Store Licensing

Last updated on 26 Jun, 2023

Parties and Definitions

The following Licences (the “Agreements”) constitutes an agreement between you (the “Licensee”) and the seller of the asset you have purchased (“Seller”). Licensee may not use any content without agreeing to the terms set forth in this Agreement. If Licensee does not agree to these Agreements, or any other Agreements that may be incorporated by reference therein, usage of content is not permitted.

As used in this agreement, “Licensed Content” refers to any content downloaded from the Construct.net Asset Store that are distributed under the terms of this agreement that have been paid for in full. “Work for Distribution” refers to a derivative work incorporating the Licensed Content under the terms of this agreement.

Modification of Agreements

Modification outside the terms of this Agreement is only permitted with explicit written permission from the respective copyright holders.

Warranties

Scirra Ltd and the Sellers expressly disclaim any warranty for all Licensed Content in the Construct.net Asset Store. The Licensed Content is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. The Sellers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within Licensed Content. Sellers make no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Sellers further expressly disclaim any warranty or representation to Authorized Users or to any third party.

Limitation of Liability

In no event shall Scirra Ltd or the Sellers be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Licensed Content, even if Scirra Ltd or the Sellers have been advised of the possibility of such damages. In no event will Scirra Ltd or the Sellers be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Scirra Ltd and the Sellers shall have no liability with respect to the Licensed Content of the Scirra Store or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Grant of License

This Agreement is a license, not an agreement of sale. Licensee shall not acquire any copyright ownership or equivalent rights to any of the Licensed Content. Seller and the Licensed Content sources retain all right, title and interest in and to all of the copyrights, trademarks, and all other proprietary rights in the Licensed Content. All rights in and to Licensed Content not expressly granted in this agreement are retained by Seller or its suppliers.

Specific Asset Class Terms

  • Construct 3 and Construct Animate Licenses

    If you are a business of any size/type, you are strictly prohibited from purchasing Personal Edition licenses under all circumstances regardless as to the intended use of the software unless you have prior written confirmation from us. If you are unsure or unclear about which license you should buy, you must email us for clarification before purchasing a license. If you are a business using Personal Editions, your license may be revoked.

    Businesses who purchase Startup Business licenses are only permitted to buy these licenses over standard Business Licenses if they meet the following criteria: a) Annual company revenue is less than or forecast to be less than $50,000 USD (or equivalent in other currencies) revenue per year b) AND net assets are less than $100,000 USD (or equivalent in other currencies) c) AND the business has 3 or less full time employees (including owners and company directors).

    Startup Businesses who meet this criteria who then forecast or do exceed these conditions must not renew their Startup Business plan and purchase full businesses licenses when the current paid for period ends.

    Educational licenses are strictly only permitted to be purchased by educational organisations where the primary end user of the software is a student in a learning environment. If you are unsure if you qualify for educational plans, you must contact us prior to purchase to confirm elegibility.

    You agree to pay in full any shortfall from the incorrect license purchase to us as soon as an incorrect licensing has been identified.

  • Free Sample Download

    Free samples are permitted for use in non commercial projects only. Non commercial is defined as one which no revenue or immaterial benefit is derived from the work directly or indirectly.

  • Asset License

    One Project License

    A 1 Project License permits use of the Licensed Content in up to 1 Work For Distribution.

    Unlimited Project License

    An unlimited Project License permits use of the Licensed Content in unlimited Works For Distribution.

    Exclusive License

    An Exclusive License permits use of the Licenses Content in unlimited Works For Distribution.

  • EBook License

    You are authorised the download of an unrestricted number of copies of the electronic book (ebook) in any of the available formats. You are granted a nonexclusive, nontransferable license to use the ebook according to the terms and conditions herein. This License Agreement permits you to install the ebook on any and all your devices for your personal use only.

  • Theme License

    You are authorised the download of an unrestricted number of copies of the theme. You are granted a nonexclusive, nontransferable license to use the theme according to the terms and conditions herein. This License Agreement permits you to install the theme on any and all your devices for your use only.

  • Game Tools

    1 purchase of a tool permits usage for 1 individual user. If you have a team of 3 who need to us this tool, 3 licenses will be needed. The license for all tools is not transferable in any way, including but not limited to lending, resale, transfer of rights/license.

    Each tool you purchase can only be downloaded to and stored on a maximum of 5 devices and/or computers at any one time.

    You are not permitted to modify or reverse engineer the tools in any way (including but not limited to removal of copyright notices).

    You fully own all copyright and other rights to any content you generate from scratch within the tools that the tool was specifically designed to create permitting you have a valid license for the tool and you have paid in full for the tool.

  • Game License Terms

    Licensee is only permitted to deploy the Licensed Content on the web. Licensee may use the Licensed Content on 1 domain name (the “Domain Name”), and all subdomains of that domain name. The Licensed Content may be stored on unlimited servers as long as the Licensed Content is only accessible via the single domain name. Once published to a chosen domain name, the Licensed Content is not permitted for transfer to another domain name.

  • Game Source License

    You are authorised the download of an unrestricted number of copies of the game. You are granted a nonexclusive, nontransferable license to play the game according to the terms and conditions herein. This License Agreement permits you to install the game on any and all your devices for your personal use only.

    The source files of the game are strictly for demonstrative and educational purposes only. You may not extract or use any of the assets in the source file in any of your works. You must not directly copy the source code or events into your games.

  • Game License

    You are authorised the download of an unrestricted number of copies of the game. You are granted a nonexclusive, nontransferable license to play the game according to the terms and conditions herein. This License Agreement permits you to install the game on any and all your devices for your personal use only.

Transfer of License

The licenses are non transferable in any way, including but not limited to: resale, transfer of license/rights, lending.

Term and Termination

The license contained in this Agreement terminates automatically without notice from Seller if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must with immediate effect stop using the Licensed Content, destroy, delete and remove the Licensed Content from Licensee’s premises, computer systems and storage. Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

Forbidden Usages

Licensed Content may not be used contrary to any restriction on use indicated herein.

Licensed Content may not be resold, sublicensed, assigned, transferred or otherwise made available to third parties except as incorporated into Works for Distribution. Licensed Content may not be distributed to third parties as standalone files or in a way that unreasonably permits the recipient to extract the Licensed Content for use separately and apart from the Work for Distribution.

Licensee may not distribute the Licensed Content in any library or reusable template, including but not limited to game templates, website templates intended to allow reproduction by third parties on electronic or printed products. Licensee may not distribute Licensed Content in a manner meant to enable third parties to create derivative works incorporating Licensed Content.

Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell audio tracks as backgrounds, hold music, ringtones etc.

Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.

Licensee shall not use the Licensed Content in a manner that violates the law of any applicable jurisdiction.

Licensee shall not claim copyright or attribution of Licensed Content.

Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether directly or in context or juxtaposition with other materials.

Governing Law

All disputes are to be settled through courts in the United Kingdom. This agreement shall be construed in accordance with the laws in the United Kingdom. All parties hereby consent to the jurisdiction of the courts of the United Kingdom. If any part of this agreement is deemed unenforcable or invalid by the law, the remaining parts of the agreement will remain in effect.

Changes to these Terms

From time to time we may make revisions to our terms and policies. If we do they will be published to this page. Your continued usage of the Construct.net asset store implies consent to the updated policies and terms.