GameMaker Source Code License Agreement
Last updated: 12 September 2024
This GameMaker Source Code License Agreement (“Agreement”) governs your access to and use of the human-readable computer instructions (“source code”) for the proprietary computer software program known as 'GameMaker', including any update or upgrade thereto (“GameMaker Source Code”).
This Agreement only addresses your access to and use of the GameMaker Source Code.
Your right to distribute the runtime portion of GameMaker in executable (binary) code format as integrated into the game or other similar product (“Product”) you create using GameMaker, is defined in the relevant GameMaker Runtime License you have purchased and terms of service, as posted on the Legal tab of our website.
1. This is a contract. This Agreement forms a binding contract between you and Opera Norway AS, a Norwegian company with an address at P.O. Box 4214 Nydalen, NO-0401 Oslo, Norway (“Opera”). You may not access or use the GameMaker Source Code if you do not accept the terms in this Agreement. By accessing and/or using the GameMaker Source Code, you agree to be bound by all the terms and conditions set forth in this Agreement. If you are under thirteen (13) years of age, you are not eligible to access or use the GameMaker Source Code and should not do so.
2. You are only granted a limited license to the GameMaker Source Code. Subject to the terms and conditions of this Agreement, Opera hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to:
(A) access the GameMaker Source Code solely through third parties designated by Opera (presently through GitHub); and
(B) use, copy, modify, extend, or alter the GameMaker Source Code, as well as integrate it with other software, solely for the purpose of debugging and/or optimizing the export of your Product.
You may only use the GameMaker Source Code as expressly authorized in this Section 2. For the avoidance of doubt, this Agreement does not allow any sublicensing or commercial use of the GameMaker Source Code.
3. You must respect our rights in the GameMaker Source Code. You may not combine or otherwise use the GameMaker Source Code with software, code or any other type of content, covered by the license (eg. General Public License (GPL), Lesser General Public License (LGPL) (other than as dynamically linked code)) directly or indirectly requiring that GameMaker Source Code as a whole or any part of it shall be governed by terms other than this Agreement. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the GameMaker Source Code. You may not separate the components of GameMaker Source Code programs or sublicense, lease, rent, loan, or distribute the GameMaker Source Code to any third party. You may not permit, direct or authorize any third party to take any action with respect to the GameMaker Source Code which is inconsistent with the terms set forth in this Agreement.
4. The Game Maker Source Code contains our valuable intellectual property. You acknowledge and agree that the GameMaker Source Code, including its sequence, structure, organization and applicable documentation, contains valuable trade secrets and other intellectual property of Opera and its suppliers. The GameMaker Source Code is licensed and not sold to you, and no title or ownership to such GameMaker Source Code or the intellectual property rights embodied therein is granted to you. The GameMaker Source Code is the exclusive property of Opera and its suppliers, and all rights in and to the GameMaker Source Code not expressly granted to you in this Agreement are reserved. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Opera, except to the extent necessary for you to use the GameMaker Source Code as expressly permitted under this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to Opera for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
5. Contributions. If, as a consequence of your usage of GameMaker Source Code under this Agreement, any software, code or any other type of content is created based on GameMaker Source Code (further referred to as “Contribution(s)”, where “Contribution” means a derivative work created by you and submitted by you to Opera. For the purposes of this definition, "submitted" means any form of submission to Opera or its representatives, including but not limited to, via a source code control system such as GitHub, but excluding communication that is conspicuously marked or otherwise designated in writing as "Not a Contribution."), and you decide to make it available to Opera, you: (i) shall do it via source code repository of Opera’s choosing (presently: GitHub); (ii) you represent and warrant that each of your Contributions is entirely your own original creation and contains no material from any third party; (iii) by submitting the Contribution to the aforesaid source code repository, you grant to Opera and its licensees, a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable and transferable license to use, reproduce, distribute, import, modify, sell, prepare derivative works of, display, perform and otherwise exploit the Contribution.
6. Components from third parties may be delivered along with the GameMaker Source Code. The GameMaker Source Code is delivered along with certain software components provided by third parties (“Third Party Software”). Opera shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This Agreement governs your use of the GameMaker Source Code. Source code for any open source Third-Party Software delivered along with the GameMaker Source Code can be obtained at https://gamemaker.io/en/legal/thirdpartysoftware or by sending an email message to [email protected].
7. Your license to use the GameMaker Source Code terminates if you breach this Agreement. This Agreement will commence upon your access to the GameMaker Source Code and continue in perpetuity unless terminated earlier as provided herein. This Agreement will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of the Agreement, you will discontinue all use of the GameMaker Source Code, promptly destroy or have destroyed the GameMaker Source Code and any copies thereof, and, upon request by Opera, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. Section 1, as well as Sections 3 through 12 of this Agreement shall survive termination.
8. The GameMaker Source Code is provided without any warranties or guarantees. THE GAMEMAKER SOURCE CODE IS PROVIDED “AS IS”, AND OPERA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE GAMEMAKER SOURCE CODE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. OPERA DOES NOT WARRANT THAT THE USE OF THE GAMEMAKER SOURCE CODE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE GAMEMAKER SOURCE CODE DOES NOT CONTAIN ANY VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE GAMEMAKER SOURCE CODE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY OF OPERA’S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GAMEMAKER SOURCE CODE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GAMEMAKER SOURCE CODE.
9. Opera is not liable for any damages you may incur. IN NO EVENT SHALL OPERA, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS, LOST DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OPERA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO OPERA IN RESPECT OF THE GAMEMAKER SOURCE CODE GIVING RISE TO THE CLAIM OR, IF NO FEES WERE PAID, THEN FIVE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPERA. OPERA WOULD NOT PROVIDE THE GAMEMAKER SOURCE CODE TO YOU ABSENT SUCH LIMITATION.
10. This contract is based on Norwegian law. This Agreement will be governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. All actions or proceedings arising under or related to this Agreement must be brought in the Oslo City Court, and you hereby agree to irrevocably submit to the exclusive jurisdiction and venue of any such court in all such actions or proceedings. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby.
11. Opera may modify these Terms. Opera may update the terms of this Agreement, the Privacy Statement or the Terms of Service. The current version of this Agreement is posted at https://gamemaker.io/legal/sourcecode, the latest version of the Privacy Statement is posted at https://legal.opera.com/privacy, and the Terms of Service are posted at https://legal.opera.com/terms. It is your responsibility to remain informed of any changes as you are bound by the latest version of the Agreement, Privacy Statement and Terms of Service.
12. General. You acknowledge and agree that the GameMaker Source Code may contain cryptographic functionality the export of which may be restricted under applicable export control law. You will comply with all applicable laws and regulations in your activities with regard to the GameMaker Source Code. You will not export or re-export the GameMaker Source Code in violation of such laws or regulations or without all required licenses and authorizations. You may not assign or transfer this contract without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this restriction will be null and void.