Legal
Licence
PINIONFALL ENGINE: COMMERCIAL SOURCE LICENCELicence version 1.1, 20 September 2026Copyright (c) 2026 Pinionfall. All rights reserved.
READ THIS LICENCE BEFORE YOU ACCESS, COPY OR USE THE SOFTWARE. It is a legal agreementbetween you and the Licensor. It gives you broad rights to build and ship your ownproducts. Source access is limited to Authorised Users and the other disclosuresexpressly permitted by this Licence. Sections 15 to 17 (payment, termination and itseffects), 19 and 20 (warranty and liability) and 27 (governing law and courts)deserve particular attention.
CONTENTS 1. Parties and acceptance 16. Term and termination 2. Definitions 17. Effect of termination 3. The licence 18. Access ending on the Licensor's side 4. Authorised Users 19. Warranty disclaimer 5. End Products and Distributed Form 20. Limitation of liability 6. Restrictions 21. Consumers 7. Artificial intelligence 22. Indemnity 8. Confidentiality, security, leaks 23. Compliance certification 9. Identification Marks 24. Export control and sanctions 10. Ownership, Modifications, 25. United States Government end users Feedback 26. Remedies and injunctive relief 11. Delivery, Access Account, updates 27. Governing law and jurisdiction 12. Transfer through the registry 28. Versions of this Licence 13. Third-party components 29. General provisions 14. Open-source hygiene 30. Contact 15. Payment condition, refunds and payment disputes
1. PARTIES AND ACCEPTANCE
1.1 This Licence is an agreement between the sole proprietor established in Switzerland who trades as Pinionfall and whose name and postal address are given in the imprint at https://dev.pinionfall.com/imprint/ (the "Licensor", "we", "us"), and the Licensed Entity (the "Licensee", "you").
1.2 You accept this Licence when you confirm your acceptance at checkout, or by a separate express agreement with the Licensor. Authorised Users act under the Licensed Entity's accepted Licence. Merely playing the free public game or reading the public documentation does not accept this paid source Licence. Those public uses are permitted under the terms applicable to those services. Accessing a later Version does not replace your Licence Version; section 28 applies. Without an accepted Licence, no paid source rights are granted.
1.3 If you accept on behalf of a company or other organisation, you confirm that you are authorised to bind it, and that organisation is the Licensee. Whoever accepts confirms that they are at least 18 years old and have full legal capacity.
1.4 The purchase of the Licence is governed by the Terms of Sale. The payment is processed by a merchant of record that resells the Licence and handles payment, receipts, payment support and taxes within its documented coverage. The rights in the Software are granted directly by the Licensor, and only under this Licence. A delay or failure in the merchant of record's settlement to the Licensor is not your non-payment where you have paid and your transaction has not been finally reversed.
2. DEFINITIONS
In this Licence the following terms have these meanings:
"Access Account" means the single GitHub user account bound to the Licence in the Licence Record, through which the Repositories are made available to you.
"AI Service" means any tool or service that uses a machine-learning model, including code assistants, chat assistants, coding agents and code completion, whether hosted by a third party or run locally.
"Authorised User" has the meaning given in section 4.1.
"Build Output" means files generated from the Software by compiling, transpiling, bundling, minifying, optimising or otherwise transforming it with build tooling, including JavaScript, WebAssembly and shader code embedded in those files.
"Confidential Information" has the meaning given in section 8.1.
"Consumer" means a natural person acting for purposes that are wholly or mainly outside that person's trade, business, craft or profession.
"Distributed Form" has the meaning given in section 5.2.
"Distribution Fault" has the meaning given in section 18.1.
"Effective Date" means the date on which payment of the Licence Fee is confirmed and the Licence Record is created.
"End Product" has the meaning given in section 5.1.
"End User" means any person, other than you and your Authorised Users, who obtains, accesses or uses an End Product.
"Excluded Assets" means materials, if any, that the Software's documentation identifies as deliberately not distributed with the Software and that you must obtain from third parties under their own terms.
"Identification Marks" has the meaning given in section 9.1.
"Licence" means this agreement, in the Licence Version recorded in your Licence Record.
"Licence Fee" means the total amount paid for the Licence at checkout, including any taxes, as shown on the receipt or invoice issued by the merchant of record.
"Licence Record" means the record kept by the Licensor in its licence registry that identifies the Licensed Entity, the Access Account, the licence key, the Licence Version and the record of your acceptance and consents.
"Licence Version" means the version number and date stated at the head of this text.
"Licensed Entity" means the one natural person or the one legal entity named as the licensee in the Licence Record. Its parent companies, subsidiaries, sister companies and other affiliates are not included.
"Modification" means any change to, adaptation, translation or port of, or work derived from or based on, the Software or any part of it, including code or other material produced with the help of an AI Service that reproduces or is derived from the Software.
"Payment Dispute" means any chargeback, payment dispute, claim for reversal or similar request concerning the Licence Fee raised by you or on your behalf with the merchant of record, a card issuer, a bank or any other payment service provider.
"Received Version" means each Version made available to the Access Account while the Licence was in force.
"Repositories" means the private repositories of the GitHub organisation "pinionfall" through which the Software is delivered (at the Licence Version date: engine, physics, parry and rapier), including the releases and asset bundles published there, and any successor distribution channel the Licensor designates.
"Software" means the Pinionfall engine and every other material made available to you through the Repositories or otherwise under this Licence, in every Version and in any form, including source code, shaders, WebAssembly and other binaries, build tooling, scripts, configuration, tests, the demo game and its content and assets, documentation, tutorials, release notes, and the notes and project memory prepared for AI coding agents; together with all copies and Modifications of any of it. It does not include Third-Party Components to the extent stated in section 13, or Excluded Assets.
"Source Form" means any form of the Software, or of any part of it, that is human readable or from which the Software can reasonably be read, understood, modified or reused as software or as development material, including source code, shader source, un-minified or de-obfuscated code, source maps, scripts, documentation, tutorials and AI project memory, and any extract, snippet or close adaptation of any of these.
"Terms of Sale" means the terms of sale published on dev.pinionfall.com that govern the purchase of the Licence.
"Third-Party Components" means the components listed in THIRD-PARTY-NOTICES.md or in any other notice file supplied with the Software, which are licensed under their own licence terms.
"Version" means each snapshot, commit, tag, release or asset bundle of the Software published by the Licensor in the Repositories.
3. THE LICENCE
3.1 Grant. Subject to section 15 (payment condition) and to your continued compliance with this Licence, the Licensor grants the Licensed Entity a perpetual (subject only to termination under section 15 or 16), worldwide, non-exclusive, non-transferable (except under section 12) and non-sublicensable licence, to be exercised only through its Authorised Users, to:
(a) install, copy and store the Software as permitted by section 8; (b) use, run, study, test and modify the Software and create Modifications; (c) develop and build an unlimited number of End Products, commercial or not; (d) reproduce, distribute, sell, publicly display and perform, make available, host and operate End Products that contain the Software only in Distributed Form, directly or through publishers, distributors, platforms, stores and hosting providers, in accordance with section 5; and (e) permit End Users to use those End Products in accordance with section 5.6.
3.2 No royalties. No royalty, revenue share or other payment beyond the Licence Fee is due for End Products or for any number of copies of them.
3.3 Reservation of rights. The Software is licensed, not sold. All rights not expressly granted in this Licence are reserved by the Licensor and its licensors. No right is granted by implication, estoppel or otherwise.
3.4 Names and marks. This Licence grants no right in the names "Pinionfall" or ":PINIONFALL", or in any logo or trade mark of the Licensor. You may state truthfully that an End Product is built with the Pinionfall engine, provided you do not suggest that the Licensor endorses or is responsible for it. You must not use "Pinionfall" or a confusingly similar name as the name of an End Product, company, product line or domain.
3.5 One entity. The Licence covers one Licensed Entity only. Each affiliate, client, publisher or partner that needs access to the Software in Source Form requires its own licence. You may develop End Products for a client, provided the client receives the Software only in Distributed Form as part of the End Product.
4. AUTHORISED USERS
4.1 The Licence may be exercised only by the following persons, and only while they act on behalf of the Licensed Entity ("Authorised Users"):
(a) where the Licensed Entity is a natural person, that person; (b) the Licensed Entity's employees; and (c) natural persons engaged directly by the Licensed Entity as individual contractors (including through a company wholly owned by that individual in which no other person has access to the Software) to work on its End Products.
4.2 Before any employee or contractor receives access to the Software, they must be bound by written confidentiality and intellectual-property obligations at least as protective of the Software as this Licence. A contractor must not use the Software for any other client or for their own purposes, and must return or delete all copies of the Software when their engagement ends.
4.3 Agencies, studios, outsourcing companies and other organisations are not Authorised Users, even when working for you, unless the Licensor agrees otherwise in writing.
4.4 You are responsible for the acts and omissions of your Authorised Users, and of any other person who obtains access to the Software through you, your accounts or your systems, as if they were your own.
5. END PRODUCTS AND DISTRIBUTED FORM
5.1 End Product. An "End Product" is a game, application, simulation, visualisation, website, interactive experience or other software product that:
(a) is created by or for you using the Software; (b) contains material and substantial original content or functionality of your own beyond the Software (the demo game, sample content and tutorials supplied with the Software, alone or with superficial changes, are not enough); and (c) is made available to End Users as a finished product for their use, and not as a tool, component or material for developing other software.
5.2 Distributed Form. The Software is in "Distributed Form" when it is Build Output, including Build Output of your Modifications, or runtime assets incorporated in an End Product, and meets these conditions:
(a) is embedded in, and distributed or served only as an integral part of, an End Product; (b) code has been compiled, bundled and minified or otherwise optimised by the supplied production build tooling or an equivalent process. Non-code runtime assets, such as models, animations, textures and audio, may be included unchanged or modified in the form the End Product needs at runtime. They need not be converted into code or made impossible to extract. Editable project files and other development material may not be included unless they are themselves required runtime assets; (c) is not accompanied by source maps, debug builds, symbol files or other data from which Source Form can be recovered, unless those are kept private and are not accessible to End Users or the public; and (d) is not separately packaged, documented, labelled, licensed or offered for use independently of the End Product.
5.3 Web delivery. A web End Product necessarily transmits Build Output, including JavaScript, WebAssembly and shader code, to End Users' devices, where it can technically be inspected. Doing so in Distributed Form is permitted and is not a breach of this Licence. It gives no one a right to extract or reuse the Software, and you must not facilitate extraction, for example by publishing un-minified builds, source maps or instructions for recovering the Software.
5.4 What is not an End Product. None of the following is an End Product, and none of them may be distributed, sold, published, offered or made available:
(a) the Software, or any part of it, in Source Form, except runtime assets incorporated as permitted by section 5.2; (b) a game engine, software development kit, framework, library, middleware, plug-in, module, editor, world or level builder offered for development, template, starter kit, boilerplate, sample project, asset pack, shader pack, course or tutorial material, or any other product whose primary value lies in the Software or its components rather than in your own content; (c) any product that competes with the Software as a licensable engine or development tool; (d) the demo game, or its content, alone or with superficial changes; or (e) any hosted or online service that gives third parties programmatic access to the functionality of the Software as a development platform.
5.5 User-generated content. An End Product may include features that let End Users create content for that End Product (for example levels or mods using data or scripting interfaces you design), provided those features do not expose the Software in Source Form and can be used only within that End Product.
5.6 End Users. You must not grant End Users any right in the Software other than the right to use it as an integral part of the End Product. Any terms you offer End Users must not be inconsistent with this Licence.
5.7 Notices. No credit to the Licensor is required in End Products. You are responsible for including any notices that the licences of Third-Party Components require for your End Products.
6. RESTRICTIONS
6.1 Except as expressly permitted by this Licence, including sections 4, 5, 6.3, 7, 8 and 13, you must not, and must not allow or help anyone else to:
(a) distribute, publish, disclose, sell, rent, lease, lend, sublicense, transfer or otherwise make available any portion of the Software in Source Form, however small, to any person who is not an Authorised User, in any medium or manner, including by: public repositories or repositories accessible to third parties; forks, gists or paste sites; forums, issue trackers, chat servers, social media, blogs or articles; screenshots, recordings or live streams in which the Source Form is legible; package registries; datasets, corpora or code-search indexes; or prompts, context or files shared with an AI Service other than as permitted by section 7; (b) distribute or make available the Software, modified or not, in any form other than in Distributed Form as part of an End Product, including as any of the things listed in section 5.4; (c) share the Access Account's credentials or forward its repository invitations, or give an unauthorised person access to the Repositories or their copies. Authorised Users may receive private copies and work on them through their own accounts on systems permitted by section 8; this does not give them additional accounts in the Licensor's Repositories; (d) publish, distribute or make publicly accessible source maps, un-minified or debug builds, or any other material from which Source Form can be recovered; (e) remove, alter or obscure any copyright, licence or other notice, or any Identification Mark, contrary to section 9; (f) circumvent any access control that protects the Repositories; (g) combine the Software with other material contrary to section 14; (h) use the Software, in Source Form, to create or assist in creating any product described in section 5.4(b), (c) or (e); (i) claim authorship of the Software or present it as your own work; or (j) use the Software in breach of applicable law or of section 24.
6.2 No minimum amount. The prohibition in section 6.1(a) applies regardless of the amount disclosed. This Licence grants no right to disclose short extracts or snippets. Statutory exceptions that cannot be excluded by contract remain unaffected.
6.3 Permitted disclosures. It is not a breach of this Licence to disclose Source Form:
(a) to the Licensor; (b) where required by law or by a court or competent authority, limited to what is required, and after notifying the Licensor where lawful; (c) to your lawyers, auditors and other professional advisers who are bound by professional secrecy or written confidentiality obligations, limited to what they need to advise you; or (d) to a bona fide prospective acquirer of or investor in the Licensed Entity, for due diligence only, under written confidentiality obligations, by inspection and without handing over copies, and limited to what the transaction requires.
7. ARTIFICIAL INTELLIGENCE
7.1 Permitted use. The Software is designed to be worked on with AI coding tools. You and your Authorised Users may use AI Services to work on the Software and on End Products, including by providing the Software (its documentation and AI project memory included) as input or context, provided each AI Service is used under No-Training Terms.
7.2 No-Training Terms. An AI Service is used under "No-Training Terms" when the terms binding on its provider (for example commercial, business, enterprise or API terms, or account settings the provider contractually commits to honour) provide that the provider:
(a) does not use your inputs, outputs or files to train, retrain, fine-tune or otherwise improve machine-learning models; and (b) does not disclose them to third parties, other than to subprocessors bound by confidentiality, and retains them only as needed to provide the service, for security and abuse monitoring, or to comply with law.
A model that you run on systems under your control, where no third party receives the inputs, also qualifies.
7.3 Prohibited use. You must not:
(a) provide any part of the Software in Source Form to an AI Service that is not used under No-Training Terms, including consumer services with model training enabled and public or shared chat sessions; (b) use the Software, its documentation or its AI project memory to train, fine-tune, distil, evaluate or benchmark any machine-learning model, or to build any embedding index or retrieval store, except a model, index or store used solely by your Authorised Users for developing your own End Products and never made available to any third party; (c) include any part of the Software in any dataset, corpus or benchmark; or (d) distribute or make available to any third party any model, weights, adapter, embedding index or retrieval store that has been trained on or contains the Software. Any such item is treated as the Software in Source Form.
7.4 Outputs. Output of an AI Service that reproduces or is derived from the Software is a Modification and is subject to this Licence.
7.5 Working notes. The AI project memory consists of the Licensor's working notes. It may be incomplete, outdated or wrong. You are responsible for reviewing any change made by or with an AI Service.
8. CONFIDENTIALITY, SECURITY AND LEAKS
8.1 Confidential Information. The Software in Source Form is confidential information and a trade secret of the Licensor ("Confidential Information"), except information that you can show:
(a) is or becomes public other than through a breach of this Licence or of any other obligation owed to the Licensor (documentation that the Licensor itself publishes publicly is not confidential, but remains protected by copyright); (b) you lawfully knew before receiving it, free of any confidentiality obligation; (c) you developed independently without any use of the Software; or (d) you lawfully received from a third party entitled to disclose it without restriction.
Information that has been disclosed by anyone in breach of a licence granted by the Licensor does not become public for the purposes of this section.
8.2 Where you may keep private copies. Subject to the distribution and disclosures expressly permitted by sections 5, 6.3, 7 and 13, keep copies in Source Form on devices, systems, private repositories, continuous-integration services and backups under your control, or that of service providers acting on your behalf under confidentiality and security obligations. Limit access to Authorised Users and those providers or recipients to the extent expressly permitted by this Licence. Private forks and clones are copies of the Software.
8.3 Security. You must protect the Software with technical and organisational measures at least as protective as those you use for your own most valuable source code, and in any case reasonable ones, including access control, multi-factor authentication on accounts with access to the Software, prompt removal of access when a person stops being an Authorised User, and precautions against committing the Software to public or shared locations.
8.4 Leaks. You must notify the Licensor at support@pinionfall.com without undue delay, and in any case within 72 hours after becoming aware of it, of any actual or reasonably suspected unauthorised access to, disclosure, publication or loss of the Software. You must describe what happened, take all reasonable steps to stop the disclosure and have the material removed, preserve relevant evidence and cooperate with the Licensor, including in sending removal and takedown notices. Prompt notification and cooperation will be taken into account under section 16.3, but do not by themselves excuse a breach.
8.5 Duration. Your obligations under this section 8 continue after the Licence ends, for as long as the information remains Confidential Information.
9. IDENTIFICATION MARKS AND RIGHTS INFORMATION
9.1 Disclosure. The Software contains technical identification marks ("Identification Marks") that allow the Licensor to recognise software built with it. They are passive: they do not connect to any network, do not collect, store or transmit personal data or any information about you, your End Users, their devices or their use, and do not affect the functioning of the Software. The Licensor does not disclose their form, number or location.
9.2 Protection. You must not, and must not allow or help anyone else to:
(a) remove, alter, obscure, disable, falsify or circumvent any Identification Mark, or any copyright notice, licence notice, author or owner identifier or other information identifying the Software, its author or owner or the terms of its use (together with the Identification Marks, "rights information"); (b) search for or analyse the Software in order to find or remove rights information; or (c) distribute or make available the Software, a Modification or an End Product knowing that rights information has been removed or altered without the Licensor's authorisation.
9.3 Ordinary builds. Building End Products with the production build tooling supplied with the Software, or with ordinary compilation, bundling or minification using equivalent settings, is not a breach of section 9.2 even though it transforms the Software, provided you do not configure or modify any tool with the purpose, or with knowledge of the effect, of removing or altering rights information.
9.4 Statutory protection. Where rights information qualifies as copyright management information, rights-management information or a technical measure under applicable law, including the United States Digital Millennium Copyright Act, the Swiss Federal Act on Copyright and Related Rights and the laws of the European Union and its member states, its removal or alteration may also infringe that law, independently of this Licence.
9.5 Recognition. The Licensor may examine End Products that are available to End Users or the public, in the same way as any member of the public, to check compliance with this Licence. This does not give the Licensor access to your systems.
10. OWNERSHIP, MODIFICATIONS AND FEEDBACK
10.1 Ownership. The Licensor and its licensors own and retain all rights, title and interest, including copyright and trade secrets, in the Software and in all copies of it.
10.2 Your work. As between you and the Licensor, you own the content and code you create yourself for your End Products and your own original contributions to Modifications. Any Modification that incorporates or is derived from the Software remains subject to this Licence to that extent. The Licensor acquires no rights in your End Products under this Licence, except under section 10.3.
10.3 Feedback. If you choose to give the Licensor suggestions, bug reports, ideas or proposed changes concerning the Software ("Feedback"), you grant the Licensor a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable licence to use, modify and exploit that Feedback for any purpose, without attribution or other obligation, and you confirm that you are entitled to grant it. The Licensor is not obliged to use any Feedback. Feedback does not include the code of your End Products unless you submit it as a proposed change to the Software.
11. DELIVERY, ACCESS ACCOUNT AND UPDATES
11.1 Delivery. The Software is delivered by inviting the Access Account as a read-only collaborator to the Repositories, as described in the Terms of Sale. Delivery is complete when the invitation has been sent to the Access Account and access to the Repositories is available to it on acceptance of the invitation.
11.2 Access Account. The Access Account must be controlled by you or by an Authorised User acting for you, and must be kept secure. Only the Access Account has access to the Repositories. Other Authorised Users receive the Software from you, in accordance with section 8.2.
11.3 Changing the Access Account. On a written request from the Licensed Entity, the Licensor may bind the Licence to another GitHub account controlled by the same Licensed Entity, after verification the Licensor considers reasonable. Access for the previous account is then removed.
11.4 Updates. While the Licence is in force and the Access Account has access, you may receive every Version the Licensor publishes in the Repositories, for as long as the Licensor chooses to publish them. Each Received Version is licensed to you under this Licence.
11.5 No obligation. Subject to section 21, the Licensor has no obligation to publish any update, fix or new Version, to provide support or maintenance, to keep any feature, platform, browser or hardware compatibility, to keep any Version available for download, or to continue developing the Software. Any support the Licensor offers is voluntary unless agreed separately in writing.
11.6 Your copies. Keep your own copies of the Versions you receive. The Licensor may reorganise the Repositories and remove older Versions from them.
11.7 Licence file in later Versions. A later Version of the Software may contain a licence file showing a later Licence Version. That does not change your Licence unless you accept the later Licence Version under section 28.
12. TRANSFER THROUGH THE LICENCE REGISTRY
12.1 No transfer without confirmation. You must not assign, transfer, sell, pledge or otherwise dispose of the Licence, in whole or in part, except under this section.
12.2 Registry transfer. The Licensed Entity may ask the Licensor to transfer the whole Licence to one other natural person or legal entity, for example on the sale of a business, a merger, a reorganisation or change of legal form, or where an individual incorporates a company. The request must be made in writing to support@pinionfall.com, identify the transferee and include the transferee's acceptance of this Licence.
12.3 Conditions. A transfer takes effect only when the Licensor has confirmed it in writing and updated the Licence Record. The Licensor will not unreasonably withhold confirmation of a bona fide transfer to a transferee that accepts this Licence, is not subject to section 24 restrictions, and is not in breach of any licence granted by the Licensor. On transfer:
(a) all rights under the Licence, including rights relating to End Products shipped before the transfer, pass to the transferee, and the transferor keeps none unless the Licensor confirms otherwise in writing; (b) the transferor must stop all use of the Software and delete all copies of it in accordance with section 17.2(d), unless those copies pass to the transferee; and (c) the Licence is bound to an Access Account of the transferee.
12.4 Change of control. A change in the ownership or control of a Licensed Entity that remains the same legal entity is not a transfer.
12.5 Mandatory law. Where applicable law gives you a right that cannot be excluded to pass on a copy of the Software, you must, before doing so, make all your own copies unusable and notify the Licensor, and the recipient is bound by this Licence.
12.6 Any purported transfer that does not comply with this section is void as against the Licensor.
13. THIRD-PARTY COMPONENTS AND EXCLUDED ASSETS
13.1 Third-Party Components. The Software includes Third-Party Components licensed under their own terms, listed in THIRD-PARTY-NOTICES.md. To the extent those terms grant you rights in a Third-Party Component itself, those rights are not restricted by this Licence. You must comply with those terms, including their notice requirements, when you use or distribute the components.
13.2 Physics forks. The physics, parry and rapier Repositories contain versions of Dimforge's parry and rapier libraries modified by the Licensor. The upstream code remains available to you under its own licence, the Apache License 2.0, as obtained from its upstream source. The Licensor's modifications and additions, and the Licensor's combined and prebuilt builds, are licensed to you only under this Licence.
13.3 Excluded Assets. Excluded Assets are not part of the Software and are not licensed by the Licensor. You must obtain them yourself under their providers' terms, as described in the Software's documentation, and you are responsible for complying with those terms.
13.4 Generated content. Some assets in the Software were created with the help of machine-learning generation tools. They are licensed to you as part of the Software to the extent of the Licensor's rights in them. The Licensor gives no assurance that such content is protected by copyright in every jurisdiction.
13.5 Runtime services. The Software, and End Products built with it, may download models, fonts or other resources from third-party hosts at runtime. Those services are subject to their providers' terms. You are responsible for their use in your End Products, including the information you give your End Users about it.
14. OPEN-SOURCE HYGIENE
14.1 You must not combine, link, integrate, distribute or use the Software or any Modification with any software or other material in a manner that would, under that material's licence terms, require any part of the Software to be:
(a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable free of charge,
including by use of material under the GNU General Public License, the GNU Affero General Public License, the GNU Lesser General Public License (where used in a way that triggers those conditions), the Server Side Public License or similar terms.
14.2 You are responsible for the open-source licence compliance of your End Products. No combination made by you grants anyone any right in the Software.
15. PAYMENT CONDITION, REFUNDS AND PAYMENT DISPUTES
15.1 Condition of payment. The Licence starts when payment of the Licence Fee is confirmed. Continued payment is subject to the partial-refund and other exceptions in section 15.5. Settlement delays described in section 1.4 do not affect your rights.
15.2 Disputes, refunds and final reversals. (a) While a Payment Dispute is pending, or payment-provider records contain conflicting outcomes requiring verification, repository access may be temporarily suspended. This is an access restriction, not termination of the Licence. Your rights to use Received Versions and to develop, distribute and operate End Products continue under this Licence. You need not delete copies or withdraw End Products merely because a dispute is open. The reason for the restriction is shown in your account or notified to you, and you may request human review at support@pinionfall.com. (b) Subject to sections 15.5 and 15.7, the Licence terminates prospectively when the Licence Fee has been refunded in full, including by cumulative partial refunds, or a payment provider confirms a final adverse chargeback or other reversal of the Licence Fee. A refund request, temporary debit or pending Payment Dispute alone is not such a final outcome. Section 17 sets out the consequences of termination.
15.3 Restoration. When the provider confirms that a dispute is resolved without an adverse reversal, or withdrawn with the payment retained or restored, we restore repository access promptly, including access to Versions published in the meantime, unless another unresolved payment restriction, full refund or independent ground for termination remains. The Licence continues throughout a temporary suspension. If a final reversal or termination was recorded in error, we correct the record and restore the affected rights without treating otherwise permitted use in the interval as infringement. Section 17.7 applies.
15.4 Contact and review. Please contact support@pinionfall.com about a delivery or access problem so we can investigate and put it right. Contacting us first is not a condition of exercising a right to a refund, withdrawal, payment dispute or other remedy, and does not postpone any applicable deadline. Opening a dispute is not, by itself, a breach of this Licence.
15.5 Duplicate purchases and exceptions. Refunding a duplicate purchase affects only the duplicate Licence Record; another valid Licence is unaffected. A partial refund, including a price reduction or goodwill adjustment, does not terminate the Licence unless cumulative refunds return the whole Licence Fee. A refund that the Licensor expressly agrees in writing will preserve the Licence has the effect specified in that agreement, including its agreed access arrangements. A partial refund does not clear an independent payment dispute or ground for termination.
15.6 Evidence. The Licensor may provide relevant purchase, consent, delivery and access records to the merchant of record, payment service providers, courts and authorities to respond to a Payment Dispute or claim, in accordance with applicable data-protection law and the privacy notice.
15.7 Consumer rights. This section does not limit any mandatory right to a refund, price reduction, withdrawal or other remedy. Exercising such a right is not a breach, and does not itself create a claim for damages. Termination and its consequences apply only to the extent consistent with those rights.
16. TERM AND TERMINATION
16.1 Term. The Licence starts on the Effective Date and continues perpetually unless it terminates under section 15 or this section 16.
16.2 Termination for breach. The Licensor may terminate the Licence by written notice for a material breach, subject to section 16.3. Materiality depends on the nature, seriousness and consequences of the breach; not every technical or minor failure under a listed section justifies termination.
16.3 Cure and proportionality. For a material breach capable of remedy, the notice must describe the breach and the appropriate remedial steps. Termination takes effect only if you fail to take those steps within 30 days after notice. Remedy requires stopping the breach, addressing its consequences within your control, and making reasonable efforts to limit remaining harm.
For accidental or unauthorised source publication, you must notify the Licensor under section 8.4, promptly remove public access under your control, secure the affected systems and make reasonable requests to third-party hosts to remove unauthorised copies. A mirror outside your control does not itself prevent cure where those steps are taken and reasonable efforts continue. You need not guarantee removal from the whole internet.
Immediate termination on notice is reserved for a material breach whose seriousness makes continuation unreasonable and that cannot adequately be remedied, such as deliberate public source distribution, deliberate misuse of the Software to train a model contrary to section 7.3, or a legal prohibition on continued licensing. Repetition is relevant to seriousness but does not automatically remove a cure opportunity for a remediable breach. Proportionate temporary access restrictions may be used while an active leak or account compromise is contained; they do not themselves terminate the Licence.
16.4 Form. A notice under this section may be sent by email to the address in your Licence Record.
16.5 No termination for convenience. The Licensor may not terminate the Licence for convenience. You may stop using the Software at any time; this does not entitle you to any refund.
16.6 Other rights. Termination does not affect any other right or remedy of the Licensor, including claims for damages and injunctive relief.
17. EFFECT OF TERMINATION
17.1 Scope. Termination under section 15 or 16 ends the rights granted by this Licence prospectively, across Received Versions and the Software contained in Modifications and End Products. It does not turn earlier permitted use into infringement, transfer ownership of your original work to the Licensor, or end rights you hold independently under third-party licences. A temporary repository-access suspension is not termination.
17.2 Your obligations. On termination, subject to mandatory law and section 17.4: (a) repository access ends; (b) you must stop using the Software to develop or build End Products and stop new distribution, sales, hosting and operation of End Products that contain it. Remove those offerings from channels under your control without undue delay and make reasonable requests to your distributors to stop further distribution. There is no requirement to recall copies lawfully supplied to End Users before termination; (c) delete copies of the Software in your control, including copies held by Authorised Users and service providers, without undue delay. You may retain your independently usable original work and material licensed to you separately. Copies that must be retained by law or reasonably needed to establish or defend a legal claim may be kept securely for that purpose, without further development or commercial use. Backups that cannot be selectively deleted must be isolated from ordinary use and expire in the normal backup cycle; and (d) on a reasonable written request, confirm your compliance within 30 days, identifying any permitted retained copies or outstanding third-party removal requests and the steps taken. You need not certify facts beyond your knowledge or control.
17.3 Later use. Use of the Software after termination requires another valid licence or an independent legal basis. Unauthorised use may give rise to contractual or intellectual-property remedies under applicable law. The termination itself does not establish that any particular act infringes.
17.4 End Users. Permissions for End Users to continue using copies of End Products lawfully supplied before termination survive. The Licensor will not require their recall or bring claims merely for that continued use. This does not authorise new distribution or continued hosting by you after termination; mandatory obligations and rights remain unaffected.
17.5 Payments on termination for breach. Termination for breach does not by itself create a contractual right to a refund. Any mandatory right to restitution or another remedy remains available. Amounts due and any permitted set-off are determined under applicable law; there is no automatic forfeiture or penalty in addition to compensation lawfully due.
17.6 Survival. Sections 2, 6, 7.3, 7.4, 8, 9, 10, 13, 14, 15.6, 17, 19, 20, 21, 22, 23, 24, 26, 27 and 29, and provisions that by their nature are intended to survive, continue only to the extent relevant after termination. They do not expand the rights or obligations stated above.
17.7 Errors and restoration. We will investigate a reported restriction or termination error promptly and correct an established error, including the access and licence record, under section 15.3. Remedies remain subject to sections 20 and 21; this section creates no separate exclusion of liability for a suspension or restoration delay.
18. ACCESS ENDING ON THE LICENSOR'S SIDE
18.1 Distribution Fault. A "Distribution Fault" occurs where your access to the Repositories ends, or the Licensor stops making Versions available to you, for reasons not attributable to you, including where the Licensor:
(a) discontinues the Software or its distribution; (b) closes or stops maintaining the GitHub organisation or the Repositories; (c) loses the use of the repository hosting service for reasons not caused by you; (d) ceases business; or (e) removes your access by mistake.
18.2 What is not a Distribution Fault. None of the following is a Distribution Fault: temporary suspension or termination under section 15 or 16; loss of access because the Access Account is deleted, suspended, restricted, compromised or loses access by your act or by the repository host's action against that account; failure to accept an invitation (which can be resent); and any restriction under section 24 that applies to you.
18.3 Effect of a Distribution Fault. A Distribution Fault does not terminate the Licence. All Received Versions and your Modifications of them remain licensed to you perpetually under this Licence, and End Products shipped before or after the Distribution Fault remain licensed, subject to your continued compliance with this Licence. Loss of repository access is distinct from termination: sections 15, 16 and 18.5 also describe cases in which access is restricted while the Licence continues. If the Licence later terminates, section 17 applies.
18.4 Notice of discontinuation. Where the Licensor decides to discontinue the Software or its distribution, it will make reasonable efforts to notify the email address in your Licence Record before access ends, so that you can obtain the latest Version.
18.5 Access lost on your side. If access ends for a reason listed in section 18.2 other than termination, the Licence continues in force for as long as it is not terminated. For an account problem you may request a new Access Account under section 11.3. Payment-related restoration is governed by section 15.3. Mandatory remedies remain unaffected.
19. WARRANTY DISCLAIMER
19.1 Evaluation. The free public game and documentation demonstrate aspects of the Software. They provide an opportunity to assess it on your hardware, but do not provide inspection of the private source before purchase or demonstrate every capability, limitation or suitability for your project. Checkout records the opportunity to evaluate, not a representation that you tested everything. Product descriptions and mandatory conformity rights remain part of the applicable contractual obligations.
19.2 Rights. The Licensor confirms that, to its knowledge, it holds or has obtained the rights needed to grant this Licence in the Software, excluding Third-Party Components and Excluded Assets.
19.3 DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTIONS 19.2, 19.4 AND 21, THE SOFTWARE, ACCESS TO THE REPOSITORIES AND ALL VERSIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. THE LICENSOR EXCLUDES ALL WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR QUIET ENJOYMENT, ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND ANY STATUTORY WARRANTY FOR DEFECTS UNDER THE SWISS CODE OF OBLIGATIONS OR ANY OTHER LAW. IN PARTICULAR, THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF ERRORS OR VULNERABILITIES; THAT IT WORKS WITH ANY HARDWARE, GRAPHICS DRIVER, BROWSER OR PLATFORM, OR ACHIEVES ANY PERFORMANCE; THAT ITS DOCUMENTATION, TUTORIALS OR AI PROJECT MEMORY ARE ACCURATE OR COMPLETE; THAT END PRODUCTS WILL BE ACCEPTED BY ANY STORE OR PLATFORM; OR THAT ANY THIRD-PARTY COMPONENT, SERVICE OR EXCLUDED ASSET WILL REMAIN AVAILABLE.
19.4 Nothing in this Licence excludes liability for defects that the Licensor has fraudulently concealed, or any warranty that cannot be excluded under applicable law.
19.5 Your responsibility. You are solely responsible for your End Products, including their testing, security, safety and compliance with law (including data protection, consumer protection, accessibility, age rating and export law).
20. LIMITATION OF LIABILITY
20.1 EXCLUDED LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTIONS 20.3 AND 21, THE LICENSOR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACTS, GOODWILL, ANTICIPATED SAVINGS OR DATA, OR THE COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR ANY LOSS ARISING FROM YOUR END PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF THAT LOSS.
20.2 CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTIONS 20.3 AND 21, THE LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS LICENCE, THE SOFTWARE, ACCESS TO THE REPOSITORIES AND ALL VERSIONS, FOR ALL CLAIMS TOGETHER, IS LIMITED TO THE LICENCE FEE ACTUALLY RECEIVED FOR THE LICENCE, LESS ANY AMOUNT REFUNDED.
20.3 Unlimited liability. Nothing in this Licence limits or excludes liability:
(a) for unlawful intent or gross negligence; (b) for fraud, fraudulent misrepresentation or fraudulently concealed defects; (c) for death or personal injury, where applicable law does not permit its limitation; (d) under mandatory product liability law; or (e) that cannot otherwise be limited or excluded under applicable law.
Where applicable law permits a limitation only to a certain extent, liability is limited to that extent.
20.4 Basis of the bargain. The Licence Fee reflects the allocation of risk in sections 19 and 20. The evaluation opportunity in section 19.1 does not waive a remedy or establish that a defect was known or accepted. Sections 19 and 20 remain subject to mandatory law even if a limited remedy fails of its essential purpose.
20.5 Your liability. The limitations in this section do not apply to your liability for breach of sections 5 to 9, 12, 14 or 22, or for infringement of the Licensor's intellectual property.
21. CONSUMERS
21.1 If you are a Consumer, nothing in this Licence excludes or limits any right you have under the mandatory consumer protection law of your country of habitual residence, including statutory rights and remedies where digital content is not supplied or does not conform to the contract, and any statutory duty to supply updates. Sections 11.5, 15, 17.5, 19, 20, 22 and 27 apply to you only to the extent permitted by that law.
21.2 This Licence is intended for developers and businesses. If you use the Software for a trade, business or profession, including to sell End Products, you may not be a Consumer.
21.3 Information on the right of withdrawal, and on your express consent to immediate delivery, is given in the Terms of Sale and the refund policy published on dev.pinionfall.com.
22. INDEMNITY
22.1 To the extent permitted by applicable law, you will defend, indemnify and hold harmless the Licensor against all third-party claims, and all resulting losses, damages, fines, penalties and reasonable legal costs, arising out of or relating to:
(a) your End Products, including their content, functionality, marketing, data processing, terms offered to End Users, and compliance with law and with platform rules; (b) your Modifications, or the combination of the Software with any material not supplied by the Licensor; (c) your breach of this Licence or of applicable law; or (d) the acts or omissions of your Authorised Users or of any person who obtained the Software through you.
22.2 Section 22.1 does not apply to the extent a claim alleges that the Software, as delivered by the Licensor and unmodified, infringes a third party's intellectual property rights, or to the extent the loss was caused by the Licensor's intent or gross negligence.
22.3 The Licensor will notify you of a claim promptly (a delay relieves you only to the extent it prejudices you), allow you to control its defence with counsel reasonably acceptable to the Licensor, and cooperate reasonably at your expense. You must not settle a claim in a way that admits fault by, or imposes an obligation on, the Licensor without its consent, which it will not unreasonably withhold. The Licensor may take part in the defence with its own counsel at its own cost.
23. COMPLIANCE CERTIFICATION
23.1 On the Licensor's reasonable written request, made no more than once in any 12 months unless the Licensor has reasonable grounds to suspect a breach, you will provide within 30 days a written certification, signed by you or by a person authorised to represent the Licensed Entity, confirming that you comply with this Licence and stating: the Licensed Entity; the number and categories of Authorised Users with access to the Software; the kinds of systems where the Software is stored; and the End Products made available to End Users that contain the Software.
23.2 This Licence gives the Licensor no right to inspect your premises or systems. It does not limit any procedure available under applicable law, including measures to secure evidence.
23.3 The Licensor will treat information provided under this section as confidential and use it only to verify compliance and enforce this Licence.
24. EXPORT CONTROL AND SANCTIONS
24.1 The Software and End Products may be subject to export control and sanctions laws, including those of Switzerland (including the Goods Control Act and the Embargo Act), the United States (including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control), the European Union and its member states, and the United Kingdom. You will comply with all of them that apply to you.
24.2 You represent that neither you, nor any person owning or controlling you, nor any Authorised User, is (a) located, organised or ordinarily resident in a country or territory subject to comprehensive sanctions under those laws, or (b) listed on, or owned or controlled by a person listed on, a sanctions list maintained under those laws.
24.3 You must not export, re-export or transfer the Software, or any End Product, to any prohibited destination, person or end use, including uses related to weapons of mass destruction or, where restricted, military end uses.
24.4 The Licensor may refuse, suspend or terminate the Licence and access where required to comply with such laws. Such action is not a Distribution Fault.
25. UNITED STATES GOVERNMENT END USERS
The Software is a "commercial product", "commercial computer software" and "commercial computer software documentation" as those terms are used in the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). Consistent with FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, the United States Government and its contractors acquire the Software only with the rights set out in this Licence.
26. REMEDIES AND INJUNCTIVE RELIEF
26.1 A breach of section 5, 6, 7, 8, 9, 12 or 14 may cause the Licensor irreparable harm that damages cannot adequately compensate. The Licensor may therefore seek injunctive and other provisional relief in any competent court, including the courts of your seat or domicile and of any place where the breach occurs, without having to prove actual damage and, to the extent applicable law allows, without providing security.
26.2 The Licensor's remedies are cumulative. They include damages, surrender of profits, removal and destruction of infringing copies, and removal and takedown requests to hosts, stores and platforms.
27. GOVERNING LAW AND JURISDICTION
27.1 Governing law. This Licence, and any non-contractual obligation arising out of or in connection with it, is governed by the substantive law of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
27.2 Courts. The ordinary courts at the Licensor's domicile in the Canton de Vaud, Switzerland, have exclusive jurisdiction, subject to appeal to the Swiss Federal Supreme Court. The Licensor may also bring proceedings, including for injunctive relief, in the courts of your seat or domicile or in any other competent court.
27.3 Consumers. If you are a Consumer, (a) the choice of law in section 27.1 does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence where applicable law so provides, and (b) section 27.2 applies only to the extent permitted by mandatory law: you may bring proceedings in any court that mandatory law makes available to you, including the courts of your domicile, and the Licensor may bring proceedings against you only in a court permitted by that law.
27.4 Good-faith discussion. Before starting court proceedings, each party will notify the other of the dispute in writing and try in good faith for 30 days to resolve it. This does not prevent either party from seeking urgent provisional relief.
27.5 Individual claims. To the extent permitted by applicable law, claims under this Licence may be brought only in an individual capacity and not as a plaintiff or class member in any class, collective or representative proceeding.
28. VERSIONS OF THIS LICENCE
28.1 Your Licence is governed by the Licence Version in force when you purchased it, as recorded in your Licence Record, including for all Versions you receive under it.
28.2 The Licensor may publish later Licence Versions. A later Licence Version applies to purchases made after it is published. It applies to an existing Licence only if the Licensee expressly accepts it. The Licensor will not change your Licence unilaterally.
29. GENERAL PROVISIONS
29.1 Entire agreement. This Licence and the Terms of Sale are the entire agreement between you and the Licensor about their subject matter and replace all earlier statements and arrangements about it. Nothing in this section limits liability for fraudulent misrepresentation. Terms contained in your purchase orders, supplier conditions or similar documents have no effect.
29.2 Order of precedence. If this Licence and the Terms of Sale conflict, this Licence prevails on the Software, intellectual property, permitted use and distribution, confidentiality, termination and its effects; the Terms of Sale prevail on the purchase process, payment, taxes, delivery, refunds and withdrawal. Mandatory law prevails over both. The merchant of record's own terms govern the payment transaction between you and the merchant of record, and do not extend your rights in the Software.
29.3 Severability. If any provision of this Licence is found invalid or unenforceable, the rest remains in force, and, to the extent permitted by applicable law, the provision is replaced by a valid provision that comes closest to its purpose.
29.4 No waiver. A failure or delay in exercising a right is not a waiver of it.
29.5 Assignment by the Licensor. The Licensor may assign or transfer this Licence, and its rights and obligations under it, to a successor to its business or to the acquirer of its rights in the Software, by notice to you, provided your rights under this Licence are not reduced. You consent to such a transfer in advance.
29.6 Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, epidemics, acts of authorities, sanctions, and failures of the internet, of hosting or repository services or of payment systems. This does not excuse your obligations under sections 5 to 9, 12, 14 and 24.
29.7 Notices and written form. Notices to the Licensor must be sent to support@pinionfall.com or to the Licensor's postal address. Notices to you may be sent to the email address in your Licence Record, which you must keep current. An email notice is received when it reaches the recipient's mail server. Where this Licence requires something to be "in writing" or "written", email suffices, and no handwritten signature is required.
29.8 Electronic acceptance. Acceptance of this Licence by electronic means is binding. The Licence Record is evidence of your acceptance and consents.
29.9 Language. This Licence is written in English. Any translation is for convenience only, and the English text prevails to the extent permitted by applicable law.
29.10 Relationship. The parties are independent contractors. Nothing in this Licence creates a partnership, joint venture, agency or employment relationship.
29.11 No third-party beneficiaries. No person other than the parties has any right to enforce this Licence, except as stated in section 17.4.
29.12 Interpretation. Headings are for convenience only. "Including" means including without limitation. Words in the singular include the plural and vice versa.
30. CONTACT
Pinionfall support@pinionfall.com https://dev.pinionfall.com Name and postal address of the Licensor: https://dev.pinionfall.com/imprint/
End of Pinionfall Engine Commercial Source Licence, version 1.0, 14 September 2026.