DEFOLD TERMS OF SERVICE

OVERVIEW

This overview provides a short explanation of the terms of service which govern your use of our Website, our Services and the Defold Software. By accessing and/or using our product and services, you are agreeing to these terms and our Privacy Policy(ies):

• Yep, it’s free - Defold is provided free of charge. You don’t have to pay us anything for developing or publishing the Games you create using our Services.

• How can I get involved? - You can get involved as a community member by registering here: forum.defold.com and here www.defold.com/discord.

• You own your stuff - You will retain the rights and ownership of your creations in Defold and any intellectual property, code and assets you upload.

• Publishing platforms have terms and costs - You will need to be a registered developer with the platforms on which you wish to publish your Games. Such publication will be subject to the terms and conditions set by the relevant platform provider.

• We track basic data in the Defold Editor to improve Defold and provide better support - In order to provide our services and improve our product we save aggregate and anonymised data such as usage logs and error reports. We explain what data we collect from you and how we use it in our Services Privacy Policy, which you can access here: www.defold.com/privacy-policy/

• We might change stuff - We will try to let you know of any significant changes to these terms or to any part of the Defold services.

• Issues/Feedback/Reporting Abuse/Complaints: Please send any feedback, issues, complaints and let us know if you feel others are abusing the Website by emailing us at: [email protected].

DEFINED TERMS

Sometimes in these Terms we use defined terms as an abbreviation, to make this document easier to read. You can see a list of the defined terms we use here:

• “Built-In Files” mean the built-in code files that we make available to you via the Website or Defold Software to help you develop your Game.

• “Community Account” means the account required in order to access and use the Community Forum.

• “Community Account Terms” mean the additional terms that apply when you register for a Community Account and, together with the General Terms, govern your use of the Community Forums.

• “Community Forum” means the interactive community forum where we and other Community Account holders provide notifications, updates, guidance and advice on all things related to the Defold Software and Website. You can access and interact with this forum once you have a Community Account.

• “Content” means information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, stored, communicated, transmitted or otherwise made available via our Website and/or Services by you or another user.

• “Defold Editor” means the game editing software which we make available via the Website.

• “Defold Engine” means the game engine which we make available via the Website and Defold Editor.

• “Defold SDK” means the native extension SDK which we make available via the Website and Defold Editor.

• “Defold Game Templates” mean the game templates we make available to you via the Website or Defold Software to help you develop your Game.

• “Defold Materials” mean the marketing materials, art assets and any other materials that we make available to you via the Website or Defold Software which you can include in your Game, such as the “Made with Defold” logo.

• “Defold Software” means, collectively, the Defold Editor, the Defold Engine and the Defold SDK.

• “Defold License Terms” means the additional terms that apply when you use the Defold Software and, together with the General Terms and the Community Terms (if applicable), govern your use of the Defold Software.

• “Developers” means a developer of a Game using the Defold Engine.

• “Games” mean games for any platform developed by either you or third party developers using our Services and which incorporate the Defold Engine.

• “General Terms” mean the terms and conditions that apply in all circumstances and cover your use of the Website, our Services as well as the Defold Software and the Community Forums (if you register for these Services).

• “Services” means all the services and tools which we make available to you.

• “Services Privacy Policy” means the privacy policy applicable to your use of our Services and the Website, which you can access here: www.defold.com/privacy-policy/

• “Terms” means, collectively, our terms and conditions for using the Website, Services, the Community Forums and Defold Software, which you can access here www.defold.com/terms-and-conditions/

• “Website” means our website at www.defold.com

PART A - INTRODUCTION

1. ABOUT YOU AND US

1.1 These Terms (as defined below) create a legal agreement between you (“you” or “your”) and Stiftelsen Defold Foundation, a foundation incorporated and registered in Sweden with company number 802481-5162 whose registered office is at PO Box 6034, 129 06, Hägersten, Sweden, on behalf of our group companies (“we”, “us” or “our”).

1.2 The following legal terms of service and privacy policies apply to our relationship with you in the following situations. Collectively, we refer to the terms and policies as the “Terms” throughout this agreement. If you do not agree with these Terms then do not use any of the Services we provide:

• The General Terms – these terms apply in all circumstances and cover your use of the Website as well as the Defold Software and the Community Forums (if you register for these Services). You can access these terms here.

• The Defold License Terms – these additional terms apply when you use the Defold Software and, together with the general terms, govern your use of the Defold Software. You can access these terms here.

• The Community Account Terms – these additional terms apply when you register for a Community Account and, together with the general terms, govern your use of the Community Forums. You can access these terms here.

• The Services Privacy Policy – this policy explains what data we collect from developers who use our Website and Services and how we use it. You can access this policy here www.defold.com/privacy-policy/.

1.3 YOU AGREE THAT BY ACCESSING AND/OR USING OUR SERVICE, YOU ARE AGREEING TO THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.

2. DEFOLD ACCOUNTS

2.1 Please note that in order to create an account with us:

• You will need a Google email address or a Twitter or GitHub account.

2.2 In order to access certain Services we provide, you will need to register for an account with us.

• Community Account – If you wish to access and post Content on any of our Defold Community Forums you can do so here: forum.defold.com.

2.3 You promise that you own the account you use for registration for an account and that all the information you provide to us is and shall remain true, accurate and complete at all times. We reserve the right to suspend or terminate any or all of your accounts if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

2.4 You agree that you shall take all steps necessary to protect your log-in details and keep them secret. You agree that you shall not give your log-in details to anyone else or allow anyone else to use your log in details or account.

2.5 You accept full responsibility if you fail to keep your login details secret or if you share your log-in details or access to any of your accounts with someone else (including anyone with whom you choose to collaborate).

PART B – GENERAL TERMS FOR USE OF OUR SERVICES AND THE WEBSITE

These general terms apply in all circumstances and cover your use of the Website, our Services and the Community Forums (if you register for these Services).

1. ACCESSING OUR SERVICES AND THE WEBSITE

1.1 Charging - We do not charge you to use any of our Services or for accessing the Website or for using the Defold Software. You are responsible for the internet connection and/or mobile charges that you may incur for using our Services. You should ask your internet/mobile operator if you are unsure what these charges will be, before you use our Services.

1.2 Right to Modify or Withdraw - We have the right to withdraw or modify the Website and Services (in each case in whole or in part) from time to time without liability to you. Please see section “Termination of Service”, which explains why we might withdraw our provision of the Website and/or Services, and what will happen if we do.

1.3 Downtime - There may also be times when the Website or Services (or any part of them) are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. Where possible we will try to give notice in advance of any planned downtime via the Website.

2. USER CONDUCT

2.1 You must comply with all laws that apply to you when you access our Website and/or Services. If any laws applicable to you restrict or prohibit you from using our Website and/or Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the same.

2.2 You further agree that you will not:

• use our Website or our Services to harm anyone or to cause offence to or harass any person;

• reproduce, mirror, duplicate, copy, sell, resell or exploit any portion of, use of, or access to any of the Websites or any of the Services to any third party without our express prior permission;

• use any of the Website or Services we provide for fraudulent or abusive purposes;

• ‘harvest’, ‘scrape’ or collect any information about or regarding other people including but not limited to any Personal Information or other information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);

• disguise, anonymise or hide your IP address or the source of any Content that you upload;

• use our Website or Services for any commercial or business purpose or for the benefit of any third party other than as expressly permitted in these Terms, or to send unsolicited communications;

• remove or amend any proprietary notices or other ownership information from our Website and/or Services;

• interfere with or disrupt our Website and/or Services or servers or networks that provide any of the same;

• steal or attempt to steal the Games, content or work of any other user of the Website and/or Services;

• attempt to decompile, reverse engineer, disassemble or hack our Website and/or Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

• sell, transfer or try to sell or transfer an account with us or any part of an account; or

• disobey any requirements or regulations of networks connected to our Website and/or Services.

3. NO WARRANTIES

3.1 YOUR USE OF THE DEFOLD TEMPLATES, DEFOLD MATERIALS, THE BUILT-IN FILES AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEFOLD SOFTWARE, DEFOLD TEMPLATES AND/OR THE BUILT-IN FILES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR USE OF DATA THAT RESULTS FROM SUCH USE.

3.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICES, DEFOLD TEMPLATES, DEFOLD MATERIALS, AND BUILT-IN FILES IS AT YOUR SOLE RISK AND THAT EACH OF THE FOREGOING IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE DO NOT GUARANTEE THAT ANY OF THE WEBSITE, SERVICES, DEFOLD TEMPLATES, DEFOLD MATERIALS AND/OR THE BUILT-IN FILES WILL MEET YOUR REQUIREMENTS, BE FREE FROM DEFECTS, VIRUS FREE, SECURE OR ERROR FREE, OR THAT YOUR USE OF ANY OF THE FOREGOING WILL BE UNINTERRUPTED OR SECURE.

3.3 WE AND OUR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION UNLESS EXPRESSLY STATED IN THESE TERMS.

4. OUR LIABILITY TO YOU

4.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or any other liability which may not by law be excluded.

4.2 For any losses or harm (other than those mentioned in section 4.1), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of USD $100. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.

4.3 We are not responsible for:

• losses or harm not caused by our breach of these Terms or negligence; or

• losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

• any increase in loss or damage resulting from breach by you of any of these Terms; or technical failures or the lack of availability of our website and/or social media channels where these are not within our reasonable control.

4.4 We will provide our Services with the same skill and care as other similar website or game engine providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.

4.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

5. YOUR LIABILITY TO US

If you breach these Terms and that breach causes us harm or a financial loss then you agree to compensate us, according to law, for all losses, harm, claims and expenses we reasonably incur which may arise from that breach. Without limitation, some examples of the ways in which you could cause us harm, financial loss, claims and expenses are (i) through your unauthorised use of any third party intellectual property or third party materials you include in your Games; (ii) through your failure to obtain or maintain any third party registration, certification, license or approval required by a third party to publish your Games via their platform(s); (iii) through your breach of any terms and conditions relevant to the publication of your Games on a third party’s platform; and/or (iv) through a breach of our Defold Software license terms.

6. PRIVACY

We will only collect, process, use and share your personal information in accordance with our Services Privacy Policy www.defold.com/privacy-policy/ and as set out in these Terms. By accessing our Website or using our Services and/or the Defold Editor, you agree to the collection, processing and use of your personal data by us. If you do not agree to our Privacy Policy you should not access and/or use our Website, Services and/or Defold Editor.

7. SUSPENSION AND CANCELLATION OF YOUR ACCOUNT(S)

7.1 Cancellation by You. You can cancel your use of our Website, Services and the Community Forums at any time by contacting us at [email protected] and requesting us to delete any account you have registered with us.

7.2 Account Suspension or Cancellation By Us for Your breach of the Terms. We reserve the right to suspend or cancel your access to any or all of your accounts and/or your access to our Website and/or Services (including by deleting your account) if we reasonably believe that you are in material breach of these Terms (including by repeated minor breaches). Without limitation, any breaches of section 2 (User Conduct), section 3 (Content) of the Community Terms (if applicable) are likely to be considered material breaches.

7.3 Account Suspension or Cancellation by Us for Your Inactivity. We reserve the right to suspend or delete any of your accounts if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use your account or any Services associated with that account. Where we delete your account for inactivity we will give you at least three (3) month’s prior notice via email to the address you registered the account with.

8. EFFECT OF CANCELLATION

8.1 Cancellation of Your Accounts for Your breach of these Terms. If we cancel your right to use any of your accounts with us or to access any or all of our Website and/or Services for your breach of these Terms then:

• we reserve the right to delete your accounts;

• you will no longer be able to use any of the Website and/or Services going forwards;

8.2 Cancellation of Your Account by You/For Inactivity. If you cancel your account or if we cancel your account due to your inactivity then:

• we will delete your accounts;

• you will no longer be able to use any of the Website and/or Services going forwards;

9. WITHDRAWAL OF THE SERVICES/WEBSITE

9.1 We have the right to withdraw or modify one or more of the Website and Services (in whole or in part) without liability to you from time to time:

• for technical reasons (such as technical difficulties experienced by us or on the internet);

• to allow us to improve user experience;

• where we have legal reasons for doing so (including privacy, regulatory or other legal objections to the content or conduct of our Services);

• because it no longer makes business sense for us to provide the relevant Service; or

• because we have altered the Services we provide.

9.2 Where we decide to withdraw our provision of the Website and/or Services we will announce this decision on the Website.

10. LINKS

We may link to third party websites or services from our Website. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

11. TRANSFERRING THESE TERMS

We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so, provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this transfer in writing.

12. ENTIRE AGREEMENT

These Terms (including the Defold Software license terms and the Community license terms if you have a Community account) set out the entire agreement between you and us concerning our Website, Services and Defold Software and they replace all earlier agreements and understandings between you and us.

13. CHANGES TO THESE TERMS

We reserve the right to update these Terms from time to time by posting the updated version on the Website. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing the Website and our Services.

14. SEVERABILITY

If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable.

15. WAIVERS OF OUR RIGHTS

Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

16. COMPLAINTS AND DISPUTE RESOLUTION

Most concerns can be solved quickly by contacting us at: [email protected]. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these Terms shall be governed by and construed in accordance with the laws of Sweden.

17. QUESTIONS ABOUT THESE TERMS

If you have any questions about these Terms you may contact us by email at: [email protected].

18. FEEDBACK

We appreciate your feedback on how we can improve our site and the software and materials we make available to you through it. In order for us to continue to be able to make these items available to you and our other users we need to fully own the rights in them. Therefore, you agree that we shall own all rights (including all intellectual property rights) in all oral and written feedback that you provide to us in connection with your use of the Defold Software, the Defold Materials and our Website. If requested by us and at our expense, you agree to execute all documents and provide us with all assistance that we may reasonably require from you in order to: (i) vest such rights in us; and/or (ii) register such rights in our name or the name of one of our Affiliates; and/or (iii) assist us against any allegation of infringement by a third party. If you don’t wish to transfer ownership of your feedback to King, then please do not provide your feedback to us. This clause applies in respect of the items we own and make available to you only; nothing in this clause is intended to give us any rights (including any intellectual property rights) in your Game.

PART C – TERMS FOR THE COMMUNITY ACCOUNT

These additional terms apply when you register for a Community Account and, together with the General Terms, govern your use of the Community Forums. Capitalised terms which are not defined in these Community Account Terms have the meaning as set out in the General Terms.

Subject to your acceptance of and compliance with: (i) the General Terms; and (ii) the Community Account Terms stated below, we agree to provide you with access to the Community Forums.

You can use the Community Forums to post Content, including advice, tips and recommendations, on the Community Forums. The Content you provide may be associated with your user name.

You are responsible for all Content that you upload, post or otherwise make available when using the Community Forums. You agree not to upload, store, communicate, transmit or otherwise make available any Content:

• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, obscene, illegal or otherwise objectionable;

• that is or could reasonably be viewed as invasive of another’s privacy;

• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;

• which you do not have a right to make available lawfully (such as insider information, information which belongs to someone else or confidential information);

• which infringes any intellectual property rights or other proprietary right of others; * which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or

• which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

By submitting Content to the Community Forums, you confirm that you own all rights in any Content you post and you acknowledge that such Content, once posted, will not be considered confidential or proprietary.

We may use, edit, adapt, publish and distribute any Content you post on the Community Forums it in any and all media (whether it exists now or in the future) for the purposes of: (i) providing the Services and the, Community Forum and the Website to you and other users; and (ii) in connection with the promotion of the Services and the Website, including in any promotional materials which we create in connection with the Services and/or Website in each case in perpetuity and without any payment being due to you.

We do not control or actively monitor Content posted on the Community Forums by you or others, therefore we do not guarantee the accuracy, integrity or quality of that Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Community Forums or the Website. Notwithstanding the foregoing, we reserve the right to remove any Content from our Community Forums or Website if we, in our sole discretion, decide that it results in or from a breach of any part of these Terms, or that it may bring us, our Services or our games into disrepute.

Should you wish to complain about any Content posted by any other user, or any use of your Content by us or any other user, please contact us at: [email protected].

PART D – DEFOLD LICENSE TERMS

These additional terms together with the General Terms govern your use of the Defold Software. Capitalised terms which are not defined in these Defold Software license terms have the meaning as set out in the General Terms, which you can access here.

1. THE DEFOLD SOFTWARE

The Defold software consists of:

• the Defold Game Engine;

• the Defold Editor;

• the Defold SDK; and

• the empty app that allows you to test your creations,

(collectively the “Defold Software”).

2. LICENSE TO THE DEFOLD SOFTWARE

The Defold Software license terms apply when you use the Defold Software and, together with the general terms, govern your use of the Defold Software. You can access these terms here.

3. LICENSE TO THE DEFOLD ADDITIONAL MATERIALS

3.1 Subject to your compliance with the Defold License Terms, we grant you, for the duration of the legal protection of the intellectual property rights contained therein a non-exclusive, non-transferable, worldwide, royalty-free license to:

• copy and redistribute the Defold Game Templates, the Built-In Files and the Defold Materials as part of the Games only;

• remix, adapt, modify, transform, make derivate works from and build upon the Defold Game Templates, the Built-In Files and the Defold Materials; and

• make available copies of, and distribute, the Defold Game Templates, the Built-In Files and the Defold Materials as part of a Game to third party distributors who license or sell such Games on your behalf, including without limitation app store providers such as Apple, Google and Amazon.

3.2 We shall retain all rights in the Defold Game Templates, the Built-In Files and the Defold Materials that we provide to you. Between you and us, you shall own all intellectual property rights in and to any modifications, derivative works or any software or material which you develop and/or build upon the Defold Game Templates or using the Built-In Files.

4. OWNERSHIP OF YOUR GAMES

We make no claim over your Games or any intellectual property rights that you include in your Games.

5. USE OF THIRD PARTY SOFTWARE AND MATERIALS

5.1 We may provide you with certain shared files and open source software in connection with the Defold Software, the Built-In Files and/or the Defold Game Templates. Your use of any shared files and/or open source software which we provide shall be subject to the license terms of such files and software.

5.2 It is your choice as to whether you wish to include third party software and/or materials in your Games. If you choose to include third party software and/or materials in your Games then you, and not us, will be responsible for ensuring that you obtain and maintain on a fully paid up basis all necessary licenses, permissions, consents and approvals required from the applicable third parties for the purposes for which such software and/or materials in your Games.

6. SUPPORT/UPDATES

6.1 We may, but are not obliged to, provide updates and/or modifications to any of the Defold Software from time to time and without notice to you. Please check the Defold Website for details of any material updates/modification we make. Any updates and modifications we make available shall be governed by the Terms, unless accompanied by a separate license agreement. You understand that such updates may require you to make changes to your Games in development.

6.2 We may, but are not obliged to, provide maintenance and support for the Defold Software. Should you require support in using the Defold Software we recommend that you use the Community Forum.

6.3 If you need to report any error or defect in any of the Defold Software, please contact us at: [email protected].

7. DATA COLLECTION

You acknowledge and agree that the Defold Editor may report back information to us, including data on your usage of the editor.

8. YOUR PRIVACY POLICY FOR PLAYERS

8.1 It is a condition of your License to the Defold Software that you shall distribute a privacy policy with your Games which complies with all applicable data privacy laws and which: explains to your users what data you collect, how, what you do with it and what measures you take to store and protect it;

8.2 Failure to comply with the licensing agreement may result in us revoking your license as well as demanding compensation for any potential costs or damages incurred by us due to your failure to comply with these Terms.

9. INDEPENDENT DEVELOPMENT

Nothing in these Terms will impair our, or our group companies’ or affiliates’ right to develop, acquire, License, market, promote or distribute products or technologies that perform the same or similar functions as, or otherwise compete with products or technologies you may create, whether using the Defold Software or not.

10. BUNDLING YOUR GAME FOR PUBLICATION

10.1 When you are ready to extract your Game for publication you can use our bundling tool to compile the Game for the platform(s) on which you wish to publish it, PROVIDED THAT:

• you are a registered developer on the platform(s) on which you wish to publish the Game;

• you comply with all of the terms and conditions of the applicable distribution platform; and

• you have all the necessary certification, consents, permissions, licenses and approvals needed in order to publish the Game on the applicable platform and in the territories in which you wish to make it available.

10.2 It is your responsibility and not ours to obtain and maintain all applicable registrations, certifications and approvals you need to publish and distribute your Game on a platform from the relevant platform.

10.3 CERTAIN PLATFORMS MAY REQUIRE YOUR GAME TO UNDERGO A SUBMISSION PROCESS BEFORE THEY AGREE TO PUBLISH AND DISTRIBUTE YOUR GAMES ON THEIR PLATFORMS. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT YOUR GAMES WILL PASS THIS PROCESS AND WILL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY) YOU MAY INCUR IF THE AVAILABLE PLATFORM PROVIDER REJECTS YOUR GAME FOR ANY REASON. THIS IS YOUR RESPONSIBILITY AND IT IS BETWEEN YOU AND THE APPLICABLE PLATFORM PROVIDER TO AGREE AND RESOLVE.