End User License Agreement

Wonderland Engine’s EULA.

Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of Wonderland Engine.

By using the “Wonderland Engine” you are entering a limited license agreement with Wonderland GmbH, Cologne, Germany, effective when you first accept this license agreement (the “Agreement”), run the Software, or view any of the Wonderland Engine Code.

If you do not agree to all terms and conditions in this license, you are not permitted to use Wonderland Engine or related content.

1. Grant of License

Wonderland GmbH grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software for any lawful purpose (the “License”), provided you comply with all applicable terms in this Agreement. The License does not grant you any ownership in the Software.

Wonderland GmbH or its licensors own all title, ownership rights, and intellectual property rights in Wonderland Engine. You own all rights in the Products you develop under the License, other than the Wonderland Runtime, Third Party Software and any Contributions. All rights granted to you under this Agreement are granted by express license only and not by sale, and all of those rights are limited by the terms of this Agreement. No license or other rights will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense under this Agreement that is not consistent with the terms of this Agreement will be void.

You may not distribute the Software apart from the Wonderland Runtime. You may distribute the Wonderland Runtime only as an inseparable part of your product.

When you generate revenue from a Product or Distribute it to end users, you must provide Wonderland GmbH with advance notification at wonderlandengine.com/release, as early as reasonably possible, including the name of the Product, the format of distribution, unique Product id (where applicable), and the distribution channel(s).

You may Distribute the Engine or Engine Code (including Engine Code modified by you) to other Licensees of the Software, who have agreed to the terms of the Agreement.

You also may Distribute Content to an Engine Licensee who is your employee or your contractor who does not have rights under their license to the same Content, but only to permit that Engine Licensee to utilize that Content in good faith to develop a Product on your behalf for Distribution by you under the License, and not for the purpose of Content pooling or any other Distribution or sublicensing of Content that is not permitted under this Agreement. Recipients of such a Distribution have a limited license to use, reproduce, display, perform, and modify that Content to develop your Product as outlined above, and for no other purpose.

You may Distribute or sublicense Examples (including as modified by you under the License) in Source Code or object code format to any third party. However, this does not expand or modify your limited Distribution and sublicensing rights for Engine Code and Content (including as modified by you under the License) that are not Examples.

You may not sublicense the Software in object code format, or any Content, except to grant end users the ability to use, or to permit your publishers and distributors to market and Distribute, a Product that you Distribute above. This paragraph does not limit your rights to Distribute and sublicense Examples.

You may not engage in any activity with respect to the Software, including as incorporated into a Product, (1) in violation of any applicable law or regulation; (2) in which the Software is rented or leased; (3) that misappropriates any of Wonderland GmbH’s other products or services; (4) in support of a claim by you or any third party that the Software infringes a patent. You also may not sell or grant a security interest in the Software.

2. User License

The Software is licensed to you for use by a single User. The User may store the Software on any of the User’s computers, but the Software cannot be shared with others (including any other employees or agents) except through a permitted Distribution as described above.

In order to access and download the Engine Code and Content, you must set up an Account. You may not share or allow others to use your Account. You are responsible for the security of your Account. For questions regarding your Account, please go to wonderlandengine.com/terms-of-service.

Under the License, the User may use the Software for as long as you comply with this Agreement. If you are a legal entity, references to “you” in this agreement also apply to the User in all cases. You are responsible for the User’s compliance with this Agreement.

If you are an Academic Institution, your use is not limited to a single User. Instead, you may store that Software on any of your computers, and you may allow all users of those computers to use that Software under the License. However, those users are not authorized under your License to Distribute or sublicense the Software (including as incorporated in a Product). For that, they must obtain a License of their own.

3. Royalty

You agree to pay Wonderland GmbH a royalty equal to 10% of all worldwide gross revenue actually attributable to each Product, regardless of whether that revenue is received by you or any other person or legal entity, as follows:

(a) Gross revenue resulting from any and all sales of a Product through any and all media, including but not limited to digital and retail; (b) Gross revenue resulting from any and all in-app purchases, downloadable content, microtransactions, subscriptions, sale, transfer, or exchange of content created by end users for use with a Product, or redemption of virtual currency, either within a Product or made externally but which directly affect the operation of the Product; (c) Gross revenue from any Kickstarter or other crowdfunding campaign which is directly associated with Product access or in-Product benefit. (d) Your revenue from advertising in the Product and affiliate programs; (e) Revenue from advance payments for a Product (from a publisher or otherwise); (f) Revenue received in connection with a Product’s inclusion in a streaming, subscription, or other game-delivery service, including without limitation development funds and bonuses; and (g) Revenue in any other form actually attributable to a Product (unless excluded below).

However, no royalty is owed on the following revenue:

Gross revenue attributable to Products you developed under the License in an amount of up to $120,000 in the aggregate for all Products per each calendar year (e.g., if you have developed two Products under the License generating a gross revenue of $50,000 (Product 1) and $100,000 (Product 2) in a calendar year, you have to pay a royalty of 10% of $30,000 = $3,000 in this calendar year); once the $120,000 threshold is exceeded in a calendar year, the royalty is payable on a quarterly basis as stipulated below;
Consulting fees or work-for-hire fees which are non-recoupable for services performed using the Software (e.g., an in-house training application);
Revenue from ancillary products which are not software and which do not contain embedded information (such as QR codes) which affects the operation of the Product (e.g., comic books, soundtracks, apparel);
Financial winnings generated by awards for the Product;
Revenue from donations for a Product which are not tied to Product access or in-Product benefits;
Revenue collected from an end-user buyer of in-game items or other in-game content for your Product which is sold by an end-user seller and which is actually paid to the end-user seller and is not retained by you or any other party.
Revenue (e.g. advertising) from video streaming services (live or on-demand) generated by videos that show you using the Software or a Product.

The royalty is based on gross revenue from end users, regardless of whether you sell your Product to end users directly, self-publish via a store or platform, or work with a publisher. The following simplified example illustrates the application of the royalty to gross sales: if your Product earns $10 on a platform, the platform may pay you $7 (having deducted 30% as a distribution fee), but your royalty to Wonderland GmbH would still be 10% of $10 (or $1), always subject to the $120,000 threshold stipulated above in Section 3.1.

Royalties that you pay on an advance payment of revenue for a Product that is recoupable by the payer, such as a publisher, may be credited against future royalty payments that you incur under this Agreement for that Product.

Gross revenue attributable to Products and royalties must be reported and paid on a per-Product basis. Except for the exemption stipulated in Section 3.1 above ($120,000 threshold), royalty exemptions may not be aggregated across multiple Products.

Within 30 days after the end of each calendar quarter in which a Product earns revenue outside of the above-listed royalty exclusions, you must pay to Wonderland GmbH the full amount of the royalty due for that quarter and send Wonderland GmbH a royalty report on a per Product basis. Detailed information on royalty reporting and payment can be found at wonderlandengine.com/royalty.

The royalty will be payable under this Agreement with respect to each Product for as long as any Project or Packaged Project incorporated in or used to make the Product are protected under copyright or other applicable intellectual property law.

4. Payments

Wonderland GmbH reserves the right to charge a late fee of 9% above the base interest rate of the European Central Bank per year, for any amounts unpaid after the required due date.

You are responsible for all taxes on all payments required to be made by you under this Agreement (other than taxes that Wonderland GmbH is obligated to pay on its income, which are Wonderland GmbH’s responsibility). If you are required by a government agency to reduce your payment to Wonderland GmbH for any reason, you are required to provide sufficient documentation to Wonderland GmbH supporting the withholding.

5. Records and Audits

You agree to keep accurate books and records related to your development, manufacture, Distribution, and sale of Products and related revenue. Wonderland GmbH may conduct reasonable audits of those books and records. Audits will be conducted during business hours on reasonable prior notice to you. Wonderland GmbH will bear the costs of audits unless the results show a shortfall in payments in excess of 5% during the period audited, in which case you will be responsible for the cost of the audit.

6. Support

6.1.

For Licensees who have not purchased Support Wonderland GmbH has no support obligations.

6.2.

You may decide to purchase Support for a certain Support Period against payment of a Support Fee. The exact scope of Support shall be defined and offered by Wonderland GmbH on its website or otherwise. The following basic rules apply:

(a) All Support services are subject to payment of the Support Fee requesting the Support. No Support shall be rendered after the Support Period expired.

(b) Support is available in the English language only (both for requests for Support and Support services).

(c) Wonderland GmbH may offer certain additional support services (e.g. packages of certain amounts of hours of support services) during the Support Period, which may be subject to the payment of fees in addition to the Support Fees as set forth on Wonderland GmbH’s website. If a you have purchased packages of hours of support services then the rendering of such support services are subject to a valid subscription of Support. Wonderland GmbH shall not be obligated to render support services under such packages after the Support Period has expired.

(d) In no case does Wonderland GmbH warrant any results or success of Support, only the rendering of Support services.

(e) Wonderland GmbH reserves the right to accept or reject Support requests for development services, new features, porting and the like at its sole discretion. The acceptance of Support requests may be subject to further condition as determined by Wonderland GmbH in its sole discretion, e.g. time and cost forecasts, providing details of hardware configuration, software configuration (including driver versions), error logs, screens shots and detailed reproduction steps. Wonderland GmbH may also require access to the source code of the Product.

(f) The Parties agree that the primary means of communication shall be by electronic mail or submission of Support requests to an online software tool established for this purpose by Wonderland GmbH.

(g) In case of training the details of the training (especially the dates) are subject to further consultation between the parties. In case of onsite training, you shall bear all costs (if any) for traveling, as well as 4-stars accommodation and meals of Wonderland GmbH’s staff involved.

7. Feedback and Contributions

If you provide Wonderland GmbH with any Feedback, Wonderland GmbH is free to use the Feedback however it chooses. If you make any Contribution available to Wonderland GmbH, you hereby assign to Wonderland GmbH all right, title, and interest (including all copyright, patent, and other intellectual property rights) in that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights are not effectively assigned under applicable law, you hereby grant Wonderland GmbH a non-exclusive, fully-paid, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Contribution for all current and future methods and forms of exploitation in any country. If any of those rights may not be assigned or licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all of those rights. However, you may continue to freely use any Feedback that you provide to Wonderland GmbH, and you may continue to use, in any manner consistent with the License, any Contribution that you make available to Wonderland GmbH.

You understand and agree that Wonderland GmbH is not required to make any use of any Feedback or Contribution that you provide. You agree that if Wonderland GmbH makes use of your Feedback or Contribution, Wonderland GmbH is not required to credit or compensate you for your contribution.

You represent and warrant that you have sufficient rights in any Feedback or Contribution that you provide to Wonderland GmbH to grant Wonderland GmbH and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.

8. Third Party Software

The Engine Code includes Third Party Software components. If Third Party Software has separate software license or attribution requirements, the license terms or other attribution requirements for Third Party Software components can be found in the installation directory for each engine version (under the /third-party subfolder). By entering into this Agreement and using Third Party Software, you are accepting the terms of those licenses. In this case, the Third Party Software terms will govern your use of the Third Party Software, and if there is inconsistency, those terms will take precedence over the terms of the License for the Third Party Software. You agree that the owners of the Third Party Software are intended third party beneficiaries to this Agreement in relation to your uses of Third Party Software.

9. Ownership

Wonderland GmbH or its licensors own all title, ownership rights, and intellectual property rights in the Engine Code and Content. You own all rights in the Products you develop under the License, other than the Engine Code and Content, Third Party Software, and any Contributions. All rights granted to you under this Agreement are granted by express license only and not by sale, and all of those rights are limited by the terms of this Agreement. No license or other rights will be created hereunder by implication, estoppel, or otherwise. Any attempted sublicense under this Agreement that is not consistent with the terms of this Agreement will be null and void.

10. Proprietary Notices and Attribution

You agree to retain and reproduce in all copies of the Software the copyright, trademark, and other proprietary notices and disclaimers of Wonderland GmbH and third parties as they appear in the Engine Code and the Content.

You agree to place the following notices in the credits (replacing xxxx with the current year) for any Product, to the extent such product has credits:

“[Product name] uses the Wonderland Engine. Wonderland is a trademark or registered trademark of Wonderland GmbH in the United States of America and elsewhere”

No other license or right in the Wonderland Trademarks is granted under this Agreement. All use of the Wonderland Trademarks will inure to the sole benefit of Wonderland GmbH. You agree not to engage in any activity that could tarnish, dilute, or affect the validity or enforceability of the Wonderland Trademarks or cause consumer confusion or diminish any goodwill relating to any Wonderland Trademarks. If you wish to make further use of the Wonderland Trademarks, please go to wonderlandengine.com/branding.

Wonderland GmbH may use your trademarks, service marks, trade names, and logos used with any Product, as well as publicly released screen shots and video content from the Product, in connection with Wonderland GmbH’s marketing, advertisement, and promotion of the Wonderland Engine in any and all media without restriction.

11. Disclaimers and Limitation of Liability

The Software and all other materials and information provided by Wonderland GmbH (the “Wonderland Materials”) are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Wonderland GmbH, its licensors, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Wonderland Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Wonderland GmbH knows or has reason to know of that purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Wonderland GmbH, its licensors, and its and their affiliates make no warranty that (1) any of the Wonderland GmbH Materials will operate properly, including as integrated in any Product, (2) that the Wonderland GmbH Materials will meet your requirements, (3) that the operation of the Wonderland Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Wonderland Materials can or will be corrected, (5) that the Wonderland Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer will approve any of your Products, or will not revoke approval of any Product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Wonderland GmbH, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Wonderland GmbH Materials. This paragraph will apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, neither Wonderland GmbH, its licensors, nor its or their affiliates, nor any of Wonderland GmbH’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Wonderland Materials or otherwise in connection with this Agreement, including but not limited to loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Wonderland GmbH, its licensors, nor its or their affiliates, nor any of Wonderland GmbH’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Agreement or the Wonderland Materials, or the delay or inability to use or lack of functionality of the Wonderland Materials, even in the event of Wonderland GmbH’s or its affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Wonderland GmbH or its affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in those states or jurisdictions, the foregoing limitations of liability shall apply only to the full extent permitted by law.

12. Indemnity

You agree to indemnify, pay the defense costs of, and hold Wonderland GmbH, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement (including, without limitation, any Distribution or sublicensing of the Software in violation of this Agreement) or negligence by you, (b) any claim brought by any third party to whom you Distribute or sublicense the Software in violation of this Agreement (including without limitation any claim that the Software infringes a patent), (c) any claim that any Product or any other matter you created, or your exercise of the License, infringes any third party’s intellectual property rights or other proprietary or personal rights (except to the extent of any claim that your authorized use of unmodified Engine Code or Content originally provided to you by Wonderland GmbH under this Agreement infringes any United States patent, trademark or copyright), or (d) any federal, state, or foreign civil or criminal actions related to any Product. You agree to reimburse Wonderland GmbH on demand for any defense costs incurred by Wonderland GmbH and any payments made or loss suffered by Wonderland GmbH, whether in a court judgment or settlement, based on any matter covered by this Section 12.

If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.

13. Export Compliance

You agree to comply with all applicable federal and foreign laws, regulations, and rules, and complete any required undertakings. You will obtain any necessary export license or other governmental approval prior to accessing, downloading, exporting, re-exporting, or releasing the Software. You represent and warrant that you do not appear on any United States list of prohibited or restricted parties (including the Specially Designated Nationals List).

14. Term and Termination

(a) This Agreement will continue in effect unless terminated as described below.

(b) Termination by Wonderland GmbH. Wonderland GmbH may terminate the Agreement by providing written notice if you materially breach any provision of this Agreement and the breach is not curable or, if it is curable, you fail to cure the breach within thirty (30) days of notice of the breach from Wonderland GmbH. Without limiting the foregoing, your failure to make any payment due under this Agreement or breach of any restriction under the License constitutes a material breach of this Agreement.

(c) Termination for Patent Action. The Agreement will terminate automatically as of the date you commence any claim that the Software infringes a patent, or otherwise support any claim by a third party that the Software infringes a patent.

(d) Effect of Termination. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession and cease distributing any Products developed under this Agreement (other than Unrestricted Products). Within 30 days of termination, unless otherwise agreed by Wonderland GmbH, you must destroy all Products in your inventory (other than Unrestricted Products).

(e) No Refunds. Except to the extent required by law, all payments, fees and royalties are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.

(f) Surviving Provisions Sections 3-5, 7-9, 11, 12-24 will survive termination of this Agreement.

15. Governing Law and Jurisdiction

You agree that this Agreement will be deemed to have been made and executed in Cologne, Germany, and any dispute will be resolved in accordance with German law, excluding that body of law related to choice of laws. If you are a merchant within the meaning of the German Commercial Code (HGB), section 1, or a public-law juristic person or special fund, any action or proceeding brought to enforce the terms of this Agreement or to adjudicate any dispute must be brought in the courts of Cologne, Germany. You agree to the exclusive jurisdiction and venue of this court. You waive any claim of inconvenient forum and any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply.

Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.

16. Class Action Waiver

You agree not to bring or participate in a class or representative action, private attorney general action, or collective arbitration related to the Software or this Agreement. You also agree not to seek to combine any action or arbitration related to the Software or this Agreement with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

17. U.S. Government End Users

The Software and related documentation are “Commercial Items” (as defined at 48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Software is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees (other than Academic Institutions) under this Agreement.

18. Independent Contractor

You and Wonderland GmbH are independent contractors and are not the legal representative, agent, joint venturer, partner, or employee of the other. Neither party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other party.

19. Amendments of this Agreement

Wonderland GmbH may issue an amended Agreement at any time in its discretion by providing notice to you or by providing you with digital access to the amended Agreement when you next log in to your Account, access the Marketplace, or download additional Content or new Versions. You are not required to accept the amended Agreement. However, in order to continue accessing your Account or to download or use additional Content or new Versions, you must accept the amended Agreement. By logging in to your Account, or downloading or using additional Content or a new Version, you hereby agree to be bound by the amended Agreement then most recently issued by Wonderland GmbH. If you do not accept the amended Agreement, you may not log in to your Account, download or use additional Content, or download or use any new Version that is made available by Wonderland GmbH contemporaneously with or after the issuance of that amended Agreement (but this will not terminate your License for the Software that you downloaded prior to the issuance of the amended Agreement). If you are a legal entity, acceptance of an amended Agreement by any of your Users will be binding on you.

20. Notices

Where this Agreement calls for notice from Wonderland GmbH, including written notice, Wonderland GmbH may provide notice to you at the email address that you provided when you registered for the License (or any updated email address you subsequently provide). Wonderland GmbH’s notices to you will be effective when they are sent to that email address.

21. No Assignment

You may not, without the prior written consent of Wonderland GmbH, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. You also may not transfer your Account. Wonderland GmbH may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement. For clarity, you are not prohibited by Wonderland GmbH from assigning or transferring your rights in your Product, other than the Engine Code, Content, and Contributions. Third Party Software assignment and transfer is governed by the terms of the applicable licenses.

22. Definitions

As used in this Agreement, the following capitalized words have the following meanings:

(a) “Academic Institution” means any educational institution such as, but not limited to, a university, college, or high school, as well as libraries.

(b) “Account” means a user account with a unique ID and associated password selected by you, which enables you to download the Software, Engine Code and Content under the License.

(c) “Content” means any code, artwork, or other content that Wonderland GmbH makes available to you for use with the Engine Code and Software.

(d) “Contribution” means any code, whether in Source Code format or object code format, or any other information or content, that you make available to Wonderland GmbH by any means (e.g. by email, per Discord or other instant messaging, or the Wonderland Engine GitHub repositories). Mere use of code or content with the Software, without making that code or content available to Wonderland GmbH, does not constitute a Contribution.

(e) “Custom License” means any agreement between you and Wonderland GmbH, or any sublicensor authorized by Wonderland GmbH, other than this Agreement or any amendment to this Agreement, under which you are granted a license to use the Wonderland Engine to develop one or more product(s), other than the Wonderland Engine EULA.

(f) “Custom Product” means a product developed pursuant to a Custom License.

(g) “Distribute” means to provide or otherwise make a copy available, or to make its functionality available on a network.

(h) “Engine Code” means the Source Code and object code of the Wonderland Engine, including any future Versions, as made available to you by Wonderland GmbH under this Agreement, and any object code compiled from that Source Code.

(i) “Engine Licensee” means a third party who is separately licensed by Wonderland GmbH to use the Engine Code and Content.

(j) “Feedback” means any feedback or suggestions that you provide to Wonderland GmbH regarding the Software.

(k) “Packaged Project” refers to files ending with .bin and .js, which are created from a Project by the Wonderland Editor.

(l) “Product” means any product developed under this Agreement that is made using the Software or that combines the Software with any other software or content, regardless of how much. For clarification, a website that embeds the Wonderland Runtime on one of its pages is a Product.

(m) “Project” refers to a Content, Code and other files that make up a Product (game, virtual reality app, augmented reality app or otherwise).

(n) “Source Code” means the human readable form of a software program, including all modules it contains, plus any associated interface definition files, scripts used to control compilation, and installation of an executable (object code).

(o) “User” means an individual user who uses a valid Account to access the Engine Code or Content. If you are an individual, “User” means you. For legal entities, “User” means the individual employee or agent through whom you are exercising rights under this Agreement.

(p) “Version” means any updated or upgraded version of the Engine Code or Content that Wonderland GmbH chooses to make available to the public.

(q) “Wonderland Editor” refers to the object code of the Wonderland Engine that may run on MacOS, Windows and Linux.

(s) “Wonderland Engine” means the proprietary computer software program known as the Wonderland Engine and any updates or upgrades to the program made available by Wonderland GmbH.

(t) “Wonderland Runtime” refers to the software that runs on the web, namely all files (and parts thereof) ending with .wasm, .html and .js and other files in the “/deploy” sub-folder of the installed software that are distributed with the Wonderland Engine and as an inseparable part of Products.

(u) “Wonderland Trademarks” means the trademarks, service marks, trade names and logos associated with Wonderland GmbH, Wonderland GmbH’s software and other intellectual property, and the Wonderland Engine.

(v) “You,” “your” or “yourself”, whether or not capitalized in this Agreement, means you as an individual or the legal entity exercising rights under this Agreement through you. For legal entities, “you,” “your” and “yourself” include any entity that controls, is controlled by, or is under common control with you, where “control” means the power, direct or indirect, to cause the direction or management of the entity in question, whether by contract or otherwise, or ownership of 50% or more of the outstanding shares or beneficial ownership of the entity in question.

(w) “Examples” means the Engine Code and Content made available by Wonderland GmbH through its website.

(x) “Software” means any or all of the Engine Code and the Content, including as modified by you under the License.

(y) “Third Party Software” means third party software components included in the Engine Code.

23. Custom Licenses

Custom Licenses are not modified or otherwise affected by this Agreement. For Custom Products the terms of your applicable Custom License will govern all matters (including royalties, notifications, Feedback, Contributions, trademarks, service marks, trade names, logos, screen shots, and video content related to those Custom Products) related to your use of the code, artwork, and content that are licensed to you under that Custom License as applicable, instead of the terms of this Agreement.

As used in this Agreement, the defined term “Product” does not include Custom Products and except as described above, the terms of this Agreement applicable to Products do not apply to Custom Products.

24. Miscellaneous

This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and Wonderland GmbH relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.

The original of this Agreement is in English; any translations are provided for reference purposes only. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.

This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are not enforceable in your jurisdiction, those provisions shall be enforceable to the furthest extent possible under applicable law.

Any act by Wonderland GmbH to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.

Unless otherwise stated in this Agreement, if any term of this Agreement is held by a court or tribunal of competent jurisdiction to be unenforceable, the term will be enforced to the maximum extent permissible and the remaining terms of this Agreement will remain in full force and effect. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.

Wonderland GmbH’s obligations are subject to existing laws and legal process, and Wonderland GmbH may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.