The Torque Game Engine is the 3D game engine that revolutionized the game industry. It offers a basic package of features to create games:

  • Cross Platform Capabilities: All Torque products are built on a common architecture, but optimized per platform, so even if you're only targeting a single platform, you can deply to Windows, Mac, Linux, Xbox 360, Wii and the iPhone.
  • Torque Network Library: The Torque Network Library is a robust, secure, easy to use cross-platform C++ networking API designed for high performance simulations and games. TNL has proven successful in some of the most demanding multiplayer internet games and is built for serious, latency-sensitive multiplayer games up to 128 or 256 players.
  • Source Included: Clean, fast, and extensive C++ APIs for Torque's major systems enable use of any commercial middleware. You can use PhysX for physics, FMOD for sound, or create your own custom implementation.
  • Integrated Toolset: Torque Game Engine comes with a toolset that allows you to manipulate terrain and create worlds for your 3D game.
  • Additional Code and Content Packs: In addition to the engine, you can purchase many additional resources such as Torque ShowTool Pro, the Torsion Script Editor, the FPS and RTS Starter Kits, or Content Packs featuring models and environments that increase the graphic quality of your game.
If you're looking for cutting edge game-engine tech, you should check out Torque Game Engine Advanced, which offers these additional features:

  • Procedurally Generated Shaders: Procedural generation of shaders support normalmapping, detail maps, specular, cubemapping, glow, refraction, reflection, texture UV animation, and more. Your game's graphical quality will only be limited by the amount of resources you can devote to art assets.
  • Custom Materials: If you want to create your own shaders, you can easily accomplish that with our powerful custom shader interface. A powerful custom shader interface allows easy integration of custom shaders and effects. Also included are exclusive fallback hooks that allow full control over how a custom material looks on all hardware platforms.
  • Advanced Terrain Systems: With three distinct terrain systems, Torque Game Engine Advanced has what you need to create worlds of any size. Build limitless, dynamically paging terrains with the Atlas system, dynamically blended mountains and plains with TerrainBlocks, or an MMO-size world with MegaTerrains.
  • GFX Power: TGEA's rendering is faster and more powerful than ever before, offering huge speed increases, full screen anti-aliasing, and support for non-shadered video cards. You can deploy your games to a much wider audience and trust that it will ''just work.''
  • Polysoup Collision: We've taken OPCODE Polysoup Collision implementation and extended it to better integrate with the environment and lighting. Quickly drop in your mesh objects and levels and get up and running with them in no time.
  • SFX Sound System: The brand new sound system provides proper abstraction and tools for using sound in games including a robust FMOD implementation.
  • Torque Build System: The new Project Generator automates generating up-to-date projects files. This powerful, modular system makes maintaining new code and staying in sync with your team a snap.
  • Active Development Community: When you license Torque Game Engine Advanced, you join the more than 110,000 strong GarageGames development community. They provide you with resources, code fixes, and hot-off-the-presses implementation that you can only get in a thriving available source community.

Overview

Each Torque engine ships with its own documentation. We have set up locations, both online and offline, you can go to for updated tutorials and reference docs. The online pages tend to have the most community tutorials and updated docs, so you should check in whenever you can.

Official Documentation

GarageGames provides an official set of documentation for every engine. These docs are in HTML format. You can browse through each page, or search for terms you are interested. You should definitely start your TGE education by reading the OFFICIAL DOCUMENTATION.

TGE Documentation Landing Page

Each engine has its own community page which will be updated with new documentation, links, and news. You can find the main landing page HERE.

From there, you can pick the engine you wish to learn about. If you want to jump straight to TGE's landing page, CLICK HERE.

C++ Compiler

All platforms require an installed C++ compiler in order to build the engine. TGE is compatible with the free Microsoft Visual Studio Express and Apple XCode.

Windows-Based Computers

Windows 2000/XP/Vista
Pentium III 1000, 512 MB RAM
OpenGL or DirectX Compatible 3D Graphics Accelerator, DirectX compatible Soundcard
Supported Compilers: Microsoft VC++ 7.0 and above. Free compilers may work, but are unsupported by GG. Dev-C++ does not work.

Apple-Based Computers

OS X 10.4/10.5
G5 or Intel Mac, 512 MB RAM
OpenGL Compatible 3D Graphics Accelerator
Supported Compilers: XCode 2.2+ (OS X only)

Linux-Based Computers

Pentium 1000, 512 MB RAM
NVIDIA TNT2 or better 3D Graphics Accelerator, Linux-supported sound card
XFree86 4.0 or newer with NVIDIA OpenGL drivers
glibc 2.2 or newer (e.g.: Redhat 7.x+, Mandrake 8.x+, Debian 3.0+)
SDL version 1.2 or newer (1.2.3 or later is recommended)
OpenAL Runtime or SDK Installation
Mesa3D version 3.4 or newer (3.4.2 or later recommended)
Supported Compilers: GNU make and g++ (version 2 or 3)

NOTE: Linux is community supported. The last known version to run on Ubuntu was TGE 1.4.1. Using Linux requires expert knowledge of C++, the compilation process, and Linux itself. Please do not try to use Linux if you are new to the OS.

Torque Game Engine (TGE) "Indie" Game End User License Agreement (EULA) (Click here for the Commercial EULA)

The use of the Garagegames.com Torque Game Engine ("Engine") is governed by this license agreement ("Agreement").

These license terms are an agreement between GarageGames.Com, Inc. and you. Please read them. They apply to the software, game engine, source code, and any other assets or works that are included with the product named above, which includes the media on which you received it, if any. These terms also apply to any updates, supplements, internet-based services, and support services for this software and its associated assets, unless other terms accompany those items. If so, those terms apply. You must read and agree to this Agreement terms BEFORE installing the Engine to your hard drive or using the Engine in any way. If you do not agree to the license terms, do not download, install or use the Engine. Please make copies for all those in your organization who need to be familiar with the license terms.

The TGE "Indie" License is intended to be used for games only, by individuals funding their own game development. Any other use is governed by the TGE Commercial Game EULA.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS ENGINE, THE INDIVIDUAL ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS ENGINE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:


1. LICENSE AGREEMENT

This sets forth the entire agreement between Garagegames.com, Inc. ("Licensor") and the Licensee relating to the use of the Engine binary or source code in hard media form or downloadable from the Licensor website, www.garagegames.com, or affiliates.


2. LICENSE GRANT.

Licensor grants Licensee a single "seat" to an individual, a limited non-exclusive, non-transferable license to use the Torque Game Engine ("Engine) for the purposes of making source code and object code for an unlimited number of electronic single or multi-user game for entertainment ("Games").

(a) Licensee may publicly sell, distribute, release, publish, transmit and/or exploit any Games created hereunder.

(b) With the exception of the platforms and their respective successors described in Section 3, Licensee may have the Games published by any publisher with no royalties. Licensee may have the games published on PC, Macintosh, or Linux through any downloadable channel or retail distribution (CD / DVD box sales) including but not limited to self-publishing, Games for Windows, Steam, Direct2Drive, RealArcade, Yahoo! Games, PopCap, Big Fish, MSN Games, Pogo. Licensee does not have to offer the Games to GarageGames for publication.


3. RESTRICTIONS.

The following restrictions apply to the use of this Engine:

(a) This license is granted to individuals only, and cannot be owned by corporate or business entities.

(b) Licensee may not use the Indie License if the annual revenue of the Company employing, partnering, or affiliated in any way with the Licensee is greater than $250,000 USD annually. Those Companies which grow to greater than $250,000 USD annually are required to upgrade to the Torque Commercial Product License for each seat of the Torque being used immediately..

(c) Licensee may not: (i) create any derivative works of the Engine, including but not limited to translations, localizations, starter kits, technology add-ons, or game making software other than Games; (ii) reverse engineer, or otherwise attempt to derive the algorithms for the Engine (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine.

(d) Licensee may not distribute the source code or documentation to the engine in any manner, unless recipient also has a license to the Engine.

(e) Licensee may not release Products intended for operation on Game Console Systems including the Microsoft Xbox, Xbox 360, Sony Playstation 2, Playstation 3, Playstation Portable, Nintendo GameCube, Wii, DS or their successors without first obtaining a separate Torque Game Engine Advanced Console License from GarageGames. Contact licensing@garagegames.com for these applications of the Engine.

(f) Licensee may not release Games for distribution on mobile phone handsets without first obtaining a separate Torque Game Engine Mobile License from GarageGames. Contact licensing@garagegames.com for these applications of the Engine.

(g) This license does not permit the use of the Engine for non-Game application such as simulations, virtual worlds, or other non-Game products. Use of the Engine for these applications requires a separate license. Contact licensing@garagegames.com for these applications of the Engine.

(f) Licensee may not be a government contractor, government entity, large corporation, or small company performing subcontract work for any of these entities without obtaining a Commercial License. Small companies cannot take royalty advances or development fees from large companies or corporate entities for Games using the Engine without first obtaining a Commercial License for all programmers.


4. FEES.

(a) The TGE Indie Game License fee for the Engine is $150 per each programmer using or accessing the source code to the Game(s) There are no additional royalties. Licensee does not have to show the Games or publish the Games with GarageGames.

(b) Licensee agrees to display a full screen, unmodified Torque Game Engine logo for no less than four full seconds in the start up sequence of any game created and released with the Engine. This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.

(c) Licensee agrees to include in the "About" box or in the credits screen: (i) a link to www.garagegames.com, and (ii) the wording "This game powered by the Torque Game Engine." This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.

(d) Licensor may use Licensee's name in connection with the Games and in any customer reference list or in any press release issued by Licensor regarding the licensing of the Engine.


5. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine.


6. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.


8. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Games and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.


9. MISCELLANEOUS.

This Agreement may be amended at anytime at the sole discretion of GarageGames with proper notice. Non-personal information about the installer's success or failure may be sent to GarageGames during the installation. This Agreement shall be governed by the laws of the State of Oregon, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Lane County, Oregon, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.


10. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. The language of this Agreement is English.

Torque Game Engine 1.5.x - COMMERCIAL License (Click here for the Indie EULA)

End User License Agreement (EULA)

Torque Game Engine (TGE) Commercial Game End User License Agreement (EULA)

The use of the Garagegames.com Torque Game Engine ("Engine") is governed by this license agreement ("Agreement").

These license terms are an agreement between GarageGames.Com, Inc. and you. Please read them. They apply to the software, game engine, source code, and any other assets or works that are included with the product named above, which includes the media on which you received it, if any. These terms also apply to any updates, supplements, internet-based services, and support services for this software and its associated assets, unless other terms accompany those items. If so, those terms apply. You must read and agree to this Agreement terms BEFORE installing the Engine to your hard drive or using the Engine in any way. If you do not agree to the license terms, do not download, install or use the Engine. Please make copies for all those in your organization who need to be familiar with the license terms.

This license allows companies of any size, government entities or individuals to create and release or sell games based on executables created from the source code of the Engine.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS ENGINE, THE INDIVIDUAL ACCESSING THE ENGINE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS ENGINE. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:


1. LICENSE AGREEMENT

This sets forth the entire agreement between Garagegames.com, Inc. ("Licensor") and the Licensee relating to the use of the Engine binary or source code in hard media form or downloadable from the Licensor website, www.garagegames.com, or affiliates.


2. LICENSE GRANT.

(a) In accordance with the terms herein, Licensor grants a limited non-exclusive, non-transferable license to the Licensee to use the Engine for the sole purposes of making executable electronic single or multi-user games for entertainment ("Games"). This license is granted specifically to a single individual or a single corporate or business entity only. This license grants only a single seat license per commercial copy purchased, and additional copies must be purchased for each user that will use this software within a business or corporate entity at the rate of one copy/seat per user.

(b) With the exception of the platforms and their respective successors described in Section 3, Licensee may have the Games published by any publisher with no royalties. Licensee may have the games published on PC, Macintosh, or Linux through any downloadable channel or retail distribution (CD / DVD box sales) including but not limited to self-publishing, Games for Windows, Steam, Direct2Drive, RealArcade, Yahoo! Games, PopCap, Big Fish, MSN Games, Pogo. Licensee does not have to offer the Games to GarageGames for publication.


3. RESTRICTIONS.

The following restrictions apply to the use of this Engine:

(a) Licensee may not: (i) create any derivative works of the Engine, including but not limited to translations, localizations, starter kits, technology add-ons, or game making software other than Games; (ii) reverse engineer, or otherwise attempt to derive the algorithms for the Engine (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Engine; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Engine.

(b) Licensee may not distribute the source code to the engine in any manner, unless recipient also has a license to the Engine.

(c) Licensee may not release Games intended for operation on Game Console Systems including but not limited to the Microsoft Xbox, Xbox 360, Sony Playstation 2, Playstation 3, Playstation Portable, Nintendo GameCube, Wii, DS or their successors without first obtaining a separate Torque Game Engine Console License from GarageGames. Contact licensing@garagegames.com for these applications of the Engine.

(d) Licensee may not release Games for distribution on mobile phone handsets without first obtaining a separate Torque Game Engine Mobile License from GarageGames. Contact licensing@garagegames.com for these applications of the Engine.

(e) This license does not permit the use of the Engine for non-Game application such as simulations, training, modeling, virtual worlds, or other non-Game products. Use of the Engine for these applications requires a separate license. Contact licensing@garagegames.com for these applications of the Engine.


4. FEES.

(a) The Commercial license fee for the Engine is $749, with no royalties. Licensee does not need to have any permissions or approvals from Licensor to release, publish, sell, or otherwise exploit Games.

(b) Licensee agrees to display a full screen Torque Game Engine logo in the start up sequence of any game created and released with the Engine. This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.

(c) Licensee agrees to include in the "About" box or in the credits screen: (i) a link to http://www.garagegames.com, and (ii) the wording "This game is powered by Torque Game Engine." This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.

(d) Licensor may use Licensee's name in connection with the Games and in any customer reference list or in any press release issued by Licensor regarding the licensing of the Engine.


5. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine.


6. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


7. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSORS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.


8. LICENSEES REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its parent, subsidiaries, affiliated companies and partners and their respective officers, directors, employees and agents from and against any and all liabilities, damages, costs and fees (including reasonable attorneys fees) resulting from or relating to: (i) any third party claims or lawsuits related to the Games and assignment of intellectual property ownership hereunder; (ii) any third party claims or lawsuits related to any and all obligations Licensee has undertaken to perform hereunder; or (iii) a breach of any representations and warranties Licensee has made hereunder. Such indemnification obligation of Licensee is conditioned upon Licensor immediately notifying Licensee in a writing that sets forth with specificity the claim or action to which such indemnification obligation applies. Licensee will have the right to control the defense of each such claim and any lawsuit or proceeding arising there from. In no event will Licensee settle any such claim or lawsuit or proceeding arising there from without the prior written approval of Licensor.


9. MISCELLANEOUS.

This Agreement may be amended at anytime at the sole discretion of GarageGames with proper notice. Non-personal information about the installer's success or failure may be sent to GarageGames during the installation. This Agreement shall be governed by the laws of the State of Oregon, U.S.A., excluding its conflict of law provisions. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Lane County, Oregon, with the losing party paying all costs of arbitration. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.


10. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this Section shall apply. Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Software, and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. The language of this Agreement is English.