
Torque X 2D is designed from the ground up to harness the power of XNA. Written entirely in C# and based on the proven Torque Game Builder, the result is the most powerful C# 2D game engine on the planet. You can code in C#, then run your game in Windows or on your own retail XBox 360 using XNA Game Studio 3.0 and XNA Creator's Club. Torque X is loaded with systems that make debugging, journaling game events and testing features much easier than with XNA Game Studio 3.0 alone.
Your license to Torque X 2D provides you with a 100% complete 2D feature set.Deploy to Xbox 360
Torque X 2D is built on XNA for deployment on PC and the Xbox 360. Reach millions of Xbox 360 owners by creating your game with Torque X 2D and posting it on the XNA Community Games Channel for anyone to play.
Level Editor
Torque X 2D'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
- Component assignment
Torque X 2D's powerful 2D rendering is perfectly suited to achieving a custom, original-looking style. It supports all common 2D rendering techniques.
Components
Torque X 2D is built with a component architecture and exposes the assignment of stock and custom components to objects easily within the editor. Simply create a component, send the component 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.
Scripting
Create your game in C#, the mother language of .NET and industry standard. C# was designed to provide the flexibility of C and C++ with built-in pointer manipulation so you can avoid common bugs and memory leaks.
Physics
Torque X 2D 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 X 2D 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
Torque X 2D supports a wide range of audio features. These include:
- Stereo, Streaming Sound
- SFX/Music driver
- 3D sound support for panning, volume, Doppler, cones
- Multi-channel prioritized SFX manager
- Built-in Theora video codec playback
Clean, fast, robust C# APIs for Torque X 2D's major systems enable use of any commercial middleware. You can use any 3rd party solution for physics, sound, or create your own custom implementation.
Genre Kits
Torque X 2D 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:
- 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 X 2D games in action! For more games like this, check out our console games page.
Minor Battle
One screen covers most games, but a team of University of Southern California students decided that wasn't enough. They wanted to push the connection between physical space and the virtual game space. Born out of a classroom assignment, Minor Battle is a platformer played across four screens in a square, forcing gamers to move from screen to screen in order to keep up with enemies. Andre Clark talks about creating games as a student in the Minor Battle developer interview.
Box Macabre
Box Macabre offers an amazing platformer experience by combining elements of both 2D and 3D gameplay. Your soul has been trapped in a box and you must use your wits to find salvation. On the way you will learn the secrets of the underworld and play a part in the never-ending battle against evil. Discover new abilities to solve puzzles and explore an imaginative fantasy world in this quirky game by Perfect Dork Studios.
For a full list of games made with Torque X, 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 Torque X education by reading the OFFICIAL DOCUMENTATION.
Torque X 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 under Support->Documentation, or CLICK HERE.
From there, you can pick the engine you wish to learn about. If you want to jump straight to Torque X's landing page, CLICK HERE.
Windows-Based Computer
Minimum Requirements1.0 GHz processor
512 MB RAM (1 GB recommended for Vista)
Windows XP or Vista with latest service packs Microsoft XNA Game Studio 3.0
Microsoft Visual Studio 2008/Visual C# Express 2008
Video card supporting DirectX 9.0c and Shader Model 1.4
Recommended Requirements
2.0 GHz processor or better
1 GB RAM
nVidia or ATI accelerated 3D video card
XNA Creator's Club Membership
XNA Creator's Club membership is required to run your Torque X games on an Xbox 360, but not required to use Torque X on a PC.
Torque X 2D Indie Game End User License Agreement (EULA) (Click here for the Commercial EULA)
The use of the Garagegames.com Torque X 2D ("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 is intended to be used for games for entertainment only, by sole individuals funding their own game development. Any other use is governed by the Torque X 2D 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 End User ("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
(a) Licensor grants to Licensee a single 'seat', a limited, non-transferable, non-exclusive license to use the Engine for the purposes of making an unlimited number of electronic single or multi-user products for entertainment ("Games").
(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.
(c) The Engine is licensed, not sold. This agreement only gives you some rights to use the Engine. GarageGames reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Engine only as expressly permitted in this agreement.
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) If Licensee is using the Engine in affiliation with or directly for a business entity, the Licensee may not use this Engine if the annual revenue of the Company employing, partnering, funding or affiliated in any way with the Licensee is greater than $250,000 USD annually. If the affiliated Company grows to annual revenue greater than $250,000 the Licensee must upgrade to the Torque X 2D Commercial Game EULA for each seat of Torque X 2D currently owned.
(c) Licensee may not: (i) create any derivative works of the Engine of any kind, 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; (v) make more copies of the Engine than specified in this agreement or allowed by applicable law, despite this limitation; (vii) transfer the Engine or this agreement to any third party.
(d) Licensee may not distribute the source code and/or documentation to the Engine in any manner or any form, unless recipient also has a license to the Engine.
(e) Licensee may not distribute any of the Torque X 2D editors, including but not limited to the Level Builder, Tile Builder and Particle Builder, in any manner.
(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 game engine itself.
(g) Licensee may not be a government contractor, government entity, including but not limited to corporations, partnership, proprietorships, independent contractors, or companies or individuals of any size performing any form of subcontract work for any of these governmental entities without first obtaining an appropriate Torque X 2D Commercial Game EULA for each developer working on the project.
(h) Licensee may not release Games intended for operation on Game Console Systems including the Sony Playstation 2, Sony Playstation 3, Sony PSP, Nintendo GameCube, Nintendo DS, Microsoft Xbox, Microsoft Xbox 360 (disc or Xbox LIVE Arcade) and Nintendo Wii or any successors or future console platforms. Licensee may only release Games intended for operation on the Microsoft Xbox 360 XNA Community Games Channel and Microsoft Windows operating system.
(i) Licensee may not publish, distribute, or charge for the Engine, copies of the Engine or demonstration games included with this Engine in any circumstance.
4. FEES.
(a) The Torque X 2D Indie Game License fee for the Engine is $150.00 USD per developer using or accessing the Engine source code, Engine, binary distributable, software development kit, or any associated media or assets included with Engine. There are no additional royalties due to GarageGames, and Licensee does not have to show the Games or publish the Games with GarageGames.
(b) Licensee agrees to display a Torque X splash screen (provided by GarageGames) in the start up sequence images of any game created and / or 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 in any game, software, or product created with this Engine: (i) a link to www.garagegames.com, and (ii) the wording "This game powered by Torque X." This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.
(d) Licensee grants Licensor a full release for Licensor to 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, without refund or compensation in any form, if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine. Licensee's access to any GarageGames private forums, support, updates, and associated programs and access to upgrades may be pulled at GarageGames sole discretion that Licensee is not abiding by reasonable rules and etiquette regarding such access.
GarageGames reserves the right to terminate this license agreement at any time at GarageGames' sole discretion.
6. DISCLAIMER OF WARRANTY.
THE ENGINE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OR GUARANTEED UPDATES 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 ENGINE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE ENGINE 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 ENGINE 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 ENGINE, 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, LICENSOR'S 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 ENGINE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
8. LICENSEE'S 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 attorney's 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.
GarageGames may amend this agreement at any time, at its sole discretion. 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 Engine, 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 X 2D INDIE GAME END USER LICENSE AGREEMENT (EULA)--
Torque X 2D Commercial Game End User License Agreement (EULA) (Click here for the Indie EULA)
The use of the Garagegames.com Torque X 2D ("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 End User ("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
(a) Licensor grants to Licensee a single 'seat', a limited, non-transferable, non-exclusive license to use the Engine for the purposes of making an unlimited number of electronic single or multi-user products for entertainment ("Games").
(a) Licensee may publicly sell, distribute, release, publish, transmit and/or exploit any Games created hereunder.
(b) Licensee may have the Games published in any channel by any publisher with no royalties. Licensee does not have to offer the Games to GarageGames for publication.
(c) The Engine is licensed, not sold. This agreement only gives you some rights to use the Engine. GarageGames reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Engine only as expressly permitted in this agreement.
3. RESTRICTIONS.
The following restrictions apply to the use of this Engine:
(a) Licensee may not: (i) create any derivative works of the Engine of any kind, 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; (v) make more copies of the Engine than specified in this agreement or allowed by applicable law, despite this limitation; (vii) transfer the Engine or this agreement to any third party.
(b) Licensee may not distribute the source code and/or documentation to the Engine in any manner or any form, unless recipient also has a license to the Engine.
(c) Licensee may not distribute any of the Torque X 2D editors, including but not limited to the Level Builder, Tile Builder and Particle Builder, in any manner.
(d) Licensee may not create a Game derived from the Engine which is designed or intended to be used as a game making tool or game engine itself.
(e) Licensee may not release Games intended for operation on Game Console Systems including the Sony Playstation 2, Sony Playstation 3, Sony PSP, Nintendo GameCube, Nintendo DS, Microsoft Xbox, Microsoft Xbox 360 (disc or Xbox LIVE Arcade) and Nintendo Wii or any successors or future console platforms. Licensee may only release Games intended for operation on the Microsoft Xbox 360 XNA Community Games Channel and Microsoft Windows operating system.
(g) Licensee may not publish, distribute, or charge for the Engine, copies of the Engine or demonstration games included with this Engine in any circumstance.
4. FEES.
(a) The Torque X 2D Commerical Game License fee for the Engine is $749.00 USD per each developer seat using or accessing the Engine source code, Engine, binary distributable, software development kit, or any associated media or assets included with Engine. There are no additional royalties due to GarageGames, and Licensee does not have to show the Games or publish the Games with GarageGames.
(b) Licensee agrees to display a Torque X splash screen (provided by GarageGames) in the start up sequence images of any game created and / or 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 in any game, software, or product created with this Engine: (i) a link to www.garagegames.com, and (ii) the wording "This game powered by Torque X." This requirement may be waived for an additional fee. Contact licensing@garagegames.com for details.
(d) Licensee grants Licensor a full release for Licensor to 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, without refund or compensation in any form, if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Engine. Licensee's access to any GarageGames private forums, support, updates, and associated programs and access to upgrades may be pulled at GarageGames sole discretion that Licensee is not abiding by reasonable rules and etiquette regarding such access.
GarageGames reserves the right to terminate this license agreement at any time at GarageGames' sole discretion.
6. DISCLAIMER OF WARRANTY.
THE ENGINE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OR GUARANTEED UPDATES 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 ENGINE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE ENGINE 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 ENGINE 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 ENGINE, 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, LICENSOR'S 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 ENGINE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
8. LICENSEE'S 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 attorney's 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.
GarageGames may amend this agreement at any time, at its sole discretion. 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 Engine, 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.


