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General Terms and Conditions - atmoky trueSpatial

This professional LICENCE AGREEMENT sets forth the legally binding terms and conditions for a professional client’s use of ATMOKY’s SOFTWARE.

Please read this LICENCE AGREEMENT carefully.

If YOU do not accept these Terms and Conditions, YOU may not order, install, or use any of ATMOKY’s SOFTWARE. By accepting this LICENCE AGREEMENT, YOU agree to be bound by its terms.

AGREED TERMS

  1. DEFINITIONS

Throughout this agreement, the following definitions shall be in capitals.

ATMOKY, LICENSOR: means atmoky GmbH, a company established under Austrian law and with its registered office in Schubertstraße 6a, 8010 Graz, Austria.

ATMOKY DEVELOPMENT SOFTWARE: means the ATMOKY software used by developers, sound designers, or engineers to develop, author, and create digital interactive applications. This includes, but is not limited to, video games, virtual reality (VR) and augmented reality (AR) applications, multimedia installations, location-based entertainment (LBE) systems, and any other form of interactive digital media.

ATMOKY RUNTIME SOFTWARE: means the ATMOKY software that is deployed with a complete digital product, such as a game, application, experience, or service, that runs on a hardware platform or in the cloud. This includes use in consumer-facing applications and LBE environments, and is intended for execution by end users or participants in public or commercial settings.

ATMOKY SOFTWARE: means collectively the ATMOKY DEVELOPMENT SOFTWARE, the ATMOKY RUNTIME SOFTWARE, and any provided documentation or user guide.

LICENCE AGREEMENT: means the terms and conditions set forth in this agreement.

LICENSEE, YOU, YOUR: means the physical person or legal person, the company or other legal entity obtaining a licence and being a professional developer, studio, sound designer, or engineer. This LICENCE AGREEMENT is based on the assumption that the LICENSEE is a professional user, so an entrepreneur within the meaning of section 1 para 1 clause 1 of the Austrian Consumer Protection Law (KSchG).

  1. LICENCE GRANT and Restrictions

ATMOKY grants the LICENSEE specific rights to use the ATMOKY SOFTWARE under the following terms:

  1. Trial / Testing / Evaluation Use

The LICENSEE may use the ATMOKY SOFTWARE for internal testing, evaluation, and development purposes, including deployment to target platforms, under the following conditions:

  • Use is restricted to internal evaluation, prototyping, or testing on relevant platforms.
  • No public distribution, monetization, or commercial deployment is permitted.
  • Results of the evaluation may not be shared or published without prior written approval.
  • Attribution to ATMOKY is appreciated but not mandatory during this phase.
  • This licence is provided free of charge and may be time-limited at ATMOKY’s discretion.

To proceed with distribution or commercial use, the LICENSEE must obtain an appropriate commercial or non-commercial licence.

  1. Commercial Use

Any commercial use of the ATMOKY SOFTWARE requires a separate Commercial Licence Agreement with ATMOKY and the registration of the commercial project.

Commercial use includes, but is not limited to:

  • Projects that are monetized directly or indirectly through sales, subscriptions, in-app purchases, advertisements, or funding;
  • Work-for-hire, commissioned work, or enterprise deployments;
  • Experiences used in exhibitions, installations, LBE venues, or public-facing media;
  • Funded research or development where public deployment or value creation is intended.

There is no free tier for commercial use. Unauthorized commercial use is prohibited.

All commercial projects must be registered with ATMOKY, and a valid commercial licence must be obtained. Contact: sales@atmoky.com

Pricing Basis: ATMOKY reserves the right to determine the licence fee and related conditions based on the intended use category (e.g., game, non-game, installation) and the estimated development budget disclosed by the LICENSEE. Any misrepresentation of category, budget, or project scope may result in termination of the licence or adjustment of the fee.

  1. Non-Commercial or Educational Use

ATMOKY may grant a non-exclusive, non-transferable, royalty-free licence to use the ATMOKY SOFTWARE ( in the sense of section 24 para 1 first sentence Austrian Copy Right Act [UrhG] “Werknutzungsbewilligung”) in non-commercial projects, provided the following conditions are met:

  • The LICENSEE is a natural person or non-profit organization creating work not intended for sale, profit, or commercial exposure.
  • The project is purely educational, artistic, personal, or academic in nature.
  • The SOFTWARE is not used in exchange for money, funding, exposure, or other forms of compensation.
  • The ATMOKY SOFTWARE is not integrated into a middleware tool or engine.
  • Proper attribution to ATMOKY is provided in accordance with https://atmoky.com/attribution .

ATMOKY reserves the right to determine eligibility for non-commercial use on a case-by-case basis. In any case, you need to register your project or use with atmoky. Contact: sales@atmoky.com

  1. AUDIT CLAUSE

ATMOKY has the authority to verify the LICENCE-compliant usage of the ATMOKY SOFTWARE. Irrespective of this, ATMOKY may demand a proof from the LICENSEE, stating that the ATMOKY SOFTWARE is used in conformity with the granted purposes. Any inquiries in connection with the usage of the ATMOKY SOFTWARE have to be answered correctly and truthfully.

  1. TITLE

Title, ownership rights, and intellectual property rights in the ATMOKY SOFTWARE shall remain with ATMOKY. The LICENSEE is granted no rights in the ATMOKY SOFTWARE other than the rights expressly set forth above. The ATMOKY SOFTWARE is protected by intellectual property rights, including copyright and trade secret laws and treaties.

  1. RESTRICTIONS

The LICENSEE shall not:

  • Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the ATMOKY SOFTWARE;
  • Rent, lease, loan, merge, grant a security interest in, or otherwise transfer rights to the ATMOKY SOFTWARE;
  • Remove any proprietary notices or labels on the ATMOKY SOFTWARE;
  • Use the ATMOKY SOFTWARE to transmit any material that is defamatory, offensive, or otherwise objectionable.

For clarification:

  • The right to decompile ATMOKY SOFTWARE is explicitly excluded to the extent permitted by law.
  • The LICENSEE is not allowed to change or modify ATMOKY SOFTWARE without ATMOKY’s consent. Statutory rights of use, such as those under 40d of the Austrian Copyright Act (UrhG), remain unaffected by this clause to the extent permitted by law.
  1. WARRANTY

For trial, testing, and non-commercial use of ATMOKY SOFTWARE all warranties are excluded to the extent permitted by law.

For paid commercial licences:

  • Warranty claims expire within six months after the ATMOKY SOFTWARE has been made available or published.
  • Obligations to notify shortcomings and bugs within the meaning of section 377 Austrian Commercial Code “UGB” must be adhered to.
  • ATMOKY is not liable for third party software and/or software elements (plug-ins, library files) which have not been released by ATMOKY. Likewise, ATMOKY is not liable for software elements (plug-ins) programmed and integrated by the LICENSEE himself.
  1. TERMINATION

On termination, all rights under this agreement will cease, and the LICENSEE must destroy all copies of the ATMOKY DEVELOPMENT SOFTWARE and any copies of the ATMOKY RUNTIME SOFTWARE that have not yet been distributed to end users and game players as part of LICENSEE’s developed interactive product.

  1. INDEMNITY

To the extent permitted by law, LICENSEE shall indemnify, defend, and hold harmless ATMOKY and its affiliates, and their respective successors, assigns, officers, directors, employees, and agents, from any claim, liability, loss, damage, lien, judgment, and cost, including reasonable attorneys’ fees and litigation expenses, with respect to LICENSEE’s and LICENSEE’s customers’ use of the ATMOKY SOFTWARE.

  1. LIMITATION OF LIABILITY

If the ATMOKY SOFTWARE is used free of charge, all claims for damages are excluded.

The LICENSEE acknowledges that the ATMOKY SOFTWARE has not been developed to meet the LICENSEE’s individual requirements, and that it is therefore the LICENSEE’s responsibility to ensure that the facilities and functions of the ATMOKY SOFTWARE, as described in the documentation provided, meet the LICENSEE’s requirements.

The liability of ATMOKY for loss of profit of the LICENSEE is excluded.

The liability of ATMOKY for slight negligence is excluded and in no event shall ATMOKY be liable for any damages in excess of the amount received from the LICENSEE for a commercial LICENSE to the ATMOKY SOFTWARE. For the avoidance of doubt, the liability is limited to a maximum amount that corresponds to the order value or paid LICENCE fee.

ATMOKY is not liable for third-party software and/or software elements (plug-ins, library files) which have not been released by ATMOKY. Likewise, ATMOKY is not liable for software elements (plug-ins) programmed and integrated by the LICENSEE himself.

ATMOKY does not bear any liability for an illegal (especially, but not exclusively, in the sense of the GDPR) implementation and/or use of ATMOKY SOFTWARE in any relation of the LICENSEE towards the end customer.

  1. DATA PROTECTION, AND PROTECTION OF BUSINESS AND TRADE SECRETS

The disclosure of data and information to a particular business partner is allowed to the extent necessary for the fulfilment of the contractual LICENCE AGREEMENT only. Otherwise, ATMOKY and the LICENSEE are mutually obligated to maintain confidentiality about the details and data which come to their knowledge due to the present business partnership and both parties are in particular obligated to preserve the data confidentiality. These obligations to confidentiality shall also extend beyond the contractual agreement. ATMOKY and the LICENSEE further obligate themselves to inform and instruct their employees and subcontractors in this respect.

Both parties further obligate themselves to protect mutually disclosed business and trade secrets appropriately and in accordance with section 26b para 1 line 3 of the Austrian Act against Unfair Competition (UWG).

  1. CIRCUMSTANCES BEYOND THE CONTROL OF ATMOKY

ATMOKY shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond their reasonable control.

  1. REFERENCE CLAUSE

ATMOKY is authorized to indicate the business relationship with the LICENSEE by a reference on its homepage. In this context, ATMOKY is authorized to use the logo of the LICENSEE unless the LICENSEE requests otherwise in writing.

  1. MISCELLANEOUS

This LICENCE AGREEMENT represents the complete agreement between YOU and ATMOKY. ATMOKY may amend or change this LICENCE AGREEMENT in its sole discretion upon notice to YOU.

If any provision of this LICENCE AGREEMENT is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

The LICENSEE shall not assign, transfer, sub-LICENSE or otherwise dispose of this LICENCE AGREEMENT or any right or obligation under this LICENCE AGREEMENT except as otherwise permitted by this LICENCE AGREEMENT.

Failure or delay by ATMOKY in enforcing any of the terms or conditions of this LICENCE AGREEMENT shall not be construed as a waiver of any of the rights under it. Neither shall it mean that YOU do not have to comply with those obligations.

This LICENCE AGREEMENT is based on Austrian law and Austrian law shall be applicable. The exclusive place of jurisdiction is the relevant court in Graz, Austria. The application of the United Nations Convention of Contracts for the International Sale of Goods as well as the application of reference norms are hereby expressly excluded.

Place of performance is the registered office of ATMOKY.

The LICENSEE shall not assign, sublicense, transfer, or otherwise dispose of this LICENCE AGREEMENT or any rights or obligations hereunder, including the ATMOKY SOFTWARE, without the prior written consent of ATMOKY.

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