Dreams of Fire Software License Agreement

NOTE: A copy of this agreement is included with all downloads of Dreams of Fire in the README.PDF.By purchasing and downloading Dreams of Fire, you agree to the conditions set in this agreement.

SOFTWARE LICENSE AGREEMENT

NOTE: You can also find the latest version of this agreement HERE on this separate page on RandomMomentania.

Written on (04/22/2019) – Last updated on (09/21/2020)

  1. Under this agreement, RandomMomentania grants the User a non-exclusive and non-transferable license to use and play Dreams of Fire on as many computers that the User personally owns.
  2. This license is for any files included in the download with Dreams of Fire. This includes any executable computer programs, any related documentation, and any other files accompanying the product.
  3. Title, copyright, intellectual property, and distribution rights remain solely with RandomMomentania. This agreement constitutes a license for use only and is not in any way a transfer of ownership in any form.
  4. The rights and obligations of this agreement are rights granted to the User who purchased Dreams of Fire only. The User may not transfer or assign any of the rights or obligations granted under this agreement to any other person or legal entity. The User may not make this software available for use by one or more third parties.
  5. Failure to comply with any of the terms above will be considered a material breach of this agreement.
  6. The User may keep as many copies of Dreams of Fire for personal use as they wish, however they CANNOT share these copies with others.
  7. The User may not profit off files created using Dreams of Fire. Exceptions to this is content created for social media platforms, only if the revenue generated is not being generated directly off content created with Dreams of Fire. As an example: You cannot sell levels you have created using Dreams of Fire, but if you make a video, you can monetize it and keep the ad revenue generated off said video.
  8. RandomMomentania is NOT responsible for anything with a level created by other entities other than RandomMomentania. The User agrees that by downloading any content created by other entities, that RandomMomentania is NOT responsible in ANY way, shape, or form, over what the content may contain or what damage it may do to the User.

Limitation of Liability:

  1. The software is provided by RandomMomentania and accepted by the user “as is”. RandomMomentania is NOT liable for any general, special, incidental, or consequential damages including, but not limited to: Loss of production, loss of profits, loss of revenue, loss of data, or any other business, personal, or economic disadvantage suffered by using this software.
  2. RandomMomentania makes no warranty expressed or implied regarding the fitness of this software for a particular purpose or that Dreams of Fire will be suitable or appropriate for the specific requirements of this license.
  3. RandomMomentania does not warrant the use of Dreams of Fire to be uninterrupted, bug free, or error free. The user accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the game development industry.
  4. RandomMomentania makes is NOT liable for any damage caused, general or otherwise, by entity created levels. RandomMomentania is NOT responsible for any content with a level created by another entity.
  5. If the User chooses to download levels created by other entities, the User is SOLELY responsible for any damages that may occur. The User agrees that by downloading Dreams of Fire levels created by other entities, that RandomMomentania is NOT responsible in ANY way for any content downloaded, nor any damages it may cause to the User.

Acceptance of license:

  1. All terms, conditions, and obligations in this license agreement will be deemed to be accepted by the User when the user has purchased and downloaded Dreams of Fire.

Term:

  1. The term of this agreement begins when the user has purchased and downloaded Dreams of Fire. This license is perpetual and does not expire.

Termination:

  1. This agreement will be terminated and the license forfeited where the User has failed to comply with any of the terms of this agreement or is in a breach of this agreement. On termination of this agreement for any reason, the User will promptly destroy all files and software included in the Dreams of Fire download immediately.

Governing Law:

  1. The parties in this agreement submit to the jurisdiction of the courts of the State of New Jersey (USA) for the enforcement of this agreement or any arbitration award or decision arising from this agreement. This agreement will be enforced or construed according to the laws of the Sate of New Jersey (USA)

Miscellaneous:

  1. This agreement can only be modified in writing signed by both RandomMomentania and the User.
  2. This agreement does not imply or create a relationship in agency or partnership between the User and RandomMomentania.
  3. If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this agreement will in no way be affected, impaired, or invalidated as a result.
  4. This agreement and the terms and conditions within apply to and are binding upon RandomMomentania’s successors and assigns.
  5. This agreement contains the entire agreement between the parties in regards solely to Dreams of Fire.
  6. Levels made using Dreams of Fire by entities other than RandomMomentania are not in any way, share, or form endorsed by RandomMomentania.
  7. RandomMomentania owns the intellectual rights of the levels created by other entities only to the extent that they were created using Dreams of Fire.
  8. RandomMomentania does not claim anything over the levels created by custom entities, other than the rights of Dreams of Fire and the fact they were created using Dreams of Fire.
  9. RandomMomentania is NOT responsible for any damage caused by levels created by other entities.
  10. RandomMomentania is NOT responsible for any material other entities may have put into custom levels. This includes, but is not limited to, text, pictures.
  11. RandomMomentania reserves the rights to use content created by the User for advertisement purposes. This includes, but is not limited to, pictures and videos.

All notices to RandomMomentania in regards to this agreement are to be sent to TwistedTwigleg@RandomMomentania.com

PRIVACY POLICY

NOTE: You can also find the latest version of this policy HERE on this separate page on RandomMomentania.

Written on (04/22/2019) – updated on (09/21/2020).

Introduction

We at RandomMomentania respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect or that you provide through the use of Dreams of Fire.

This policy also describes our practices for collecting, using, maintaining, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we treat your information. If you do not agree with our policies and practices, please do not download, or use Dreams of Fire.

This policy may change from time to time, with updates appearing on RandomMomentania at this page HERE, and within the included downloads as soon as we can update them.

Your continued use of Dreams of Fire after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Who we are

Dreams of Fire is a video game created by RandomMomentania for desktop PCs and mobile devices.

Our website address is https://randommomentania.com/ and you can contact us at TwistedTwigleg@RandomMomentania.com with any questions or concerns.

For desktop platforms (Windows, Linux, and MacOS) we are currently only distributing Dreams of Fire through Itch.io.

What personal data we collect

RandomMomentania does not collect any personal data. Any data collected from Dreams of Fire is through third party services, which are listed below:

Dreams of Fire uses the Unity game engine, which has its own privacy policy you can read HERE.

RandomMomentania is not responsible for any information gathered by the Unity game engine.

RandomMomentania do not have access to the information gathered by the Unity game engine.

Services, like UnityAnalytics and UnityAds, are NOT enabled or in the codebase. Hardware statistics are disabled in exported builds, to further minimize the data the Unity game engine collects.

The desktop version of Dreams of Fire is distributed through Itch.io, which has its own privacy policy you can read HERE.

RandomMomentania is not responsible for any information gathered by Itch.io.

RandomMomentania have access to some statistics and analytic data gathered and provided by Itch.io.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

How we use your information

We use information that we and third parties collect about you or that you provide to RandomMomentania, and to third parties.

We use this information, including personal information, to:

  1. Provide you with the best possible game experience we can provide. This includes using statistic data (not individualized) to see trends and try to improve the game based on the information gathered.
  2. Fulfill any other purpose of which you have provided information.

The usage information we collect helps us, RandomMomentania and improve Dreams of Fire so we can deliver a better game!

Data security

Although we try to protect your Personal Information, we cannot guarantee the security of any data collected through Dreams of Fire. Any transmission of Personal Information is at your own risk.

RandomMomentania are not responsible for circumvention of any privacy settings or security measures we, and the third parties we use, provide.

Disclosure of your information

We do not intend to sell or market your personal information, however, through providing Dreams of Fire we may disclose aggregated information, including for the following:

  1. To contractors, service providers, and other third parties we use to support our business, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  2. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of RandomMomentania’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by RandomMomentania is among the assets transferred.
  3. To fulfill the purpose for which you provide it (For example, replying to support/help emails)
  4. For any other purpose disclosed by us when you provide the information.
  5. With your consent.
  6. To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  7. To enforce our rights arising from any contracts entered into between you and us, including the RandomMomentania Terms of Service.
  8. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of RandomMomentania, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Contact information

You can contact Noah Beard, the owner of RandomMomentania, at TwistedTwigleg@RandomMomentania.com with any questions and concerns you may have about the privacy policy and the license agreement.

What third parties we receive data from

RandomMomentania receives data from Itch.io so we can better target and tailor our desktop version of Dreams of Fire to users who purchased and play through Itch.io. Data received is NOT individualized and is gathered by Itch.io.

Changes to our privacy policy

The date the privacy policy was last revised is identified at the top of the page.

You are responsible for periodically visiting this privacy policy to check for any changes. You can find a up to date find the privacy policy HERE on RandomMomentania.