Kythera AI Community - End User Licence Agreement (“EULA”)

Kythera AI O3DE Community End User License Agreement (“EULA”)

This is our Community EULA for our Kythera® AI Toolset and Gem for O3DE (“Software”). We are Moon Collider Limited, trading as Kythera AI, a company registered in England under company number 07146900.

Please read this EULA carefully. By accepting this EULA and accessing the Software you are agreeing to its terms. Do not access, download or use the Software if you do not agree with, or don’t want to be bound by the terms of this EULA.

This EULA allows both non-commercial (including academic) and commercial use on the O3DE game engine. If your use is non-commercial, or you are just evaluating the Software during the 60 day trial period, then there are no fees.

If you need clarification of these terms, please email o3de-community-license@kythera.ai

Commercial use

For commercial use, the additional terms of O3DE Commercial Terms will apply and form part of this EULA. Alternative terms are available for enterprise customers, such as no royalty fees and full source code - please see Kythera AI licensing.

License grant

We license use of the Software on the basis of this EULA. We do not sell the Software to you and we remain the owners of the Software, and the intellectual property rights in it, at all times.

As such, the set of compilable programming language text files such as .h and .cpp files (“Source Code”) included with the Software is not under an open source license and you are not allowed to redistribute those files, except where clearly marked as such.

You are entitled under this EULA to use the Software with the O3DE engine in relation to your video computer game projects or any other project. There is no royalty where such use is non-commercial. Where such use involves commercial application or distribution then royalties will be due, as explained in the commercial terms mentioned above.

License Restrictions

You are not permitted to distribute the Software, except without Source Code and as an integral part of a product.

You are not permitted to use the Software in relation to any application or software which competes with the Software. You are not permitted to reverse engineer, decompile or disassemble the Software or any part of it.

You are not permitted to sell, sub-license or lease the Software to any third party. Note that if users of your product make active use of the Software tools (such as game “modding”) this is sub-licensing and must be agreed with us separately.

You are not permitted to transfer this EULA to someone else. We may transfer our rights and obligations under this EULA to another organisation. We will tell you if this happens and ensure that the transfer will not affect your rights under the EULA.

License Limitations

The Software is provided on an ‘as-is’ basis. We do not warrant or guarantee that the Software will meet your particular requirements or that use of the Software will be uninterrupted or error free.

Support

No support is provided under this EULA, however a user forum, updates and further documentation, as well as paid support options are available at: www.kythera.ai/kythera-for-o3de

Liability

To the extent permitted by law we are not liable for any loss or damage arising from the use of the Software.

Warranty

We warrant that to the best of our knowledge and belief the use of the Software as permitted under this EULA will not infringe the intellectual property rights of any third party.

Changes to this EULA

Will give you notice if we wish to change the terms of this EULA. If you do not accept the notified changes you may continue to use the existing Software under the existing terms but certain new features of the Software may not be available to you.

Termination

We may terminate this EULA if you are in breach of its terms or are insolvent.

Additional conditions for commercial use

Where you make use of the Software in a published computer video game the following terms apply:

an in-game credits screen must display our name and logo in a form provided or approved by us, and given equal prominence with other middleware providers.
Our name and logo are given equal prominence to the name and logos of other middleware providers that appear on any splash screen, packaging, documentation or similar online material relating to the game.
You will affix the following copyright notice to the game at the appropriate place, and where all other third party copyright notices are displayed on it:

Data

Any data we obtain from you in relation to this EULA and your use of the Software is used in accordance with our Privacy Policy which is available at www.kythera.ai/privacy-policy.

Governing law

This EULA is subject to English law and the courts of England shall have non-exclusive jurisdiction to hear any dispute arising out of it.

Version E1.0 - 06/07/2021