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RMU Terms and Conditions

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RMU Terms and Conditions

These RMU Terms and Conditions (these “Terms,” including the attached Supplementary Provisions of these “Material Terms,” “Game Distribution Terms”, and these “Add-on Terms”) shall apply to all relations between Gotcha Gotcha Games Inc. (hereinafter “we”, “our” or “us”) and the purchaser (the “User”, including the person who installs the RMU on compatible computer devices) of our product “RPG MAKER Unite” (“RMU”). The User shall read these Terms before using the RMU. The User shall be deemed to have agreed to these Terms upon use of the RMU.

In addition, when we provide terms of use and precautions, etc., in addition to these Terms (the “Terms of Use”) on the official website (https://rpgmakerofficial.com/, hereinafter the “Official Website”), the User shall comply with the Terms of Use in an integrated manner with these Terms.

 

To use the RMU, it is necessary to install the game developer and related software (the “Unity Software”) provided by Unity Technologies ApS (“Unity”). The User shall be deemed to have agreed that the RMU does not include the Unity Software and that these Terms shall not apply to the Unity Software.

The use of the Unity Software is governed by the Unity Service regulations (the “Unity Regulations”). The User shall review and agree to the Unity Regulations to use the RMU.

Click here for the Unity Regulations 

Unity Terms of Service(https://unity3d.com/legal/terms-of-service)

 

Article 1 (Scope of Application)

  1. These Terms shall apply only to personal usage (including commercial usage). These Terms shall not apply to any business use and commercial use of any form of corporation, group, association, foundation, public organization, political organization, religious organization, academic organization, administrative organization, educational institution, or any other equivalent organization (collectively, “Corporation, etc.”). If the User falls within a Corporation, etc., the User shall agree to terms of use based upon individual consultations with us.

 

　　For inquiries about a Corporation etc., please visit the following: info@gotchagotcha.jp

 

However, if the User is a representative of an individual association to produce independent games (so-called companion circles, etc.), these Terms shall apply.

  1. These Terms apply to the RMU, including the Editor as a game creation tool, the materials, the sample game, and, in the case of the Steam version, the launcher installed with it. However, these Terms shall not apply to the Unity software as above.

 

 

Article 2 (Installation)

  1. The User may install and use the RMU on RMU-compatible computer devices (the “User Device”) by purchasing or licensing it in an authorized manner as recognized by us.
  2. For each RMU purchase, the RMU is available to only one User.
  3. The number of computers on which a single User may install the RMU depends on the store from which it was purchased.

 

　　　Customers purchasing in the Unity Asset Store shall be subject to the Unity Regulations.

　　　Customers purchasing on Steam shall be subject to the terms and conditions of Steam.

　　　Please refer to the respective terms or support information for details.

 

　　　The number of computers on which a single User may install the Unity Software shall be subject to the Unity Regulations, regardless of the purchase store.

 

 

Article 3 (Certification)

  1. When using the RMU, the User shall authenticate under the RMU certification procedure if we separately provide it. If the User has duly purchased the RMU through Steam, it shall have been certified at the time of such purchase.
  2. If the certification in the preceding clause is not completed successfully, the User shall agree in advance that the RMU may not be started or used for any reason whatsoever.
  3. The User shall authenticate under the procedures provided by Unity for use of the Unity Software.

 

 

Article 4 (Handling of Personal Information)

We shall handle personal information provided by the User appropriately under our “Privacy Policy” (https://www.gotchagotcha.jp/privacy.html).

 

 

Article 5 (License)

We hereby license the User who has purchased the RMU in an authorized manner as recognized by us to use the RMU as follows:

 

  1. To create an original game (the “User Game”) using the RMU (including the computer programs that make up the RMU) and the materials contained in the RMU (text, music, images, etc. collectively, “Our Material”). When using Our Material, the User shall comply with these Material Terms in the attached Supplementary Provisions of these Terms.

 

  1. To reproduce, transfer, sell, rent out, publicly present, transmit to the public, or make the User Game created under the preceding item available for transmission (collectively, “Distribution, etc.”) whether paid for or for free. However, in this case, the User shall comply with the Game Distribution Terms in the attached Supplementary Provisions of these Terms.

 

 

Article 6 (User Representations and Warranties)

The User represents and warrants as follows:

 

  1. The User has the legal capacity to agree to these Terms.

 

  1. The User complies with all applicable laws and regulations regarding the use of the RMU and is subject to these Terms.

 

 

Article 7 (Prohibited Activities)

  1. When using the RMU, the User shall comply with the duties of the User provided in these Terms and properly and lawfully use the RMU.
  2. When using the RMU, the User shall not engage in any of the following acts:

 

  1. To allow more than one person to use the RMU installed on the User Device in accordance with paragraph 1 of Article 2.
  2. To unlock the security of the RMU by taking advantage of a bug or defect in the RMU or by using the RMU in a manner not permitted by us. To create derivative software, regardless of the manner in which the RMU is altered, modified, adapted, translated, or otherwise. However, the materials included in the RMU are governed by the Supplementary Provisions.

 

  1. Distribution, etc., of all or part of the RMU or any computer program that makes up the RMU (“Our Program”) without our prior written consent. However, the materials included in the RMU are governed by the Supplementary Provisions.

 

  1. Any act in violation of these Terms.

 

  1. Any act that causes or is likely to cause damage to us, other Users, or other third parties.

 

  1. Any other act that we deem inappropriate.

 

  1. If the User breaches any of the obligations of this article, we may issue warnings or take other measures against the User. If the User causes damage to us due to the User’s breach of the obligations in this article, the User shall indemnify us for such damages (including reasonable attorneys’ fees).

 

 

Article 8 (Ownership of Rights)

  1. Copyrights, neighboring rights, and other intellectual property rights related to the RMU (including Our Program and Our Material) shall belong to us and to third parties we recognize.
  2. Copyrights, neighboring rights, and other intellectual property rights related to the User Game (excluding Our Program and Our Material) and materials (text, music, images, etc.) created by the User shall belong to the User who created the User Game and the materials.

 

 

Article 9 (Feedback by Users)

If the User provides us with any comments, suggestions, or feedback regarding the RMU or other services we provide, the User agrees that we are free to use, disclose, reproduce, license, or otherwise exploit any such comments, suggestions, or feedback in any way we deem appropriate, without any obligation or restriction whatsoever.

 

 

Article 10 (Disclaimer)

  1. If we are liable for minor negligence for damage caused to the User by using the RMU or otherwise in connection with the RMU, the damage for which the User is entitled to claim compensation from us shall be limited to the purchase price of the RMU incurred by such User. In this case, the damage shall be limited to direct and ordinary damage actually caused to the User. We will not be liable for any special damage, indirect damage, lost profit, attorney’s fees, or similar damage to the User. However, this limitation of liability shall not apply if we are willfully or grossly negligent.
  2. We take care to maintain the reliability of the RMU but do not warrant the following, and the User shall use the RMU at their own risk and expense.

 

  1. Fitness for a particular purpose of the RMU

 

  1. Reliability and stability of the operation of the RMU

 

  1. We will not be liable for any trouble or dispute with any third party arising from the use of the RMU or the production and Distribution, etc., of the User Game by the User.

 

 

Article 11 (Assignment of Contractual Status)

If we have transferred the business related to the RMU to a third party (including the case where the business is succeeded due to business transfer, share transfer, merger, or company split or for any other reason), in connection with such a business transfer, etc., we may transfer the contractual status based on these Terms, rights, and obligations and information of the User to the transferee of such business transfer, etc., and the User agrees to such assignment, etc., without objection to this Article.

 

 

Article 12 (Changes to these Terms)

We may change these Terms without the consent of the User. In the event of any change of these Terms, we will notify the User or publicize the updated Terms by posting the effective date and details of the updated Terms on the Official Website or by any other appropriate means. However, if there is any change that requires the consent of the User under applicable laws, we shall obtain the User’s consent in a manner prescribed by us.

 

 

Article 13 (Interpretation)

The original version of these Terms is the Japanese version, and any Terms, which have been translated into a language other than Japanese, have been prepared as a reference. If there is any discrepancy between the original Japanese version and the relevant reference translation, the Japanese version shall prevail.

 

 

Article 14 (Contact)

Inquiries regarding the RMU and other contact from the User to us, and notices regarding any amendment to these Terms and other contact from us to the User shall be made in the manner prescribed by us.

 

 

Article 15 (Severability)

If any of the provisions or any part contained in these Terms are declared invalid or unenforceable under the Consumer Contract Act and other applicable laws and regulations, the validity and enforceability of the remaining provisions in these Terms shall in no way be affected or impaired.

 

 

Article 16 (Governing Law)

These Terms shall be governed by and construed in accordance with the laws of Japan.

 

 

Article 17 (Jurisdiction)

The Tokyo District Court shall be the exclusive jurisdictional court of first instance in the event of any dispute as to the use of the RMU or the interpretation and application of these Terms.

 

 

Effective as of February 10, 2022

 

 

 

 

 

[Supplementary Provisions]

The Game Distribution Terms and Conditions

 

These Game Distribution terms and conditions (these “Distribution Terms”) stipulate that the User of the RMU shall produce the game (the “User Game”) using the RMU and distribute, etc., the User Game. The User shall comply with these Distribution Terms which are an integral part of these Terms.

Definitions of terms or conditions of use that are not specifically provided for in these Distribution Terms shall be governed by these Terms. However, if there is any discrepancy between these Distribution Terms and these Terms, these Terms shall prevail.

 

Article 1 (Conditions for Distribution, etc.)

  1. The Users may distribute, etc., the User Games only if the following conditions are met:

 

  1. It is a game created by the User who has purchased the RMU in an authorized manner.

 

  1. The User Game does not infringe or is unlikely to infringe the rights (copyrights, trademark rights, honorary rights, portrait rights, etc.) and interests of any third party. In addition, the User Game has not caused, and is unlikely to cause, any damage to any third party.

 

  1. The User Game shall not be infected with computer viruses and not provide harmful programs such as computer viruses through the User Game (including spam).

 

  1. The User Game does not violate or is unlikely to violate laws, regulations, rules, orders, or public policy.

 

  1. The User Game does not induce or is unlikely to induce anti-social behavior.

 

  1. The User Game does not violate these Distribution Terms and these Terms.

 

  1. Any other act that we consider inappropriate is not conducted.

 

  1. The User shall be responsible for their own expense in the production and Distribution, etc., of the User Game and shall not cause any inconvenience to us.

 

Article 2 (Notice, etc., to Users)

When Distributing, etc., the User Game, the User shall notify or indicate the following matters to the user of the User Game:

 

  1. Have the opening credits of the User Game bear the RMU logos and notations designated by us.

 

  1. Indicate that the User Game was created in the RMU in the attached document (if there is no attachment document in the help file or a position visible to the user of the User Game. The same shall apply hereinafter).

 

  1. The following rights shall be stated in the attached document:

 

RPG MAKER Unite is copyrighted by Gotcha Gotcha Games Inc. or by a third party approved by Gotcha Gotcha Games Inc.

RPG MAKER Unite is a registered trademark or trademark owned by Gotcha Gotcha Games Inc.

 

  1. Prohibit the act of extracting and Distribution, etc., of Our Program or Our Material from the User Game (whether paid for or for free).

 

  1. Prohibit the act of extracting and altering Our Program or Our Material from the User Game.

 

  1. Prohibit the act of extracting Our Material from the User Game and using it for their own games (whether paid for or for free).

 

 

Effective as of February 10, 2022

 

 

[Supplementary Provisions]

Material Terms and Conditions

 

These Material terms and conditions (these “Material Terms”) stipulate the use of the materials included in the RMU and other products in the Maker Series in the RMU (“Other Maker Products” described in Article 3) by the User.

The User shall comply with these Material Terms which are an integral part of these Terms. These Material Terms do not apply to materials distributed separately or in a bundle with the RMU or Other Maker Products, and the terms of use of each material shall apply.

Definitions of terms or conditions of use that are not specifically provided for in these Material Terms shall be governed by these Terms. However, if there is any discrepancy between these Material Terms and these Terms, these Terms shall prevail.

 

 

Article 1 (Use)

Only users who have purchased the RMU in an authorized manner may use Our Material in the RMU for their programs other than the RMU and works created with gaming tools from other companies.

 

Article 2 (Restriction on Use)

Users may modify and use Our Material in the RMU to introduce them to their blogs, portfolios, etc. However, it is not permitted to use the modified materials commercially or distribute, etc., Our Material.

 

Article 3 (Use of Materials for Other Maker Products)

Users may: a) use Our Material in the RMU for other products in the Maker Series; b) use Our Material in Other Maker Products.

However, in the case of a), consent and compliance with the terms of use of Other Maker Products are required. In the case of b), consent and compliance with these Terms are required.

 

Other Maker Products

『RPG Maker MZ』

『RPG Maker MV』

『RPG Maker MV Tool SAKAN』

『RPG Maker MV Tool MADO』

『RPG Maker MV Tool GENE』

『Visual Novel Maker MV』

『Action Game Maker MV』

『RPG Maker VX Ace』

『RPG Maker VX (including the set-up version and VALUE! version of the “Maker Materials Collection　Wa”)

『Maker Series Materials Collection Wa』

『RPG Maker XP』(including VALUE! version)

『RPG Maker 2000』(including VALUE! version)

 

Effective as of February 10, 2022

 

 

 

[Supplementary Provisions]

Add-on Terms and Conditions

 

These Add-on terms and conditions (these “Add-on Terms”) stipulate the use of the add-ons included in the RMU and the add-ons created or provided by us for our Maker Series products (the “Official Add-Ons”) and the add-ons created by the User (the “User Add-Ons”). The User shall comply with these Add-on Terms which are an integral part of these Terms.

Definitions of terms or conditions of use that are not specifically provided in these Add-on Terms shall be governed by these Terms. However, if there is any discrepancy between these Add-on Terms and these Terms, these Terms shall prevail.

 

 

Article 1 (Use)

Only users who have purchased the RMU in an authorized manner may use the Official Add-Ons in the following ways:

 

  1. Adding or changing the functionality of the User Game by using the Official Add-Ons or the User Add-Ons.

 

  1. Modify the Official Add-Ons only for use in the User Game.

 

  1. To distribute, etc., the Official Add-Ons and the Official Add-Ons modified under the preceding item together with the User Game produced by Our Products. The Official Add-Ons and the modified Official Add-Ons may be distributed, etc., only if they are distributed, etc., together with the User Game produced by Our Products.

 

 

Article 2 (Ownership of Rights)

  1. The copyrights, neighboring rights, and other intellectual property rights of the Official Add-Ons belong to us or any third party we recognize.
  2. The copyrights, neighboring rights, and other intellectual property rights of the User Add-Ons belong to the User or any third party the User recognizes.

 

 

Article 3 (Prohibited Activities)

The Official Add-Ons and the modified Official Add-Ons shall not be distributed, etc., independently or in combination with programs other than the User Game.

 

 

Article 4 (Disclaimer, etc.)

  1. We shall not claim restrictions on the use of add-ons created or provided by third parties except in the event of damage or loss to us, our directors and employees, the RMU, or Our Products. The terms of use of such add-ons shall be subject to the terms of use of the third parties, and we will not be liable for any problems with the User and third parties.

 

  1. We will not provide support for the User Add-Ons, third-party add-ons, the Official Add-Ons modified by users, or modifications to the Official Add-Ons (collectively, “All Add-Ons”).

 

  1. We use the utmost care to maintain the reliability of the Official Add-Ons, but we do not guarantee the fitness of the Official Add-Ons for a particular purpose and the reliability and stability of the operation of All Add-Ons, and the User shall use All Add-Ons at their own risk and expense.

 

  1. We will not be liable for any failure or damage caused to the User by using All Add-Ons or any trouble or dispute between the User and a third party arising from the distribution, etc., of the revised All Add-Ons.

 

 

Effective as of February 10, 2023

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