End-User License Agreement (EULA) for Rogue Engine

Effective Date: 13th October 2023

1. Ownership and Licensing

1.1. Ownership: The Rogue Engine Platform (AKA Rogue Engine), including the editor, its components, and services, are proprietary software. All intellectual property rights in Rogue Engine belong to the Owner (P. Martin Ortiz AKA BeardScript).

1.2. License Grant: Subject to the terms and conditions of this EULA, the Owner grants you a non-exclusive, non-transferable license to use Rogue Engine.

1.3. You, the User: To use Rogue Engine you must be 13 years or older and able to form a binding contract with the Owner. You will comply with the terms and condition of this EULA and all applicable local, state, national, and international laws, rules, and regulations. If you represent a business or other entity you must be authorized to accept these terms on its behalf.

2. Licensing and Earnings

2.1. License Information: For the most up-to-date information on license features, offerings, and pricing, please refer to the Rogue Engine website at rogueengine.io/GetStarted.

2.2. License Restrictions: Rogue Engine offers non-transferable licenses on a per-seat basis with the following categories:

• Personal License: Free license available to individuals or companies with earnings below $80,000 USD in the last 12 months.
• Plus License: Paid license available to individuals or companies with earnings below $150,000 USD in the last 12 months.
• Pro License: Paid license available to individuals or companies with earnings below $300,000 USD in the last 12 months.
• Enterprise License: Paid license with no earning limits.

2.3. Earnings Definition: “Earnings” refer to the total income and/or funding, as measured in United States Dollars (USD), derived from any activity related to the use of Rogue Engine, including but not limited to the creation or commercialization of software applications.

2.4. Refunds: Users may submit a refund request to [email protected]. Requests are considered on a case-by-case basis in accordance to the UK Consumer Protection laws.

2.5. Downgrades: The User has the responsibility to make sure their account complies with the new license before downgrading. The User will have a 24h grace period before being found to be abusing the platform, in which case their content and data may be deleted.

2.6. Cancellation: When a User's license period ends with no renovation, they will have a 30 day window to purchase a new license before any data and files that exceed the rights of a Personal license are deleted. In case of purchasing a license of a lower category than the User had before cancellation, it'll be treated as a downgrade.

3. User’s Rights

3.1. Creation of Web Applications: Users retain all rights to web applications created with Rogue Engine, provided they do not reverse engineer the engine or its components. The proprietary code introduced in their builds must only be used by the created application.

3.2. Commercial Use: Users may use the editor for commercial purposes and commercialize their creations as long as they comply with the appropriate license based on their financial earnings.

4. Publishing & Distribution Rights

4.1. Owner's Rights: Users give the Owner, full, perpetual rights to host, distribute and use for marketing purposes, any content that either themselves or a member of their organization, makes publicly available in the Rogue Engine platform services.

4.2. User's Responsibilities: Users are solely responsible for the content they make publicly available in the Rogue Engine platform services.

5. Content Restrictions

5.1. Content Guidelines: Users may not publish any content that is unlawful, harmful, or objectionable. This includes content targeting individuals based on their origin, gender, race, or any other discriminatory criteria. The same applies to modules published in the package service.

5.2. Owner’s Rights: The Owner reserves the right to delete content and block accounts that violate the content guidelines or abuse the services provided, on a case-by-case basis.

6. Accounts

6.1. Account Information: Users must provide real information of themselves and/or the organization they represent. It's strictly forbidden to provide information that may misrepresent a User for another individual or organization.

6.2. Security: Users are responsible for keeping the security of their account and password.

6.3. Login Information: Users are not allowed to share their Login information with other individuals or organizations. Accounts may only be accessed by one individual. In the case of organization accounts, they may be used by multiple appointed individuals for management purposes, but only one appointed individual may use it for creation purposes.

6.4. Public Profile: Accounts are provided with a public profile at "play.rogueengine.io/[Username]". Their public content, including but not limited to their "Username" and "Display Name" will be displayed there. Users can follow other accounts to see their public activity in their feeds. Users can edit their public profile information in their Account Settings.

6.5. Public Activity: Likes, comments, bookmarks, follows and publishing content are considered public activity and will be shared with the accounts that follow a User taking those actions.

6.6. Bot Accounts: Non-Human or Bot Accounts are strictly forbidden.

7. User Data and Privacy

7.1. Data Collection: The Owner may collect and process user data for the purposes of communication, payment processing, and platform usage analysis. Such data may include, but is not limited to, contact information, payment information, and anonymous usage data.

8. Indemnification and Liability

8.1. Indemnification: You agree to indemnify the Owner for any violation of intellectual property rights or for any abuse of the platform that causes a loss of income or any other legal trouble. You must also indemnify other parties if your use of Rogue Engine causes them problems. The Owner is not liable for users violating the rights of other users. Rogue Engine is provided “as is,” and it is your responsibility to use the platform in compliance with all applicable laws.

9. Limitation of Liability

9.1. Limitation of Liability: To the fullest extent permitted by applicable law, the Owner and its affiliates, partners, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use Rogue Engine.
• Unauthorized access to or use of our servers and/or any personal information stored therein.
• Any third-party conduct or content on Rogue Engine, including any defamatory, offensive, or illegal conduct.
• Any content obtained from Rogue Engine.
• The cost of procurement of substitute goods or services.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the Owner has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9.2. Total Liability: In no event shall the Owner's total liability to you for all damages (other than as may be required by applicable law) exceed the amount you paid for your license to use Rogue Engine.

9.3. Survival: The limitations set forth in this section shall survive any termination or expiration of this Agreement and apply even if any limited remedy specified in this Agreement is found to have failed its essential purpose.

9.4. Governing Law: The foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

10. Support

10.1. Support: Users may contact support to address any issues. Support will be provided depending on availability. The higher the license tier, the higher the priority support requests will get.

11. Prohibited Activities

11.1. Prohibited Activities: Users agree not to use Rogue Engine for any unlawful, harmful, or criminal activities, including but not limited to terrorism and criminal acts. Violation of this provision may result in account termination and legal action.

12. Account Suspension & Termination

12.1. No Access: Any violation of these terms may result in the suspension or termination of the offending User's Account. None of the Account's content, will be accessible and offending Users will be prohibited from creating new accounts. In case of termination, all data associated to the offending Account will be deleted.

12.2. Assigned Seats: When an account is Suspended, all assigned seats will lose access to the offending Account's data. In case of termination, all seats will be revoked.

12.3. Refunds: A User whose account is suspended or terminated will not be entitled to a refund.

13. Updates and Amendments

13.1. Amendments: This EULA may be updated at any time to better protect all parties. Users will be informed of any material changes.

14. Premium Content

14.1. Definition: Some content provided in Rogue Engine is labeled as Premium. This means that said content can only be accessed by holders of a paid license or a seat to a paid license. Premium content can be provided in the form of digital files including, but not limited to, 3D models, code, sound files, etc. An example of this are Premium Packages.

14.2. General Limitations: Premium Content can only be accessed and used in a Rogue Engine project, both for personal and commercial purposes, being this in the context of a private Rogue Engine project or as part of a product built with Rogue Engine. You are not allowed to distribute or commercialize Premium Content by itself or as part of a repository, asset pack, or similar.

14.3. Seat holder Limitations: Seat holders of a paid license that are not the paid license holder, can only use Premium content within the context of projects owned by the paid license holder. Uppon losing their seat, they must delete all Premium conent in their posession.

14.4. Downgrades: When a paid license holder downgrades to a Personal license, they can still use the versions they hold of the Premium Content, provided they don't exceed the financial limits of a Personal license.

14.5. Ownership: Ownership and intellectual property rights of Premium Content remain with the Owner. Users do not acquire any ownership rights by using Premium Content.

14.6. Updates: Premium Content may receive updates or changes. Users are entitled to access updated Premium Content, but this is subject to their active license status.

14.7. Termination: Access to Premium Content may be terminated in case of license violations, non-payment, or other breaches of this EULA. The Owner reserves the right to terminate access to Premium Content.

15. Governing Law and Jurisdiction

15.1. Governing Law: This EULA is governed by the laws of England and Wales.

16. Contact Information

16.1. Contact: For any questions or concerns regarding this EULA, you may contact the Owner at [email protected].