EULA

 

END USER LICENSE AGREEMENT

Last updated June 21, 2022

 

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION OF THIS APPLICATION

 

PixelBasher is licensed to You (End-User) by Blastmode ("Licensor"), for use only under the terms of this License Agreement. 

 

By downloading the Licensed Application from Itch.io’s software distribution platform, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. 

 

The Licensed Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The  Licensed Application is licensed, not sold.

 

Itch.io is referred to in this License Agreement as "Services."The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. 

 

Blastmode, not the Services, is solely responsible for the Licensed Application and the content thereof.

 

PixelBasher when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. 

 

1. THE APPLICATION

 

PixelBasher ("Licensed Application") is a piece of software created to Allow You (End-User) to quickly iterate on pixel art designs by utilizing a library of premade autotiling kitbashing brushes.

 

It is used to allow the creation of art through 'kitbashing' using parts supplied by the Licensed Application.

 

2. SCOPE OF LICENSE 

 

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control. The Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser).

 

2.2  This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

 

2.3  You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application.

 

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Blastmode's prior written consent).

 

2.5  You may not copy (excluding when expressly authorized by this license) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

 

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

 

2.7  Licensor reserves the right to modify the terms and conditions of licensing.

 

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

 

3. NO MAINTENANCE OR SUPPORT

 

3.1  Blastmode is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

 

3.2  Blastmode and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

4. NO WARRANTIES

The Licensor expressly disclaims any warranty for the Licensed Application. The Licensed Application is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. 

The Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Licensed Application. 

The Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. 

The Licensor further expressly disclaims any warranty or representation to the Licensor or to any third party. 

 

5. LIMITATION OF LIABILITY

 

In no event shall the Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the Licensor’s use of or inability to use the Licensed Application, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Licensor shall have no liability with respect to the content of the Licensed Application or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.