EVERGINE LICENCE AGREEMENT

Please read this Agreement carefully. This document constitutes a legal document which detail the rights and obligations related to Evergine usage and its linked content. The LICENSEE must read this agreement carefully and be sure that has understood it completely. This Agreement replaces any prior proposals, representations, or understandings between the parties identified herein.

Evergine (hereinafter, the “Software” or “Software Library”) is owned by PLAIN CONCEPTS S.L.U (hereinafter “PLAIN CONCEPTS”).

This non-exclusive licence is valid according to the current version of this Agreement between YOU (hereinafter “LICENSEE”) and PLAIN CONCEPTS. This Agreement is in force at the moment you download, copy or use the Software or any part or components thereof.

The LICENSEE acknowledges and accepts that the Software or any part or component thereof is protected by copyright and by this Agreement. The LICENSEE only acquires the limited rights therein. If YOU (the LICENSEE) don’t agree with the terms of this document, you aren’t allowed to download, copy, or use this Software or any of its related contents, or any part of it.

1 LICENCE GRANT

1.1 PLAIN CONCEPTS herein grants the LICENSEE a licence for this current version non-exclusive, limited, non-transferable, non-sublicensable, to use, reproduce, display, and run the Software Library for own projects development, which the LICENSEE may then subsequently licence, or otherwise use without limitation.

Provided that the LICENSEE complies with the conditions fixed in this Agreement, the Software Library could be used to for commercial and non-commercial purposes.

1.2 This licence authorizes the LICENSEE to download the Software to carry out developments, updates, expansions, extensions, and modifications to products/packages/projects developed with the Software.

1.3 All rights not expressly granted to the LICENSEE under this Agreement are reserved by PLAIN CONCEPTS.

2 FORMS OF DISTRIBUTION

2.1 PLAIN CONCEPTS, as Software owner, allows the LICENSEE to distribute the products/packages/projects developed with, using, or incorporating the Software Library or any part or component thereof, provided that the LICENSEE does so in compliance with this Agreement.

2.2 This licence allows the use and integration of the Software Library into your own products/packages/projects, but it doesn’t grant access, permission, modification or sub-licensed the source code in any way. The LICENSEE agrees not to reverse engineering, decompile, disassemble, modify, translate, or attempt to discover the Software’s source code.

2.3 The LICENSEE can incorporate and/or use the Software Library, any part or component thereof, in all the developments it carries out and can distribute (including sub-license) them freely. The LICENSEE can sub-licence its rights to: 1) End users; 2) To publishers and distributors for the purpose of distributing and selling the projects (made by the LICENSEE) to other distributors and end users; 3) To its subcontractors for the purpose of marketing the project integrating the Software.

2.4 The LICENSEE acknowledges that he is the only responsible for the Software integration tasks in his projects.

3 NEW VERSIONS

3.1 This licence is granted for the Software version which is current at the time this Agreement is accepted. PLAIN CONCEPTS may provide maintenance, updates, modifications, or new versions of the Software at any time during the term of this Agreement, but in no case PLAIN CONCEPTS is obliged to do it.

3.2 Any updates to the LICENSEE’S IT infrastructure to enable the installation of patches or updates are the sole responsibility of the LICENSEE.

3.3 If PLAIN CONCEPTS develops a new version of the Software, the licence Agreement will be updated in accordance with section 12 of this Agreement. By downloading and using the Software, the LICENSEE accepts again the terms of the new version Agreement. The new version of the licence doesn’t affect products/packages/projects developed by the LICENSEE that have been developed with previous versions of the licence.

3.4 PLAIN CONCEPTS warrants that no maintenance, upgrade, modification, or new version of the Software will adversely affect other then existing installations or functions of the initial Software.

4 THIRD-PARTY SOFTWARE.

4.1 The Software or its components include software developed by third parties. If the third-party software has a separate licence or attribution requirements, by accepting this Agreement or using the third-party software the LICENSEE is accepting the terms of those licences.

4.2 The licences and attribution requirements of the third-party software that will be used can be found within the installation directory:

    Evergine.Editor\X.X.X.XXXX-version\Editor\thirdparty.txt

5 SUPPORT

The use of this licence under this Agreement terms doesn’t include the support service for the Software or its components. If the LICENSEE wishes to obtain additional Evergine services, visit https://www.evergine.com

6 GENERAL RESTRICTIONS

The LICENSEE knows and accepts that:

- The LICENSEE can’t adapt, reinvent in any way the Software or any of the components, parts or terms associated with it, for commercial purposes that compete with and are detrimental to PLAIN CONCEPTS.

- The LICENSEE can’t remove the property, hide, or alter the notice of copyright, trademarks or other intellectual and/or industrial rights related to the Software.

- It doesn’t have any right, title or interest in the intellectual and industrial property associated with the Software, including but not limited to, possible patents, copyrights, trademarks, trade names, trade secrets, know-how, technical information, graphics, user interfaces, processes, appearance, improvements, and modifications other than as granted herein.

- The rights attributed to the LICENSEE in accordance with this Agreement will be strictly necessary for the correct use of the Software in the terms and conditions described.

- The Software may work together with third-party products. The LICENSEE is responsible for ensuring that their use is properly licensed.

- It’s totally prohibited to use the Software for illegal purposes or effects, in any way contrary to current legislation, or that is harmful to the interests of PLAIN CONCEPTS or third parties.

7 LIMITATION OF LIABILITY

7.1 PLAIN CONCEPTS warrants that the provided Software has the functions and features described in all extensions described on the Evergine website and in its official documentation.

7.2 The LICENSEE waives all guarantees, specifically, and without being limited to, the following:

- The correct performance of the Software, including any part or component thereof.

- For any kind of loss or damage resulting from the use or inability to use the Software or its components.

- The repaying any amount of money for damages suffered.

- The Software and its components exactly meet LICENSEE’S requirements or needs.

- To having continuous access or uninterrupted performance of the Software and its components.

- To any errors.

- To any defect in the Software or its components.

- To any defect from any manufacturer or third-party.

7.3 Neither party shall have any liability to the other for any losses or damages which may be suffered by the other (or any person claiming under or through it), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in this Agreement, delict (including negligence).

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

8 PROPERTY RIGHTS

8.1 PLAIN CONCEPTS is the legal and exclusive owner of the property and other rights and interests related to the ownership of the Software, which ones includes copyright, documentation or technical or operational manuals, as well as successive and derived versions thereof, including modifications and improvements, including any modifications and improvements that could be made to the Software.

8.2 The LICENSEE accepts that all Intellectual Property Rights related to the Software, specifically everything regarding the structure and organization, algorithms and functions Internal protocols, interfaces, graphics, data structures and other internal and external characteristics, source code, APIs, among others, are intellectual property and confidential information of PLAIN CONCEPTS protected by applicable regulations.

8.3 The LICENSEE agrees not to disclose such information to third-parties, nor use said information for any own or third-party purpose that is not required for the use of the Software as established in this Agreement.

8.4 The LICENSEE agrees to immediately notify PLAIN CONCEPTS if he becomes aware of a third-party infringing the Intellectual Property rights described above, including misappropriation of the Software and violation of this licence Agreement. Instead, PLAIN CONCEPTS has the right, but not the obligation, to enforce Intellectual Property Rights against any violation or infringement.

8.5 For the avoidance of doubt, and notwithstanding the provisions contained elsewhere within this agreement, any Intellectual Property Rights in any products/packages/project developed by the LICENSEE incorporating or in any way utilising the Software shall, to the fullest extent permitted by law, belong to the LICENSEE.

8.6 Save to the extent expressly set out in this Agreement, this Agreement is not intended, nor shall it create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it.

9 PROPRIETARY NOTICES

9.1 By downloading the Software or making use of this licence, the LICENSEE agrees to include in the final product developed with the Software a notice stating that such product has been developed using the Software. The LICENSEE agrees to place the following notices in the credits, in the “about” section or in an accessible and visible place (replacing xxxx with the current year of the User's Project) for any product you developed using the Software or any other component thereof. The notice will be as follows:

    "[Product Name] uses Evergine©, property of Plain Concepts, S.L.U."

    “Evergine©, Copyright 2021 - xxxx, Plain Concepts. All rights reserved.”

9.2 The LICENSEE agrees not to participate in any activity that may affect the validity of THE PLAIN CONCEPTS trademarks in connection with the Software or cause consumer confusion.

9.3 PLAIN CONCEPTS may use the trademarks, service marks, trade names, logos, as well as screenshots that are published in the products/packages/projects developed by the LICENSEE who has accepted this Agreement, in relationship with the marketing, advertising and disclosure of Evergine owned by PLAIN DE CONCEPTS.

10 TERMINATION

10.1 Agreement ending: The LICENSEE can terminate this licence at any time by uninstalling the Software and removing any associated documentation and every copy thereof. Failure to comply with any this Agreement obligations will also lead to its resolution.

10.2 Ending due to non-compliance: PLAIN CONCEPTS reserves the right to terminate the Software and its licence, if the LICENSEE violates any applicable regulations in force or any of the terms of this Agreement. If that is the case,

the licence granted under this Agreement will terminate with immediate effect.

10.3 Obligations after the termination: If the Agreement is terminated due to non-compliance, the LICENSEE must immediately stop using the Software and its components.

PLAIN CONCEPTS reserves the right to initiate legal action pursuant to section 11 of this Agreement when any of the forms of termination of it are violated.

11 GOVERNING LAW AND JURISDICTION

11.1 This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.

11.2 The parties irrevocably agree that the courts and tribunals of León (Spain) shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

12 AMENDMENTS OF THIS AGREEMENT

12.1 PLAIN CONCEPTS reserves the right to modify this Agreement at any time and undertakes to announce it. PLAIN CONCEPTS guarantees to the LICENSEE that the Software will be used in accordance with the latest published version of the Software Licence.

12.2 PLAIN CONCEPTS guarantees that the modification of this Agreement doesn’t affect products/packages/projects developed by the LICENSEE that have been developed under previous version of the licence.

12.3 If the LICENSEE doesn’t accept the Agreement of the latest released free version, the LICENSEE may not use the Software in accordance with the latest update, nor any new versions that are developed.

12.4 The failure of a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.

12.5 If and in so far as any part or provision of the Agreement is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Agreement and the remaining provisions of the Agreement shall continue in full force and effect.

14 DEFINITIONS

* Evergine o Software: Evergine is a graphics engine that allows the creation of cross-platform 2D and 3D experiences including PC, Mac, Linux, Web, Android, IOS, VR and AR.

* Use licence or use Rights means the rights granted by PLAIN CONCEPTS to the LICENSEE to install, use, display and execute the Software, as well as to get access to it and/or interact with it in any other way, according to the limits of this Agreement.

* Project: means any final product that has been developed by the LICENSEE using the Software.

* "Intellectual Property Rights”: means all patents, trademarks, registered designs (and any applications for any of the foregoing), copyright (including rights in software - object code and source code), semi-conductor topography rights, database rights, unregistered design rights, rights in and to trade names, business names, domain names, product names and logos, databases, inventions, discoveries, know-how and any other intellectual or industrial property rights in each and every part of the world together with all applications, renewals, revisals and extensions.