Publisher Custom EULA Guidelines

Some rules to follow if you create your own GameMaker: Marketplace EULA

When you sell assets or provide services on the GameMaker: Marketplace, you are entering into a contract directly with users. As we explain in the Marketplace Terms of Service, you can either use the YoYo Games standard Publisher EULA, or you can choose your own. If you choose your own, there are some minimum rules we need you to follow to ensure that the Marketplace is properly protected (explained below). Please remember that there will be potentially serious consequences under the Marketplace Publisher Agreement if these minimum guidelines are not followed.

Minimum YoYo Games (“YYG”) wording to include in custom EULAs (it’s up to you how you do it):

  1. Who is contracting with you. This is a direct contract between you (the purchaser) and <PUBLISHER NAME, i.e. you> ("Seller"), regarding the assets which the Seller is selling to you ("Assets") or services that the Seller is providing to you (“Services”). The Seller is solely responsible for the Assets, Services and all matters under this contract.

  2. Contact details. [Seller to set out here its full name (or company name if appropriate), full address and a support email address].

  3. Quality and other issues. Any warranties or representations regarding what you buy from the Seller are the Seller’s sole responsibility. The Seller is responsible in particular for: (i) quality and product liability claims; (ii) any claim that the Asset or Service fails to comply with any applicable legal or regulatory requirements; and (iii) any claims under consumer protection or other laws.

  4. Intellectual Property Rights. The Seller (not YYG) is responsible for ensuring that the Asset and/or Service does not infringe any third party intellectual property rights and for dealing with any claim, issue or dispute about this matter.

  5. Liability. To the maximum extent permitted by applicable law, YYG has no responsibility or liability regarding Assets or Services whatsoever and is not liable in particular for any losses, damage, harm, costs, expenses, claims, disputes or proceedings regarding them.

  6. Complaints. If you have any complaints or issues with Assets or Services, the Seller will use good faith endeavours to resolve them with you. However, if they cannot be resolved or if you are concerned regarding the Seller’s actions or its compliance with the Marketplace Terms of Service, you can contact YoYo Games

  7. YYG can enforce this Agreement. YYG and its subsidiaries are third party beneficiaries to this agreement and can enforce it against both Seller and you if necessary.

    Legal requirements your EULA must meet:

  8. Your EULA must not materially conflict with, or be materially less protective than, the Marketplace Terms of Service or Publisher EULA. Even if you choose to create your own EULA, we expect you to act at the standards we have set out in these documents.

  9. The rights you grant to users must be limited to a non-transferable licence to use the Asset or Service they are licensing. Users will have a licence over, but not own outright, any Assets from you. They will also have the benefit of, but not own, any Services.

  10. You should explain clearly to users what they can and cannot do with an Asset or Service.

  11. You must be solely responsible for maintenance, servicing or support of Assets you license to users.

  12. You must comply with any laws applying to the Assets and Services and you cannot limit your liability regarding them beyond what applicable law permits.

  13. If you are collecting customer personal information, you should explain how you will protect customer privacy, either in your EULA or in a separate privacy policy (see further the GameMaker: Marketplace Publisher Agreement).

  14. You must not seek to pass any liability or responsibility for Assets or Services to YYG. YYG is responsible only for the GameMaker: Marketplace, not Assets or Services.