COMMUNITY LICENSE

PopcornFX Community License (“License”)

v0.1

Please note that this information may be updated without further notice.

1. DEFINITIONS

« LICENSEE »: any moral or physical person who acquires any product edited by PERSISTANT STUDIOS.

« LICENSOR »: Persistant Studios

« Intellectual Property Rights »: means copyright, registered and unregistered designs, database rights, registered and unregistered trademarks and trading names, patent rights, know-how, performance rights, goodwill and applications for any of the same and other rights of a similar nature enforceable anywhere in the world.

«Studio Work Creation»: means special effect, media elements and/or software and/or a piece of art and/or a creation and/or an adaptation or reproduction of a previously existing piece of art or creation: a studio work creation may comprise textures, images, set of images, environments and/or ambiances specifically adapted to modify or enhance existing images or scenes. Unless mentioned otherwise, all rights, titles and interest in and to such Studio Work Creation created by LICENSEE by using the Software Product shall belong to LICENSEE. Copyrights and any other right related to such Studio Work Creation provided to LICENSEE by LICENSOR belong to Persistant Studios. The Software Product includes studio work creations such as fire, explosions, smoke, etc..

 

2. SCOPE

Persistant Studios SARL as LICENSOR grants to LICENSEE a worldwide, non-exclusive, no-charge, and royalty-free copyright license to duplicate, prepare derivative works of, publicly display, publicly perform, and distribute the work of authorship that accompanies this License (“WORK ”), subject to the following terms and conditions:

 

3. POPCORNFX COMMUNITY USE

Exercise of the license granted herein is permitted as long as it is in connection with the authoring software (“Editor License”) or other content under a valid PopcornFX content license available from the “Marketplace”.

That means, for example, as long as LICENSEE authored content using the WORK under an Editor License, LICENSEE may distribute the WORK in connection with that content as you see fit under this License. No other exercise of the license granted herein is permitted, and in no event may the WORK be used for competitive analysis or to develop a competing product or service.

 

4. RESTRICTIONS ON USE

The LICENSEE agrees that it will not use the Software Product for any purpose other than the authorized use for which consent has been granted herein. LICENSEE agrees that such Software Products have value to LICENSOR and that LICENSOR would be harmed by misuse of the same by LICENSEE.

The LICENSEE will ONLY use delivered content into one of those Game Engines (Unreal Engine, Unity, O3DE)

The LICENSEE is not authorized to make any change in the PopcornFX Runtime SDK source code nor binaries without prior authorization.

The LICENSEE is not authorized to sell, rent, lease or lend the Software Product. The LICENSEE may not grant a sub-license to the Software Product, whether free of charge or for valuable consideration, or grant or transfer a license.

The LICENSEE is not authorized to use the Software Product in any way that is against the law.

The LICENSEE is not authorized to use the Software Product for software hosting services.

User Generated Content (UGC) is not authorized by default. Licensee shall first obtain the prior written consent of Licensor for such use.

LICENSEE explicitly agree that for Unreal Engine, Unity, and O3DE plugins :

For every PopcornFX Plugin source code and PopcornFX Runtime SDK (binaries & source code):

The LICENSEE will ONLY use delivered content into the final development tool

The LICENSEE will NEVER use in a different way the PopcornFX Plugin and the PopcornFX Runtime SDK part

The LICENSEE does not have the right to make any change in the PopcornFX Runtime SDK source code nor binaries. If you have any comment, bug report or enhancement query, contact PERSISTANT STUDIOS. The LICENSEE cannot lease, rent or sell source code, nor binaries in any form

Final assets: Assets you have created in the final development tool are your property and can be sold on any store (please refer to the EULA of each store). If you allow PERSISTANT STUDIOS to use this content as communication content, please email [email protected]

 

5. NO MODIFICATION OF RUNTIME LICENSE AND EDITOR LICENSE

Neither this License nor any exercise of the license granted herein modifies the Runtime License or Editor License in any way.

 

6. OWNERSHIP; DERIVATIVE WORKS

6.1 LICENSEE OWNS ITS CONTENT

In this License, “derivative works” means derivatives of the Work itself–works derived only from the Work by LICENSEE under this License (for example, modifying the code of the Work itself to improve its performance); “derivative works” of the Work do not include, for example, games, apps, or content that LICENSEE creates with the Work. LICENSEE keeps all right, title, and interest in its own content.

6.2 LICENSOR OWNS ITS CONTENT

While LICENSEE keeps all right, title, and interest to its own content per the above, as between LICENSOR and LICENSEE, Persistant Studios will own all right, title, and interest to all intellectual property rights (including patent, trademark, and copyright) in the Work and derivative works of the Work, and LICENSEE hereby assign and agree to assign all such rights in those derivative works to Persistant Studios. Should assignment be invalid for any reason, LICENSEE grants to Persistant Studios an irrevocable, perpetual, worldwide, non-exclusive, no-charge, and royalty-free license (with the right to grant sublicenses) under those intellectual property rights to those derivative works. LICENSEE also agrees to waive or refrain from asserting any author’s right, moral rights, or like rights to the extent necessary to permit exploitation as contemplated under this License.

6.3 LICENSEE’S RIGHT TO USE DERIVATIVE WORKS

LICENSEE will always have the right to use derivative works of the Work LICENSEE create, consonant with this License.

 

7. TRADEMARKS

The LICENSEE is not granted any right or license under this License to use any trademarks, service marks, trade names, products names, or branding of Persistant Studios or its affiliates (“Trademarks”).

 

8. NOTICES & THIRD-PARTY RIGHTS

This License, including the copyright notice associated with the Work, must be provided in all substantial portions of the Work and derivative works thereof (or, if that is impracticable, in any other location where such notices are customarily placed). Further, if the Work is accompanied by a PopcornFX “third-party notices” or similar file, The LICENSEE acknowledges and agrees that software or content identified in that file is governed by those separate license terms.

 

9. DISCLAIMER, LIMITATION OF LIABILITY

THE Work AND ANY DERIVATIVE WORKS THEREOF IS PROVIDED ON AN “AS IS” BASIS, AND IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. IN NO EVENT SHALL ANY COPYRIGHT HOLDER OR AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, AND BUSINESS INTERRUPTION), OR OTHER LIABILITY WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR OUT OF, OR IN CONNECTION WITH, THE Work OR ANY DERIVATIVE WORKS THEREOF OR THE USE OF OR OTHER DEALINGS IN SAME, EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

10. STUDIO WORK CREATIONS

“Studio work creation” (SWC) means special effects created with PopcornFX Editor Software. LICENSOR can provide SWC in different ways: some SWC are integrated in PopcornFX Editor as free items, learning tools or customizable bases.

Licensee can produce its own SWC by using PopcornFX Editor.

The present Agreement doesn’t allow in any circumstances LICENSEE to sell a SWC outside of the Game Product named in this agreement. LICENSEE may use, copy, reproduce and distribute the included data in the licensed Game product either for educational or commercial purpose. Licensor shall retain all rights, including copyrights of all media elements provided with the Software Product. In any case, for any use of the creations provided by Licensor and owned by Licensor, Licensors property and rights shall be clearly mentioned in Licensee’s project. Any breach to this requirement shall terminate this agreement.

 

11. COMMUNICATION & MARKETING ACTIONS

Shipped projects have to be communicated to Persistant Studios

The PopcornFX logo shall be displayed in the title screen (or splash screen) and in the credits of the Game, along with the text : “Particle VFX powered by PopcornFX – © 2022 Persistant Studios”

When the project is shipped or disclose to the public

Persistant Studios have the Right to

  • Name the LICENSEE in all Persistant Studios marketing material
  • Publish press releases telling that the Customer is using Software Product provided

 

12. CHANGES TO THIS AGREEMENT

We may make changes to this Agreement from time to time.

LICENSEE understands and agrees that if it uses the WORK after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.

 

13. TERM AND TERMINATION

Use in Compliance with Law and Termination. The LICENSEE exercise of the license granted herein will at all times be in compliance with applicable law and will not infringe any proprietary rights (including intellectual property rights); this License will terminate immediately (i) on any breach by The LICENSEE of this License; and (ii) if the LICENSEE commence any form of patent litigation, including a cross-claim or counterclaim, against anyone wherein the LICENSEE alleges that the Work constitutes direct or secondary/indirect patent infringement.

 

14. SEVERABILITY

If one of the provisions of this Agreement proves to be invalid, unlawful or inapplicable, this shall not affect the validity, lawfulness and applicability of the other provisions. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the parties will negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.

 

15. APPLICABLE LAW, JURISDICTION

This Agreement will be governed by and construed in accordance with the laws of France.  Each of the parties submits to the exclusive jurisdiction of the courts located in Paris in connection with any action brought under this Agreement.

(22.02.2022)