Please carefully read and accept the following license agreement.
for the use of the Murl Engine ("SOFTWARE") entered between
Spraylight GmbH, registered in Graz, Austria, FN 363852b ("SPRAYLIGHT")
You, the end-user (the "LICENSEE" or "You")
(1) These terms of this Agreement form a legally binding contract between the LICENSEE and
SPRAYLIGHT. By downloading, installing, copying and/or using the SOFTWARE, you affirm
that you are of the legal age of majority in the jurisdiction in which you reside and have the
right and authority to enter into this Agreement on Your own behalf to the terms and
obligations of this Agreement.
(1) The SOFTWARE is a native, cross platform, multimedia framework which provides an easy
way to develop multimedia applications (e.g. games) across different platforms. The
SOFTWARE consists of adaptable source code parts, prebuild code libraries and a set of
software tools. Several free third party code libraries are delivered together with the
SOFTWARE. These third party code libraries are not part of SOFTWARE and subject to their
own licensing terms. All third party code libraries and their licensing terms can be found in the
(2) The term "APPLICATION" in this contract means any software program (and copies
thereof) which is developed by LICENSEE and which is based on or incorporate any part of
SOFTWARE including without limitation any revision, modification, translation (including
compilation or recapitulation by computer), abridgment, condensation, expansion, or any
other form in which the SOFTWARE may be recast, transformed or adapted. The term
APPLICATION in this contract also includes any software program (and copies thereof) which
is developed by LICENSEE and where any part of SOFTWARE has been used in the creation
process which led to a direct or indirect contribution to the software program.
Object of Agreement
(1) The SOFTWARE is licensed, not sold. SPRAYLIGHT grants to the LICENSEE a limited
license to use the SOFTWARE under the terms of this agreement.
(2) The Agreement is made effective beginning on the date on which the LICENSEE, first
accept this agreement or download, install, load or otherwise use SOFTWARE.
(3) The LICENSEE agrees to all terms and conditions of this Agreement. If the LICENSEE does
not agree with the terms and conditions set forth in this Agreement the LICENSEE is not
authorized to use SOFTWARE.
Grant of License
(1) Provided that the LICENSEE strictly and continuously complies with all terms and
conditions of this agreement, SPRAYLIGHT grants to the LICENSEE a non-exclusive, nontransferable,
non-sublicensable, personal, limited, worldwide, perpetual license only to:
- install and use SOFTWARE on computers for the purpose of developing APPLICATIONS;
- develop derivatives of SOFTWARE;
- use derivatives of SOFTWARE for the development of APPLICATIONS;
- commercially and/or non-commercially distribute APPLICATIONS to end users assumed
that APPLICATIONS which incorporate any part of SOFTWARE may only be distributed to
end users pursuant to an end user license agreement with terms which protects
SPRAYLIGHT’S rights not lesser than those contained in this agreement
(2) The LICENSEE has to select a Licensing Profile for each developed APPLICATION. The
default Licensing Profile is free of charge and further outlined in section 6.
(3) SPRAYLIGHT may at any time revise SOFTWARE and alter the version of SOFTWARE.
Intellectual property Rights
(1) SOFTWARE and all copyrights, trademarks, and all other conceivable intellectual property
rights related thereto are owned by SPRAYLIGHT and are protected by Austrian and other
national and international law. LICENSEE shall have no ownership or intellectual property
rights in or to SOFTWARE.
(1) The LICENSEE has to select an individual Licensing Profile for each developed
APPLICATION or derivative of SOFTWARE. The free Licensing Profile (§ 6.2) applies per
default if no other licensing profile has been selected by the LICENSEE.
(2) Free Licensing Profile: The Free Licensing Profile is provided free of charge. APPLICATIONS
created with the Free Licensing Profile overlay one or more advertising splash screens during
startup. The LICENSEE must not remove or modify or change in any way the advertising
splash screens. For any type of APPLICATION with the Free Licensing Profile where the
advertising splash screen is not shown automatically during the startup, the LICENSEE has to
integrate a custom splash screen into the APPLICATION. The custom splash screen must show
the product logo of SOFTWARE in a dominant appearance and in conjunction with a proper
generic term (e.g. “powered by Murl Engine”), must be visible for at least one second and
may not contain any other product logos.
(3) Premium Licensing Profile: The Premium Licensing Profile requires a Premium License Key
which must be bought by the LICENSEE from SPRAYLIGHT. APPLICATIONS created with a
valid Premium License Key do not show advertising splash screens and don’t require custom
(4) A Premium License Key and the Free Licensing Profile may be bound to an upper revenue
limit. Related revenue is all directly or indirectly generated revenue relating to the licensed
APPLICATION and includes, but is not limited to, monies earned from: sales, services,
training, advertisements, sponsorships, endorsements, memberships, subscription fees, ingame
transactions, rentals and pay-to-play. The LICENSEE must buy a new suitable Premium
License Key from SPRAYLIGHT within 6 weeks if the revenue exceeds the upper revenue limit.
(5) A Premium License Key may only be used for one APPLICATION.
(6) A Premium License Key is strictly limited to the LICENSEE and may not be transferred to
any third party.
(7) Flat Rate Licensing Profile: A Flat Rate Licensing Profile requires a Flat Rate License Key
which has to be purchased by the LICENSEE from SPRAYLIGHT. All terms, obligations and
restrictions of the Premium Licensing Profile and the Premium License Key apply also to the
Flat Rate Licensing Profile and the Flat Rate License Key with the following additions:
- A Flat Rate License Key is not bound to an upper revenue limit.
- A Flat Rate License Key may be used for more than one APPLICATION.
(9) A Licensing Profile upgrade or a revenue limit upgrade to a more significant Licensing
Profile or a higher revenue limit is possible at any time. A downgrade to a less significant
profile or to a lower revenue limit is not possible.
(10) Any License Key is only valid for all MINOR VERSION UPDATES within one MAJOR
VERSION of SOFTWARE as stated in section ten (§ 10) of this LICENSE AGREEMENT.
(11) Despite the selected Licensing Profile, the LICENSEE is allowed and encouraged to show
a reference to SOFTWARE e.g. on the APPLICATION splash screen and/or on the APPLICATION
title screen and/or in the credits section of the APPLICATION and/or on the web page and/or
on promotional material. A reference to SOFTWARE may use the product logo of SOFTWARE
in conjunction with a proper generic term (e.g. “powered by Murl Engine”) and should include
a link to the web address “www.murlengine.com”
(1) SPRAYLIGHT reserve all rights not expressly granted to the LICENSEE in this Agreement.
Unless applicable law gives the LICENSEE more rights despite this limitation, the LICENSEE
may use the SOFTWARE only as expressly permitted in this Agreement.
(2) The LICENSEE is not allowed to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the parts of SOFTWARE which are distributed in object
code only except to the extent you may be expressly permitted under applicable law.
(3) The LICENSEE is not allowed to use the SOFTWARE to develop APPLICATIONS that
compete with or could compete with the SOFTWARE or any other middleware or game
development software produced by SPRAYLIGHT.
(4) The LICENSEE may not transfer this Agreement to any third party.
(5) The LICENSEE may not remove or modify any product identification or trademark,
copyright, or proprietary notices, legends, symbols, labels, or this Agreement from the
SOFTWARE. Furthermore the LICENSEE is not allowed to use any SPRAYLIGHT trademarks,
logos, trade names, or service marks in any manner other than expressly stated in this
(1) The Licensee agrees to pay a contractual penalty in the amount of EUR 5.000 (in words
five thousand) to SPRAYLIGHT for any single breach of contract. Especially according the
licensing profiles which are stated in § 6 the licensee have to observe strictly to buy a new
suitable Premium License Key from SPRAYLIGHT within 6 weeks if the revenue exceeds the
upper revenue limit.
(2) Notwithstanding such rights SPRAYLIGHT reserves the right to lodge a claim for further
reaching damages which exceeds the limit stated in §8.1, however the contractual penalty
has to be deducted from the amount of damage.
Service and Support
(1) SPRAYLIGHT will not render any free technical support (no telephone support, no training,
no bug fixing).
(2) The LICENSEE may access public developer support forums and online support pages as
they are made available to the public by SPRAYLIGHT in SPRAYLIGHT’s sole discretion.
(3) The LICENSEE may buy a support package which defines a support period and a defined
number of support time units from SPRAYLIGHT. The LICENSEE can use the support time
units within the support period to request technical support from SPRAYLIGHT. One support
time unit is worth 15 minutes of support work. The LICENSEE may limit the number of
associated support time units on a per request basis. The support technician is working on a
solution for the request until the problem has been solved or until all associated support time
units are consumed. The total time of support work for a request is always rounded up to a
whole multiple of 15 minutes. The support period starts with the full payment of the support
package and lasts 12 month. Not consumed support time units expire on the end of the
(1) SPRAYLIGHT has a policy of continuously developing new versions of SOFTWARE
("UPDATES"). UPDATES may include new features, bug fixes, or the removal of features of
(2) Each UPDATE gets a unique VERSION-NUMBER assigned. These VERSION-NUMBERS are
generally assigned in increasing order and correspond to new developments in the software.
The VERSION-NUMBER is subdivided into a major part, a minor part and a revision number. A
change of the first sequence of the version number indicates a MAJOR VERSION UPDATE (e.g.
2017.xx.xxxx to 2018.xx.xxxx). A change of the version number with the same first sequence
of the version number indicates a MINOR VERSION UPDATE (e.g. 2018.01.xxxx to
(3) Any License Key is only valid for all MINOR VERSION UPDATES within one MAJOR
VERSION. A MAJOR VERSION UPDATE of SOFTWARE requires the purchase of a new License
(4) UPDATES may be licensed to you by SPRAYLIGHT with additional or different terms.
Exclusion of liability, Warranty, Indemnification
(1) In no event shall SPRAYLIGHT be liable for any indirect, incidental, special or
consequential damages, or damages for loss of profits, revenue, data or use, incurred by
LICENSEE or any third party, whether in an action in contract or tort (including negligence) or
otherwise, even if SPRAYLIGHT has been advised of the possibility of such damages.
SPRAYLIGHT’s maximum aggregate liability to LICENSEE in connection with or in any manner
related to this agreement (whether in an action in contract or tort or otherwise) will be limited
to the total amount paid by or on behalf of LICENSEE to SPRAYLIGHT under this agreement.
The foregoing allocation of risk is reflected in the amount of the compensation contemplated
under this agreement.
(2) SPRAYLIGHT is not aware of any rights of third parties which would oppose the utilization
purposes of the LICENSEE. SPRAYLIGHT is not liable however for the licensed SOFTWARE and
the licensed know-how being free of rights of third parties.
(3) If the LICENSEE is accused by third parties of infringing intellectual property rights
due to the use of the licensed software or the licensed know-how, SPRAYLIGHT promises
to provide the LICENSEE with information and documents in defense against such claims
as far as SPRAYLIGHT is able to do so without breach of third party obligations and while
maintaining its own confidentiality interests. All costs involved in such activities shall be
borne by the LICENSEE.
(4) SPRAYLIGHT gives no warranty. SOFTWARE is delivered “As Is”. SPRAYLIGHT does not
make and hereby disclaims any and all express or implied warranties including, but not
limited to, warranties of merchantability, fitness for a particular purpose and any warranties
arising from course of dealing, usage or trade practice.
(5) LICENSEE shall indemnify and hold harmless SPRAYLIGHT against all costs and expenses
(including reasonable attorney fees and expenses) and all other liability related to any claim
of infringement based on LICENSEE’S use of the SOFTWARE.
Procedure against infringers
(1) The LICENSEE shall promptly inform the licensor about infringement acts related to the
(1) The LICENSEE agrees to use SPRAYLIGHT’s Confidential Information solely for the purpose
of exercising his rights and performing his obligations under this Agreement and agrees not to
use SPRAYLIGHT’S Confidential Information for any other purpose, without a prior written
(2) The LICENSEE agrees to hold the Confidential Information in strict confidence and shall
not disclose such information to any third party without the written permission of
(1) This Agreement constitutes the entire understanding between LICENSEE and SPRAYLIGHT
regarding the subject matter hereof. Any modifications of and supplements to this Agreement
must be made in writing. This provision applies also if the prerequisite of writing is ceded.
(2) This Agreement does not constitute and shall not be construed as constituting a
partnership or joint venture between SPRAYLIGHT and LICENSEE. Neither party hereto shall
have any right to obligate or bind the other party in any manner whatsoever and nothing
herein contained shall give, or is intended to give, any rights of any kind to any third person.
(3) This Agreement shall bind and inure to the benefit of SPRAYLIGHT, its successors and
assigns, and SPRAYLIGHT may assign its rights hereunder, in SPRAYLIGHT's sole discretion.
(4) SOFTWARE is delivered with third party code. Such code is distributed under its own
license terms. All third party code libraries and their own license terms can be found in the
Term and Termination
(1) This Agreement and all rights granted by SPRAYLIGHT hereunder will automatically
terminate without notice from SPRAYLIGHT if you fail to comply with any term(s) of this
(2) Other cause for such termination, limitation of access or suspension shall include, but not
be limited to requests by law enforcement or other government agencies. Upon the
termination of this Agreement for any reason, the LICENSEE agrees to immediately cease all
use of the SOFTWARE and erase and destroy all copies of SOFTWARE and all copies of
SPRAYLIGHT Confidential Information in his possession or control. At SPRAYLIGHT’S request,
the LICENSEE agrees to provide written certification of such destruction to SPRAYLIGHT.
(1) Should a provision of this agreement be invalid or become invalid or should this
agreement contain an omission, then the legal effect of the other provisions shall not thereby
be affected. Instead of the invalid provision a valid provision is deemed to have been agreed
upon which comes closest to what the parties intended commercially; the same applies in the
case of an omission.
Governing Law and Jurisdiction
(1) This Agreement shall be governed and construed by the laws of Austria. Place of
performance of this Agreement is Graz (Austria). If the LICENSEE is defendant, SPRAYLIGHT
might, if admissible, determine as court of jurisdiction the court where the LICENSEE is
resident or the court competent for the corporate domicile of SPRAYLIGHT which currently is
in Graz (Austria). If SPRAYLIGHT is the defendant the parties expressively agree on the
exclusive jurisdiction of the courts of Graz (Austria). This Agreement on jurisdiction applies to
all claims, be they based on contract, on tort or on any other legal basis, arising under or in
connection with this agreement.
BY ACCEPTING BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
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