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Kodu Game Lab EULA

INFINITEINSTANT SOFTWARE LICENSE TERMS and CODE OF CONDUCT KODU GAME LAB 1.6

These license terms are an agreement between InfiniteInstant and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS.
    • Installation and Use. You may install and use any number of copies of the software on your devices.
    • Included InfiniteInstant Programs. The software contains other InfiniteInstant programs. The license terms with those programs apply to your use of them.
  2. INTERNET-BASED SERVICES. InfiniteInstant provides Internet-based services with the software. It may change or cancel them at any time.
    • Consent for Internet-Based Services. The software features described below and in the KODU Game Lab Privacy Statement connect to InfiniteInstant or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see the software documentation. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. InfiniteInstant does not use the information to identify or contact you.
      • Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. InfiniteInstant uses this information to make the Internet-based services available to you. For full information see the Kodu Privacy Page.
    • Kodu Game Lab Community Feature (the “Community Feature”). This feature enables you to share the content that you create using the software (“your content”) with other users of Kodu Game Lab. Specifically the Community Feature allows you to post your content on InfiniteInstant servers such that other users of the Community Feature can access and download it. If you use the Community Feature:
    • You acknowledge that in using the Community Feature, you are accessing InfiniteInstant ’s servers via your internet connection and that you are making your content available to other users of the Community Feature;
    • You hereby grant InfiniteInstant the right, to use, modify, adapt, reproduce, distribute, and display your content posted on or otherwise made available through the Community Feature, solely to the extent necessary to provide the Community Feature, and make the Community Feature capabilities known to other users.
    • You agree that neither your content nor anything else that you contribute to the Community Feature will be offensive, harmful, or in any way inappropriate and that you will comply with the Kodu Game Lab and the Kodu Game Lab Community Code of Conduct, provided below, in your use of the software and Community Feature.
    • You acknowledge that InfiniteInstant reserves the right to remove your content from the Community Feature at any time for any reason at InfiniteInstant ’s sole discretion. - Use of Information. We may use the computer and usage information to improve our software and services. InfiniteInstant may analyze your content for the purposes of understanding how Kodu is used and improving Kodu and other educational software. (For example, we may analyze your content to learn which computer science concepts are being successfully expressed in Kodu’s language, and which may need improvement.) InfiniteInstant may share the analysis with others, such as educational institutions and researchers, for the purposes mentioned above. No personal information is included in the data used for analysis and research.
  3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. InfiniteInstant reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services.
  4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
  5. THIRD PARTY NOTICES. The software may include third party code, InfiniteInstant, not the third party, licenses to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only.
  6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
  7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
  8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
  9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
  10. APPLICABLE LAW.
    • United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
    • Outside the United States. If you acquired the software in any other country, the laws of that country apply.
  11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. INFINITEINSTANT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, INFINITEINSTANT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KODU GAME LAB AND THE KODU GAME LAB COMMUNITY FEATURE CODE OF CONDUCT (“Code of Conduct”)

The Code of Conduct outlines the rules that you need to follow to help ensure that Kodu Game Lab and the Kodu Game Lab Community Feature (the “Community Feature”) are fun for everyone.

You may do the following.

  • Be polite and treat others with respect.
  • Inform us that content you have encountered is offensive - especially if the content is violating the Code of Conduct.
  • Have fun!

Don’t do the following.

  • Don’t use the Services to do anything illegal. You are responsible for your actions and the consequences of your actions on the Community Feature, not InfiniteInstant.
  • Don’t harass, abuse, insult or spam other users, or encourage other users to do so.
  • Don’t create a creator name or game content that other users may be offended by. This includes, without limitation, anything related to or suggestive of: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities.
  • Don’t create a creator name or game content that references controversial religious topics, notorious people, organizations, or sensitive current or historical events that may be considered inappropriate.
  • Don’t distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or unlawful materials in any format (images, audio, video, text, etc.). Prohibited materials include, without limitation, child pornography or illegal drugs. “Sound alike” words or phrases or puns that reference these topics are also prohibited.
  • Don’t post references to websites that violate the Code of Conduct.
  • Don’t give out personal information of other players (such as their real name, address, phone number, credit card number, etc.) in any way (including, without limitation, through the names you create for your creator name or in-game content). This information could be used by other players for illegal or harmful purposes. You should also avoid giving out your own personal information.
  • Don’t post references to materials that could harm other users’ computers or would allow others to inappropriately access software or Web sites.
  • Don’t impersonate, harass, or defame InfiniteInstant employees, moderators, or staff members.

Consequences of Violations.

  • If you violate the Code of Conduct or the Kodu Game Lab License Terms, action may be taken against your account, including without limitation the following.
  • Some offenses warrant an immediate permanent suspension, including without limitation: hacking, fraud, severe racial remarks, depictions of nudity, repeated creation of inappropriate creator names or game content, or posting viruses or URLs to viruses
  • Repeated violations of the Code of Conduct can result in a permanent suspension of your account, or a permanent suspension of any device you are using to connect to the service.
  • If you create a creator name that has been determined to violate the Terms of Use or Code of Conduct, you will be required to change it.

InfiniteInstant is not obligated to send you a warning before these actions occur. If your account is suspended while participating in a tournament or competition InfiniteInstant assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition. InfiniteInstant reserves the right to remove at any time, without notice, any user-created content from the Community Feature. InfiniteInstant can contact any Internet Service Provider and provide the ISP with information on illegal activities.

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