Wildflower Wiki

A game development kit for Sifteo Cubes.

Brought to you by: frankforce

License

Wildflower

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

Wildflower is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.

A version of the Sifteo SDK is distributed along with Wildflower as an enabling library allowing Wildflower to operate. However, the Sifteo SDK is not subject to the terms of the GNU General Public License. Use of the Sifteo SDK (even in conjunction with Wildflower) is governed by the Sifteo SDK Terms of Service (below). Any use of Wildflower with the Sifteo SDK constitutes an implicit agreement to the Sifteo SDK Terms of Service.

Sifteo SDK Terms of Service

Greetings! Welcome to the Sifteo SDK License Agreement. Please note that to publish or sell Products for the Platform, you will also need to sign a separate agreement with Sifteo that governs the sale and distribution of Products (as those terms are defined below).

This SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT (“License Agreement”) is made and entered into by and between Sifteo, Inc., a Delaware corporation (“Sifteo” or “we”, “us”, or “our”), and the person or entity that enters into this License Agreement (“you” or “your”). YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS LICENSE AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

1 Introduction

1.1 The Sifteo Software Development Kit (the "SDK," and specifically including the Sifteo system files and other software, documentation, simulator, packaged application programming interfaces (“APIs”), and Sifteo APIs add-ons) is licensed to you subject to the terms of this License Agreement. This License Agreement forms a legally binding contract between you and Sifteo in relation to your use of the SDK.

1.2 This License Agreement only governs the license by Sifteo of the SDK to you. Any distribution, license or sale by you of a Product via the Platform shall be governed by a separate distribution agreement entered into by you and Sifteo.

2 Accepting this License Agreement

2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the SDK if you do not accept this License Agreement.

2.2 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries including the country in which you are resident or from which you use the SDK.

3 SDK License from Sifteo

3.1 Subject to the terms of this License Agreement, Sifteo grants you a limited, worldwide, royalty- free, non-assignable, non-transferable, non-sublicensable and non-exclusive license during the term of this License Agreement to use the SDK solely to develop interactive game(s) (each a “Product”) (i) designed to be licensed, sold, transferred or distributed through the Sifteo cubes interactive game system, desktop software and tablets, handsets and other devices that communicate with the Sifteo game cubes, the Sifteo website and the Sifteo application store (collectively, the “Platform”) pursuant to a distribution agreement entered into by you and Sifteo or (ii) for your own personal and non- commercial use only (“Personal Applications”). You agree that Products developed using the SDK may only be distributed if selected by Sifteo (in its sole discretion) for distribution via the Platform and will only be distributed pursuant to a distribution agreement entered into by you and Sifteo.

3.2 You agree that Sifteo and its licensors own all legal right, title and interest in and to the SDK and any Intellectual Property Rights therein. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Sifteo reserves all rights not expressly granted to you.

3.3 Except to the extent required by applicable open source licenses, you shall not (and shall not permit any third party to) (i) copy (except for backup purposes), modify, sell, rent, lease, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK or otherwise attempt to discover the source code of the SDK, or (ii) combine any part of the SDK with other software, or (iii) distribute any software or device incorporating a part of the SDK.

3.4 Use, reproduction and distribution of components of the SDK that may be licensed under an open source software license are governed solely by the terms of that open source software license and not this License Agreement.

3.5 You agree that the form and nature of the SDK that Sifteo provides may change without prior notice to you and that future versions of the SDK may be incompatible with Products developed on previous versions of the SDK. You agree that Sifteo may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Sifteo's sole discretion, without prior notice to you. You agree that Sifteo is not obligated to provide any maintenance, technical or other support for the SDK.

3.6 Nothing in this License Agreement gives you a right to use any of Sifteo's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK.

3.8 You agree that you will not, through use of the SDK or otherwise, create any application or other program that would disable, hack or otherwise interfere with any security, digital rights management, verification or authentication mechanisms implemented in or by the Platform or the SDK.

4 Use of the SDK by You

4.1 Sifteo agrees that it obtains no right, title or interest from you (or your licensors) under this License Agreement in or to any Products that you develop using the SDK.

4.2 You agree to use the SDK and develop Products only for purposes that are permitted by (a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree that if you use the SDK to develop Products or Personal Applications for general public users, you will protect the privacy and legal rights of those users in accordance with applicable law. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Product or Personal Application, and you must provide legally adequate privacy notice and protection for those users. If your Product or Personal Application stores personal or sensitive information provided by users, it must do so securely. If the user provides your Product or Personal Application with Sifteo account information, your Product or Personal Application may only use that information to access the user's Sifteo account when, and for the limited purposes for which, the user has given you permission to do so.

4.4 You agree that you will not engage in any activity using the SDK, including the development or distribution of a Product or Personal Application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, Sifteo or any mobile communications carrier.

4.5 You agree that you are solely responsible for (and that Sifteo has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through the Product or Personal Application, and for the consequences of your actions (including any loss or damage which Sifteo may suffer) by doing so.

5 Your Developer Credentials

5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Sifteo or which you may choose yourself and that you will be solely responsible for all Products or Personal Applications that are developed under your developer credentials. You will not share your Sifteo credentials with any third party.

6 Privacy and Information

6.1 In order to continually innovate and improve the SDK, Sifteo may collect and use certain usage statistics from the Product including but not limited to a unique identifier, associated IP address, version number of the Product, and information on which tools and/or services in the SDK are being used and how they are being used.

7 Confidentiality

7.1. Information Deemed Confidential You agree that the SDK and any non-public information that you learn or receive about Sifteo’s products, the SDK, designs, research, development, know-how, or Sifteo’s business, finances, or personnel, or non-public third party information, in connection with this Agreement or in connection with your use of any part of the SDK is “Sifteo Confidential Information”.

7.2. Information Not Deemed Confidential Sifteo works with many application and software developers and some of their products may be similar to or compete with your applications. Sifteo may also be developing its own similar or competing applications and products or may decide to do so in the future. To avoid potential misunderstandings, Sifteo cannot agree, and expressly disclaims, any confidentiality obligations or use restrictions, express or implied, with respect to any information that you may provide in connection with this License Agreement. You agree that any such disclosures will be non- confidential. Sifteo will be free to use and disclose any disclosures on an unrestricted basis without notifying or compensating you. You release Sifteo from all liability and obligations that may arise from the receipt, review, use, or disclosure of any portion of any such disclosures.

The following information that otherwise would be deemed Confidential Information is not Confidential Information: (i) it is generally available to the public through no fault of or breach by you, (ii) it is independently developed by you without the use of any Sifteo Confidential Information, (iii) it was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (iv) any open source code included in the SDK and accompanied by licensing terms that do not impose confidentiality obligations on its use or disclosure.

7.3. Obligations Regarding Confidential Information You agree to protect Sifteo Confidential Information using at least the same degree of care that you use to protect your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Sifteo Confidential Information solely for the purpose of exercising your rights and performing your obligations under this Agreement and agree not to use Sifteo Confidential Information for any other purpose, or for your own or any third party’s benefit, without the express prior written consent of an authorized representative of Sifteo. You further agree not to disclose or disseminate Sifteo Confidential Information to anyone, or to discuss anything about the Sifteo Confidential Information with anyone, other than (i) those of your employees and contractors who have a need to know and who are bound by a written agreement at least as protective of the Sifteo Confidential Information as this License Agreement, or (ii) except as otherwise agreed in writing by Sifteo. You may disclose Sifteo Confidential Information to the extent required by law, provided that you take reasonable steps to notify Sifteo of such requirement before disclosing the Sifteo Confidential Information and to obtain protective treatment of the Sifteo Confidential Information. You acknowledge that damages for improper disclosure of Sifteo Confidential Information may be irreparable; therefore, Sifteo is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.

8 Third Party Applications for the Sifteo Platform

8.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Sifteo is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Sifteo is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.

8.2 You acknowledge that the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.

8.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, this License Agreement does not affect your legal relationship with these third parties.

9 Using Sifteo APIs

9.1 If you use any API to retrieve data from Sifteo, you acknowledge that the data may be protected by intellectual property rights that are owned by Sifteo or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional terms of service. You may not modify, rent, lease, loan, sell, distribute or create derivative works of or based on this data (either in whole or in part) unless allowed by the relevant terms of service or with the prior consent of Sifteo.

9.2 If you use any API to retrieve a user's data from Sifteo, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so.

10 Terminating this License Agreement

10.1 This License Agreement will continue to apply until terminated by either you or Sifteo as set out below.

10.2 Either party may terminate this License Agreement at any time. If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials.

10.3 When this License Agreement terminates, all licenses granted to you in this License Agreement shall also terminate. Sections 4.3 through 4.5, 6, 7, 10, 11, 12, 13 and 15 shall survive termination.

11 DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

11.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

11.3 SIFTEO FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

12 LIMITATION OF LIABILITY

12.1 SIFTEO, ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR LOSS OF DATA, OR (B) ANY DIRECT DAMAGES THAT EXCEED IN THE AGGREGATE $100, IN EACH CASE, WHETHER OR NOT SIFTEO OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

13 Indemnification

13.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Sifteo, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the SDK, (b) any Product you develop, including without limitation any claim that your Product infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this License Agreement.

14 Changes to the License Agreement

14.1 Sifteo may make a click-through version of the License Agreement available on the website where the SDK will be made available (the “SDK Website”). Sifteo may make changes to the License Agreement from time to time without further notice. When these changes are made, Sifteo will make a new version of the License Agreement available on the SDK Website. Your continued use of the SDK after any such changes constitutes your acceptance of the new License Agreement. If you do not agree to abide by these or any future License Agreement, do not use (or continue to use) the SDK.

15 General Legal Terms

15.1 This License Agreement constitutes the whole legal agreement between you and Sifteo and governs your use of the SDK (excluding any services which Sifteo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Sifteo in relation to the SDK.

15.2 You agree that if Sifteo does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Sifteo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sifteo's rights and that those rights or remedies will still be available to Sifteo.

15.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.

15.4 You acknowledge and agree that each member of the group of companies of which Sifteo may be the parent (or of which Sifteo may be a subsidiary) shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this License Agreement. Neither party shall be deemed to be an employee, agent or other legal representative of the other party for any purpose whatsoever, or have the right or authority to assume or otherwise create any obligation or responsibility, express or implied on behalf of the other party or to bind the other party in any manner whatsoever.

15.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.

15.6 The rights granted in this License Agreement may not be assigned or transferred by you without the prior written approval of Sifteo. You shall not delegate your responsibilities or obligations under this License Agreement without the prior written approval of Sifteo. Sifteo may not transfer or assign this Agreement without your consent, provided that Sifteo may assign this License Agreement to a successor to all or substantially all of its assets or business without consent.

15.7 This License Agreement, and your relationship with Sifteo under this License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Sifteo agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you agree that Sifteo shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Wildflower Sample Assets

Menu Select Sound Copyright 2008 broumbroum, downloaded from freesound.org:
http://freesound.org/people/broumbroum/sounds/50561/

Menu Swish Sound Copyright 2005 RHumphries, downloaded from freesound.org:
http://freesound.org/people/RHumphries/sounds/1938/

Wiki: Home