governed by then-current Alteruna Multiplayer policies.
5. Feedback
With respect to any technical or other information You provide to Alteruna Multiplayer (whether oral or written) in connection with the SDK (including but not limited to reporting errors or making suggestions for improvements or changes to the SDK), You agree that Alteruna Multiplayer has a perpetual, irrevocable, unrestricted right to use such information for its business purposes, including for product support and development. Alteruna Multiplayer will not use such information in a form that personally identifies You.
6. Upgrades; End of Life
Alteruna Multiplayer is not obligated to provide any upgrades or future versions of the SDK. Alteruna Multiplayer reserves the right to discontinue offering the SDK, or to modify the SDK at any time, in its sole discretion. If You are dissatisfied with any aspect of the SDK at any time, Your sole and exclusive remedy is to cease using the SDK.
7. Data Collection
If You use the SDK to run applications developed by a third party or that access data, content, or resources provided by a third party, You agree that Alteruna Multiplayer is not responsible for those applications, data, content, or resources. You understand that all data, content, or resources which You may access through such third-party applications are the sole responsibility of the person from which they originated and that Alteruna Multiplayer is not liable for any loss or damage that You may experience as a result of the use or access of any of those third-party applications, data, content, or resources. You agree that, if You use the SDK to develop applications for other users, You will protect the privacy and legal rights of Your users, prominently display a privacy policy that describes to Your users the information that is collected by You and Your application and how such information is used and shared. You will maintain and process all user data in accordance with Your privacy policy and all applicable laws and regulations in any countries in which Your application is distributed or used. Alteruna Multiplayer may collect certain data through the SDK, including, but not limited to, advertising identifiers, associated IP addresses, version number of the SDK, and information on which tools and/or services in the SDK are being used and how they are being used. Unless You expressly opt-out of allowing this use, this information may be collected and used in accordance with Alteruna Multiplayer’s Privacy Policy, which can be accessed at https:www.alteruna.com/privacy
8. Trademark License
Nothing in this Agreement gives you a right to use any of Alteruna Multiplayer’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You agree that you will not adopt, use or attempt to register, whether as a corporate name, domain name, product name, trademark, service mark or other indication of origin, any trademark of Alteruna Multiplayer or any mark that is confusingly similar to or will dilute the distinctive nature of the Alteruna Multiplayer trademarks. You also agree that you will not include the term “Alteruna Multiplayer” as part of the name for any application that you develop using the SDK.
9. Modifications Notices
Alteruna Multiplayer may change this Agreement in its sole discretion by giving You notice on the web site, by email or any other means that Alteruna Multiplayer finds suitable. If You do not agree to these changes, then You must cancel and stop using the SDK. If You do not stop using the SDK, then Your use of the SDK will continue under the changed Agreement.
10. Term and Termination
This Agreement is effective until terminated. Alteruna Multiplayer has the right to terminate this Agreement immediately if You fail to comply with any term of this Agreement. Despite anything contained in this Agreement to the contrary, Alteruna Multiplayer may, in its sole discretion, terminate or suspend access to the SDK at any time. You acknowledge that termination of Your rights and/or monetary damages may not be a sufficient remedy if You breach this license and that Alteruna Multiplayer will be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief in the event of a breach. Upon any termination of this Agreement, You must (a) destroy or return to Alteruna Multiplayer all full and partial copies of the SDK and (b) discontinue distribution of any Developed Programs. Sections 2, 3, 5, 7 and 10-16, along with any other provisions that would reasonably be deemed to survive termination, shall survive any termination and/or expiration of this Agreement.
11. DISLAIMER OF WARRANTIES
THE SDK IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. ALTERUNA MULTIPLAYER DISCLAIMS ALL WARRANTIES – STATUTORY, EXPRESS OR IMPLIED – INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALTERUNA MULTIPLAYER PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO YOUR USE OF THE SDK. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
12. Allocation of Risk
You and Alteruna Multiplayer agree that the foregoing warranty disclaimer and limitation of liability set forth below, respectively, fairly allocate the risks in the Agreement between the parties. You and Alteruna Multiplayer further agree that this allocation is an essential element of the basis of the bargain between the parties, that Alteruna Multiplayer would not have entered this Agreement without these limitations, and that the limitations will apply notwithstanding any failure of the essential purpose of this Agreement or any limited remedy hereunder.
13. Limitation of Liability
IN NO EVENT SHALL ALTERUNA MULTIPLAYER BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES. ALTERUNA MULTIPLAYER’S CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ACTUAL AMOUNTS PAID BY YOU TO ALTERUNA MULTIPLAYER FOR THE SDK.
14. Indemnity
To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless Alteruna Multiplayer, its affiliates, and their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees), arising out of or allegedly based (in whole or in part) on: (a) Your use of the SDK; (b) any of Your applications using the SDK that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy; (c) any violation by You of any applicable law or regulation; or (d) any non-compliance by You with the terms of this Agreement.
15. Applicable Law; Venue
The Agreement shall be governed and interpreted in accordance with the laws of Sweden, without regard to any conflict of laws.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be Swedish.
16. General Provisions
This Agreement is not assignable or transferable, in whole or in part, by You, whether involuntarily, by merger, operation of law or otherwise, without Alteruna Multiplayer’s prior written consent. Any attempted transfer in violation of this Section is void. A waiver of any default hereunder or of any of the terms and conditions of this Agreement will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition but will apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement will be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement. Captions in this Agreement are for the convenience of the parties only and will not affect the interpretation or construction of this Agreement. In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the SDK, whether written or oral.