
Torque Game Builder is the world's most powerful and easy-to-use 2D game engine. Built atop the common Torque core architecture, it offers many of the features of our cutting-edge 3D game engine, but customized for 2D gameplay. With developments paths that allow publishing to Windows, Mac, Xbox 360, Wii, iPhone, and even web platforms, your game will reach the widest possible audience. And with its intuitive and powerful editor, anyone can jump into game creation with little to no prior knowledge.
Your license to Torque Game Builder provides you with a 100% complete 2D feature set.
Cross Platform, Dual Graphics APITorque products are built on a common architecture, but optimized per platform and TGB supports a wider range of platforms than any other modern game engine technology. Build on a PC or Mac, and then deploy to Wii, Xbox 360, iPhone, and even web portals all from the same project.
Level Editor
TGB's Level Editor provides an entire suite of WYSIWYG tools for designing and editing a game. The Level Editor is fully integrated with the Torque runtime and provides full access to all Torque subsystems allowing for:
- Object placement and manipulation
- Property inspection and editing
- Asset importation
- Sound and video
- Performance profiling
- No compile time
- Particle effects
- Tile manipulation
- Asset management
- Behavior assignment
TGB's powerful 2D rendering is perfectly suited to achieving a custom, original-looking style. It supports all common 2D rendering techniques. TGB's graphics API includes implementations for all types of hardware and operating systems performing on more than 99% of all gamer hardware (Steam Hardware Survey). Console graphics implementations for the Xbox, iPhone, and Wii provide a straightforward path for developers to reach gamers on those devices as well.
BehaviorsTGB allows users to share snippets of code easily within the editor. Simply create a behavior, send the behavior file to a friend, and tie the file to the editor. This allows coders and artists to share gameplay elements without ever writing a single script.
NetworkingTGB's integrated networking system makes implementing turn-based multiplayer options a breeze. RPG and RTS games can be made to easily support multiplayer modes on any network.
ScriptingTorquescript is a fast, easy to use C++ like scripting language that ties all the various elements of a project together. It supports a large complement of functions including math, object manipulation, fileIO, and more. Torquescript allows for compiling on-demand for runtime execution with the integrated script compiler. Torquescript features:
- Object-oriented programming
- Transparent interconnection with external C++ objects
- Built-in fast 3D math (vectors, matrices, and quaternions with all corresponding functions)
- Well-documented standard library (hundreds of functions out-of-the box)
Most game functions can be programmed in Torquescript, and engine additions such as physics or intense AI coded in C++ are called from script.
PhysicsTGB physics are modeled after real-world Newtonian physics. Apply inertia, linear velocity, angular velocity, friction, restitution, relaxation, damping, or a number of other physical attributes to your object and watch it handle interactive collision with perfect scaling.
GUI
Torque provides for fully customizable GUI module including:
- Widgets, containers and dialogs
- Transparency, animation
- Easy-to-use GUI files
- Skins support
- Support for Eastern languages
- Localization packs support
Sound
TGB uses the OpenAL sound library by default and supports a wide range of features. These include:
- Stereo, Streaming Sound
- SFX/Music driver
- 2D sound support for panning, volume, Doppler, cones
- Multi-channel prioritized SFX manager
- Built-in Theora video codec playback
For TGB Pro licensees, clean, fast, robust C++ APIs for Torque's major systems enable use of any commercial middleware. You can use Bullet for physics, FMOD for sound, or create your own custom implementation.
Genre Kits
TGB is available with many different Genre Kits. All Genre Kits combine expert coding with world-class optimized in-game art assets for a quick start to any new project. Choose from
- ISO Adventure Kit
- Platformer
- Side-scrolling Shooter
- More coming soon...
Torque licensees join the 110,000 user GarageGames developer community and have access to an enormous set of valuable community resources. There are dozens of tutorials and a wealth of learning materials available on the site. Users receive free patch updates throughout the year and free upgrades to minor version releases. Each new release is designed for a seamless project transition.
Paid support is also available via email on a per incident basis. On-site support and training is also available for a fee.
See Torque Game Builder games in action! For more games like this, check out our TGB games page.
Be A King
Be a King offers a mix of classic strategy elements in a simple casual game. Try to rule your land as the prince. Build and maintain villages, towns and even big cities. Defend your minions against hordes of monsters and bandits. Be a just and determined ruler, and realize the dream of becoming a brave king who leads his people to a better future. Pavel Tovarys of Rake in Grass Games talk about blurring the lines between casual and hardcore games in the Be a King developer interview.
Fix-it-up: Kate's Adventure
Kate's Adventure comes alive on Big Fish, PlayFirst, and RealArcade. Kate comes home from college to find her dad's auto repair shop in financial trouble, but she's not going to let the family business go down without a fight! Can you rebuild the family's auto repair business? Expand the franchise from arid Nevada to glamorous Hollywood. Surf the Pacific Ocean and watch Kate's unexpected love story unfold. Adam Robaszyński-Janiec talks about putting a new spin on time management in the Fix-it-up developer interview.
Restoring Rhonda
Rhonda's been overworked, and she's lost her job as a prestigious art restorer. Help her rebuild her career and her confidence by working her way back to the top. Fortunately for Rhonda, an ancient, mysterious puzzle game has arrived to provide artistic aid. Can Rhonda master Azuba and earn the tools she needs to refurbish beautiful paintings? Skunk Studios CEO/CTO Kalle Wik gives us an inside glimpse at making casual games in the Restoring Rhonda developer interview.
Crunch Time
A game about quality assurance? In Crunch Time, mega-developer Futuracorp's newest epic science-fiction MMO game has been besieged by an influx of bugs and corrupt data. Your job is to regulate the flow of corrupt data so that Vega and Pixel can clean up the bugs. Do your job, and the game will ship on time. Fail and gamers everywhere will be crushed. Who knew QA could be so fun? Aaron Murray and Jon Wofford of Tandem Games talk about this Intel award-winning game in the Crunch Time developer interview.
For a full list of games made with TGB, click here.
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 TGB education by reading the OFFICIAL DOCUMENTATION.
TGB 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 TGB's landing page, CLICK HERE.
C++ Compiler
All platforms require an installed C++ compiler in order to build the engine. TGB is compatible with the free Microsoft Visual Studio 2005/2008 Express and Apple XCode.Windows-based Computers
Minimum Requirements:Windows XP/Vista with latest service packs
1.0 GHz processor
512 MB RAM (1GB for Vista)
OpenGL or DirectX compatible accelerated 3D video card
Recommended Requirements:
Windows XP/Vista with lastest service packs
2.0 GHz processor
1 GB RAM
nVidia or ATI accelerated 3D video card
Apple-based Computers
Minimum Requirements:G4
512 MB RAM
MAC OSX 10.3
nVidia or ATI accelerated 3D video card
Recommended Requirements:
G4, G5 or Intel Mac
1 GB RAM
MAC OSX 10.5+
nVidia or ATI accelerated 3D video card
Torque Game Builder (TGB) "Indie" Game End User License Agreement (EULA) (Click here for the Commercial EULA)
The use of the Garagegames.com Torque Game Builder ("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 TGB Indie License is intended to be used for games only, by very small independent companies or individuals funding their own game development. Any other use is governed by the Torque Game Builder 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 shipped on hard media 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 Engine for the purposes of making source code and object code for an unlimited number of electronic single or multi-user games 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 annually. Companies that grow to greater than $250,000 annually must upgrade to the Torque Game Builder Commercial Product License for each seat of Torque Game Builder.
(c) Licensee may not: (i) create any derivative works of the Engine, including translations or localizations, other than the 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 distribute any Torque Game Builder-specific editors, including but not limited to the Level Builder, Tile Builder and Particle Builder, in any manner, unless recipient also has a license to the Engine.
(f) Licensee may not create a Game derived from the Engine which is designed or intended to be used as a game making tool or engine itself.
(g) Licensee may not be a government contractor, government entity, large coporation, 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.
(h) Licensee may not release Games intended for operation on Game Console Systems including the Microsoft XBox, Microsoft Xbox360, Sony Playstation 2, Sony Playstation 3, Sony PSP, Nintendo GameCube, Nintendo DS, Nintendo Wii or any successors or future console platforms without first obtaining a separate Torque Game Builder Console License from GarageGames.
4. FEES.
(a) The TGB Indie Game License fee for the Engine is $250 per each programmer using or accessing the source code to the Game(s). Licensee may not sell or otherwise distribute Games created with the Engine until the license fee has been paid. There are no additional royalties, and Licensee does not have to show the Games or publish the Games with GarageGames.
(b) Licensee agrees to display a full screen Torque Game Builder 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 www.garagegames.com, and (ii) the wording "This game powered by Torque Game Builder." 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.
--END OF TORQUE GAME BUILDER (TGB) "INDIE" GAME END USER LICENSE AGREEMENT (EULA)--
Torque Game Builder (TGB) Commercial Game End User License Agreement (EULA) (Click here for the Indie EULA)
The use of the Garagegames.com Torque Game Builder ("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 Builder 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 Builder 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 $1250, 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 Builder 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 the wording "This game is powered by Torque Game Builder." 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.






