CRUSH2D

Engine License Agreement

v.1.0 [4-February-2016]

It is common for developers to supply their end users with a Software Development Kit, called a SDK, along with the game to support mods and other User Generate Content ("UGC"). Here at Data Realms we go the extra mile. Instead of providing a SDK we are providing our customers with our Crush2D game engine ("C2D") with Planetoid Pioneers (the "Game"). The reason we provide C2D with the Game is simple.

C2D was created from the ground up to allow anyone with our Game to create blueprints, planetoids or pretty much anything else in the Game. All of the data that goes into any UGC element gets packaged into a lossless .PNG file. We will refer to these packages as Packed PNG ("PPNG") files. What's so special is that each PPNG is totally independent file entity that can be incorporated into any copy of the Game by a simple drag and drop. PPNG files can be downloaded, emailed, posted and shared.

Anyone with a C2D license can see all of the elements and modify them any way that they want to and then make a new PPNG from the prior one, and so on and so on. Pretty crazy. You can review the C2D tutorials and get more detailed information on the "how to" of C2D PPNG creation and use at wiki.planetoidpioneers.com.

Now the details of the C2D license and what you can and cannot do with it. When you paid for Planetoid Pioneers you did not actually buy the Game or C2D. What you bought was a license to use the software that comprises the Game. You also need to agree to this C2D License to use C2D to make stuff for the Game. This C2D Engine License is a binding contract between you and Data Realms and its licensors, licensees and suppliers.

BY INSTALLING AND LAUNCHING C2D YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE READ THIS C2D LICENSE, AGREE TO ITS TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY DISCONTINUE THE INSTALLATION PROCESS AND CEASE ANY AND ALL USE OF THIS SOFTWARE.

1. Limited Use License

C2D software and any files that are provided with it by digital distribution or on tangible media, as well as any printed materials, patches or updates, (collectively referred to as "PP") contains copyrighted material, trade secrets and other proprietary material of Data Realms and its licensors, licensees and suppliers. C2D is licensed to you for your use. This license is a non-exclusive limited license to install and use C2D yourself. Your continuing license to use C2D is conditioned on your compliance with this C2D License. If you violate any of the terms of this C2D License, all of your right to use C2D will immediately end, without any further notification from Data Realms or anyone else. Once your license is terminated, you will be obliged to immediately uninstall C2D and all of its components.

2. Permitted User Generated Content ("UGC")

As we said, Planetoid Pioneers was designed from the ground up for UGC. The C2D Engine ("C2D") comes with Planetoid Pioneers to create PPNG files for use in the Game. You agree that you will not distribute or share the C2D engine because it is not shareware. You agree that any new PPNG that you make for Planetoid Pioneers, with the C2D engine, are subject to the following restrictions:

• Your PPNG must only work with the full, registered copy of Planetoid Pioneers, not independently or with any other software.

• Your PPNG must not contain modifications to any executable file(s).

• Your PPNG must not contain any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or libelous, defamatory, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party.

• Your PPNG must not contain, or be used in conjunction with, any trademarks, copyright protected work, or other recognizable property of third parties without their written authority.

• Your PPNG must not be used by you, or anyone else, for any commercial exploitation including, but not limited to in-game advertising, other advertising or marketing for any company, product or service.

Unless selected for inclusion in the Planetoid Pioneers' Steam Workshop or other Planetoid Pioneers' Store, PPNG files may only be distributed for free, period. Neither you, nor any other person or party, may sell them to anyone, commercially exploit them in any way, or charge anyone for receiving or using them. You may exchange them at no charge among other end users and distribute them to others for use exclusively with Planetoid Pioneers over the Internet or otherwise for free.

THE PROHIBITIONS AND RESTRICTIONS IN THIS SECTION 2 APPLY TO ANYONE IN POSSESSION OF PLANETOID PIONEERS, C2D OR ANY PPNG.

Data Realms wholeheartedly supports UGC for Planetoid Pioneers. But we need to retain all of our ownership rights in Planetoid Pioneers, C2D and any works derived from C2D. That's just the way it is. So, go make some more cool stuff. But remember that you do not gain any ownership whatsoever in any C2D content nor can you use any C2D content outside the scope of the rights granted here.

3. Make Money from Your UGC

Data Realms will be selling UGC through Steam Workshop and elsewhere (the "Store") to other individuals that have Planetoid Pioneers. We will be working with the community to select the top rated UGC for sale. If one or more of your PPNG are selected for inclusion in the Store, it will be up to you whether you want us to sell it for you or if you want to continue to distribute it for free. If you do want us to include it in the Store you will receive a portion of the revenue derived from the distribution of your PPNG. Prior to inclusion in the Steam Workshop Store you need to agree to the Steam Subscriber Agreement (linked here - http://store.steampowered.com/subscriber_agreement/) as well as Steam's Supplemental Workshop Terms - Revenue Sharing (linked here - https://steamcommunity.com/workshop/workshoplegalagreement/?appid=440) or for other stores some similar additional terms may be required in order to distribute a PPNG on their respective platforms.

4. No Other Commercial Exploitation

You may not use C2D, or any PPNG created for or from C2D or using the C2D engine or any other tools provided with C2D, for any other commercial purposes without the prior written consent of Data Realms or its authorized licensees.

5. Restrictions on Use

Just to make sure you understand what you can and cannot do with C2D and the C2D Engine, here is a list of restrictions to your use of C2D under this C2D License:

• You may not decompile, modify, reverse engineer, prepare derivative works based on C2D (except as permitted in Section 2, above), disassemble or otherwise reproduce the C2D Engine.

• Except as set forth herein, you may not rent, sell, lease, barter, sublicense or distribute C2D. You may not delete the copyright notices or any other proprietary legends on the original copy of C2D.

• You may not commercially exploit C2D or use C2D for any commercial purpose except as described in this agreement.

• You may not electronically transmit C2D from one computer to another or over a network except as described in this agreement.

6. Export Controls

You may not ship or export the C2D Engine to any country other than where you bought it, in violation of the U.S. Export Administration Act (or any other law governing such matters) and you will not utilize and will not authorize anyone to use the C2D Engine in violation of any applicable law. The C2D Engine may not be downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited by applicable law, from receiving it.

7. Abusive Behaviors

We will not tolerate anyone using the game, or any servers or forums provided for the game, to be continually or repeatedly abusive to other players. This includes, but is not limited to, "griefing," racist bigotry, sexism or any other forms of "cyber bullying." If we find you are a Cheater or Abusive, we will revoke your CD key and ban you from Planetoid Pioneers, terminate this C2D license and tell your mom! Your license will automatically terminate, without notice, and you will have no right to play Planetoid Pioneers, use the C2D Engine or make any other use of any PPNG. End of story.

8. Intellectual Property Rights.

Planetoid Pioneers and the C2D Engine and all copyrights, trademarks and all other conceivable intellectual property rights related to the C2D Engine are owned by Data Realms LLC or its licensors, licensees or suppliers and are protected by United States copyrights laws, international treaty provisions, and all applicable laws, such as the Lanham Act. C2D must be treated like any other copyrighted material, as required by 17 U.S.C. #101 et seq. and other applicable law. Please do not make unauthorized copies. The C2D Engine was created through the efforts of many people who earn their livelihood from its lawful use. Please don't make copies for others who have not paid for the right to use it. To report copyright violations to the Software Publishers Association, call 1 800 388 PIR8 or write: Software Publishers Association, 1101 Connecticut Ave., Suite 901, Washington, D.C. 20036.

9. Disclaimer of Warranty

You are aware and agree that use of the C2D Engine and the media on which they are recorded, if any, is at your sole risk. The C2D Engine is provided "AS IS." DATA REALMS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL DATA REALMS OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING PLANETOID PIONEERS IR USING THE C2D ENGINE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for Planetoid Pioneers.

11. Controlling Law and Severability

This license is governed by and construed in accordance with the laws of the State of Washington, USA. Exclusive venue for all litigation shall be in King County, Washington. If any provision of this C2D License is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this C2D License will remain in full force and effect.

12. Complete Agreement

This C2D License constitutes the entire agreement between the parties with respect to the use of C2D, C2D engine, PPNG and other related materials and software. Data Realms reserves the right to modify the terms of this C2D License from time to time and will post notice of material changes somewhere within www.datarealms.com.

13. Acceptance of Terms

By selecting the "I Agree" choice during the initial launch of the C2D Engine, you acknowledge that you are at least 13 years oldm have read this C2D Engine License and agree to all of the terms of this C2D License. That's right, all of it. Now get on with the installation, start making lots of cool stuff and enjoy C2D and Planetoid Pioneers.

Everyone at Data Realms hopes you enjoy playing Planetoid Pioneers and making cool stuff with the C2D Engine as much as we enjoyed making it for you.

GL & HF!

The Gang at Data Realms LLC