## Summary

- Stencyl's starter edition is free to use for individuals. If you are a school or a for-profit organization, please contact us.
- Respect our intellectual property. Don't resell (or transfer ownership of) our software or subscriptions. Don't modify our software to hide our splash screen. Purchase the software if you want to remove the splash.
- We have no legal obligation to provide support.
- Don't do anything illegal with our software or abuse our services.
- We're not liable for anything that happens as a result of using the software.

If you have questions about this agreement, contact us.

## Stencyl License Agreement ("License")

1. Preamble: This Agreement, governs the relationship between the user, ("Licensee") and Stencyl, LLC, a Delaware Limited Liability Company ("Licensor"). This Agreement sets the terms, rights, restrictions and obligations on using Stencyl (previously known as StencylWorks), StencylForge, and Stencyl.com (collectively referred to as "The Software") created and owned by Licensor, as detailed herein.
2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Cannot create derivative works, Non-exclusive license, all in accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software. Licensee agrees to use the Software only for purposes that are permitted by (a) the License and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
   1. Personal: Licensee may not sublicense, lease, rent The Software, or any portions thereof.
   2. Non-Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   3. Commercial, Royalty Free: Licensee may use The Software for any purpose, including paid-services, without any royalties.
   4. Additional Requirements: Licensee shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within The Software or works created using The Software including but not limited to games displaying the Stencyl logo before the game begins. If Licensee desires to remove, obscure, or alter such notices, Licensee shall obtain permission from Licensor.
3. Accepting the Terms: In order to use The Software, Licensee must first agree to this license. Licensee may not use The Software if Licensee does not accept the license. Licensee can accept the Terms by:
   1. clicking to accept or agree to the license, where this option is made available in the user interface for The Software; or
   2. by using The Software. In this case, Licensee understands and agrees that Licensor will treat Licensee's use of The Software as acceptance of the license from that point onwards.
4. Term & Termination: Licensor may terminate this Agreement, including Licensee's license in the case where Licensee:
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
5. Use of StencylForge and Stencyl.com
   1. Licensee agrees agree that he will not engage in any activity that interferes with or disrupts the servers and networks which are connected to The Software.
   2. Licensee agrees that he is solely responsible for (and that Licensor has no responsibility to Licensee or to any third party for) any breach of Licensee's obligations under the License and for the consequences (including any loss or damage which Licensor may suffer) of any such breach.
6. Content on StencylForge and Stencyl.com
   1. Licensee understands that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) ("Content") which licensee may have access to as part of, or through Licensee's use of, The Software are the sole responsibility of the person from whom such content originated.
   2. Licensee should be aware that certain Content presented to Licensee as part of The Software, may be protected by intellectual property rights. Licensee may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless Licensee has been specifically told that Licensee may do so by the owners of that Content, in a separate agreement.
   3. Licensor reserves the right (but shall have no obligation) to review, modify, refuse or remove any or all Content from any Service.
   4. Licensee understands that by using The Software he may be exposed to Content that he may find offensive, indecent or objectionable and that, in this respect, he uses The Software at his own risk.
   5. Licensee agrees that he is solely responsible for (and that Licensor has no responsibility to Licensee or to any third party for) any Content that Licensee creates, transmits or display while using The Software and for the consequences of Licensee's actions (including any loss or damage which Licensor may suffer) by doing so.
7. Support: The Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
   1. Feature Request: Licensee may request additional features in The Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right.
8. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of The Software's actions, failure, bugs and/or any other interaction between The Software and Licensee's end-equipment, computers, other software or any 3rd party end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software's source code.
9. Warranty:
   1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of his knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
   2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee's computers or to Licensee, and that The Software shall be functional. Licensee shall be solely liable for any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software.
   3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against him in regards to Licensee's use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee's consent prior to any settlement in relation to such lawsuit or claim.
11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, costs or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full. The License, and Licensee's relationship with Licensor under the License, shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
12. Copyright and trade mark policies: It is Licensor's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Licensor's policy can be found at http://www.stencyl.com/about/dmca/
13. 3rd Party Software and Agreements: This Agreement covers the Intellectual Property created and distributed by Licensor. Some parts of The Software were developed by a 3rd party and are covered by other licenses (such as open source licenses). When you accept this Agreement, you agree to be bound by the terms of these licenses for those respective parts of The Software. Information on these licenses can be found inside The Software through 'Help > Credits'.
14. Changes to the Terms: Licensor may make changes to the License from time to time. When these changes are made, Licensor will make a new copy of the License available at http://www.stencyl.com/about/eula/. Licensee understands and agrees that if he uses The Software after the date on which the License has changed, Licensor will treat Licensee's continued use of The Software as acceptance of the updated license.

## Revision History

July 23, 2018: Update location of third party software licenses.

March 22, 2015: Explicitly mention no reselling/transfer in summary.

December 9, 2013: Explicitly mention individual licensing.

April 4, 2013: Changed references to legacy product names.

January 24, 2012: Amendment to include notice on third party software.

December 14, 2011: Revision for iStencyl Pro.

May 1, 2011: Initial Version.