Summer Engine Desktop EULA
Effective date: September 28, 2026
The short version
- You get a free, personal license to install and use the Summer Engine desktop Editor to make games. Your projects are yours.
- Summer Engine is built on Godot Engine. The open source parts stay open source under the MIT License, and nothing in this EULA takes away any right the MIT License gives you. See the Third-Party Software Notices.
- Summer's proprietary modules (the AI Tools and Platform integrations) are licensed, not sold. Do not rip them out, redistribute them on their own, or reverse engineer them beyond what the law allows.
- Templates and starter assets we ship are yours to use in your own games forever, including games you export.
- The Editor sends crash reports and basic telemetry so we can fix bugs. You can turn most of it off. We never train models on your projects unless you opt in.
- The software is provided as is, our liability is capped, and California law governs.
- Player terms, privacy and refund policies live at summer.games.
1. Introduction and acceptance
1.1 This Summer Engine Desktop EULA (this "EULA") is a legal agreement between you and Summer Labs, Inc., a Delaware corporation with offices at 2810 N Church St, STE 89812, Wilmington, DE 19802, United States ("Summer", "we", "us"). It governs your download, installation and use of the Summer Engine desktop application, including the Editor, the Engine runtime bundled with it, the command line tools, project templates, export templates and documentation (collectively, the "Software"). Summer grants every license in this EULA as licensor; where the Engine is owned by a Summer affiliate, that affiliate has authorized Summer to grant these licenses and you deal only with Summer.
1.2 By downloading, installing, copying or using the Software, or by clicking to accept, you agree to this EULA. If you do not agree, do not install or use the Software and delete all copies.
1.3 If you use the Software on behalf of an entity, you represent that you have authority to bind it, and "you" refers to the entity.
1.4 This EULA incorporates the Third-Party Software Notices and, to the extent you use the online features in Section 9, the Summer Games Terms of Service and the documents referenced there. Capitalized terms not defined here have the meanings given in the Summer Dictionary.
1.5 This EULA does not govern: (a) your use of the Platform (governed by the Summer Games Terms of Service and the Multiplayer Hosting Terms); (b) distribution of Exported Games, including redistribution of runtime components inside them (governed by the Exported Game Runtime License); (c) Summer's APIs and developer tooling as a service (governed by the Developer Tooling and API Terms); or (d) assets from the Asset Library (governed by the Asset Library License Terms).
2. Definitions
2.1 "Editor" means the Summer Engine desktop creation environment, including its user interface, scene and script editors, asset pipeline, AI Tools integration surfaces, and build and export tooling. 2.2 "Engine" means the Summer Engine runtime and core libraries, a derived work of Godot Engine 4. 2.3 "Open Source Components" means the portions of the Software licensed under the MIT License or another open source license, including the Godot Engine code base, Summer's modifications that Summer has designated as open source, and the third-party libraries identified in the Third-Party Software Notices. 2.4 "Proprietary Modules" means the portions of the Software Summer licenses under this EULA that are not Open Source Components, currently [SUMMER PROPRIETARY MODULE LIST, pending the open/proprietary split decision], as identified in the Software's about screen and the Third-Party Software Notices. 2.5 "Summer Content" means the templates, sample projects, starter assets, fonts and other content Summer ships with or for the Software for use in your Games, and has the same meaning as in the Summer Dictionary. Games and items published on the Platform by Summer or its affiliates are Summer Originals [working name], not Summer Content, and are governed by the Summer Games Terms of Service. 2.6 "Exported Game", "AI Tools", "Generated Content", "Prompt", "Account", "Creator", "Game", "Mod", "User", "Platform" and "Services" have the meanings in the Summer Dictionary. 2.7 "Update" means any patch, bug fix, upgrade, new version or other modification to the Software that Summer makes available.
3. Eligibility
3.1 You must be at least 13 years old to install or use the Software.
3.2 If you are 13 to 17 years old, a parent or legal guardian must review and accept this EULA and the Parent Account Terms on your behalf before you use any feature that requires an Account, and must supervise your use. By allowing a minor to use the Software, the parent or guardian agrees to this EULA and is responsible for the minor's compliance.
3.3 Enrollment in the Summer Creator Program (the "Creator Program") and receipt of Program Payments require that you be 18 or older and separately enroll under the Creator Program Terms. Nothing in this EULA enrolls you in any monetization program. Creators aged 13 to 17 may create, publish and accrue Earned Sparks as described in the Summer Games Terms of Service.
3.4 Geography. The Software may be downloaded and used anywhere its distribution is lawful, and Creators may publish to the Platform from any country Summer supports. Sparks are sold only to Users in the countries published as Sparks purchase countries on the Fee and Rates Schedule (every launch country on that Schedule's Section 3.7 and 3.9 rows for App Store Purchases from launch day; the United States only for Summer's own web checkout at launch, with further countries added to that Schedule as each is cleared), and the Creator Program Terms state the countries in which Program Payments are available. Sparks Packs are available as App Store Purchases in the Summer iOS app in every launch country listed on the Fee and Rates Schedule from launch day. [Japan: Sparks are sold from launch day; Summer monitors the unused Purchased Sparks balance held by Players in Japan against the Payment Services Act threshold and files before it is reached, as the Regional Schedule: Japan states.] [Brazil and Argentina: on the launch list from launch day, in-app only, with tax filings and the ECA Digital items completed as sales volume justifies.] An App Store Purchase is billed by Apple under Apple's terms: Apple issues the receipt, collects tax where Apple collects it for your Storefront, and decides refunds; Summer licenses the Sparks. Summer's own web checkout sells Sparks in the United States only at launch. If you use the Software from outside the United States you are responsible for compliance with local law.
4. License grant
4.1 License. Subject to this EULA, Summer grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to: (a) download and install the Software on devices you own or control; (b) use the Software to create, develop, test and modify Games, Mods, Virtual Content, assets and other content, for the Platform or for any other lawful purpose; (c) use the export tooling to produce Exported Games under the Exported Game Runtime License; and (d) make a reasonable number of backup copies, provided all copies retain all proprietary notices. This license is revocable only as to the Proprietary Modules and only under Section 14.
4.2 Licensed, not sold. The Proprietary Modules are licensed, not sold. Summer and its licensors retain all right, title and interest in them, except for the limited rights expressly granted.
4.3 Open Source Components remain open source. The Open Source Components are licensed to you under their own terms, including the MIT License for the Godot-derived Engine and Editor code. Those licenses, not this EULA, govern your rights in them. NOTHING IN THIS EULA LIMITS, CONDITIONS OR RESTRICTS ANY RIGHT GRANTED TO YOU BY THE LICENSE OF AN OPEN SOURCE COMPONENT, AND IN ANY CONFLICT THE OPEN SOURCE LICENSE CONTROLS AS TO THAT COMPONENT. Each component, its license and the required attributions are set out in the Third-Party Software Notices.
4.4 Godot Engine. Summer Engine is a derived work of Godot Engine (MIT License, Copyright (c) 2014-present Godot Engine contributors; Copyright (c) 2007-2014 Juan Linietsky, Ariel Manzur). Godot Engine and its contributors are not parties to this EULA and do not sponsor or endorse the Software.
4.5 Summer Content. Summer Content is licensed to you on a worldwide, fully paid-up basis to use, modify and incorporate into your Games, including Exported Games distributed through any lawful channel, and to sublicense it solely as embedded in those Games. This license is perpetual for Games that already incorporate the Summer Content and is terminable only for your material breach of this Section. Summer Content confers no ownership, may not be redistributed on a standalone basis or as part of another engine, template pack or tool, and Summer owes you nothing for using or improving it. Summer may stop offering an item of Summer Content to new projects at any time.
4.6 Collaboration. You may share copies of the Software, including Proprietary Modules, with collaborators who have each accepted this EULA, solely for working together on your projects.
4.7 No implied licenses. Except as expressly stated in this EULA or in the license of an Open Source Component, no license is granted by implication, estoppel or otherwise.
5. Proprietary Modules: restrictions
5.1 Except as expressly permitted by this EULA, by an Open Source Component license, or by applicable law notwithstanding this restriction, you will not, and will not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any Proprietary Module, except to the extent applicable law expressly permits it for interoperability and only after you have first requested the needed information from Summer at support@summerengine.com and Summer has failed to make it available on reasonable terms within a reasonable time; (b) extract any Proprietary Module from the Software, or copy, distribute, sell, rent, lease, lend, sublicense or otherwise make any Proprietary Module available on a standalone basis; (c) remove, obscure or alter any copyright, trademark, license or other proprietary notice, including the attribution files described in the Third-Party Software Notices; (d) use any Proprietary Module to develop, train or improve a competing game engine, editor or AI content generation service, or to reproduce, emulate or replace features of Summer's cloud services, or publish benchmarks of Proprietary Modules without Summer's prior written consent; (e) circumvent or disable any technical measure that controls access to Proprietary Modules, license verification, Account authentication or the safety features of the AI Tools; (f) use the Software to create, distribute or operate malware, cheats for third-party games, or tools whose primary purpose is to violate the Summer Games Community Standards or applicable law; or (g) use the AI Tools in violation of the AI Acceptable Use Policy.
5.2 Redistribution inside Exported Games. The only permitted redistribution of Proprietary Modules is as embedded, unmodified components of an Exported Game, as the Exported Game Runtime License authorizes. That license governs what an Exported Game may contain, the attribution files it must ship with, and the restrictions on Sparks and other Platform features in off-platform builds.
5.3 Open Source Components carve-out. The restrictions in Section 5.1 do not apply to Open Source Components. You may exercise every right the MIT License and the other applicable licenses grant you in them, including studying, modifying, forking and redistributing them under their terms.
5.4 Security research. Good-faith security research under the Vulnerability Disclosure Policy is not a violation of Section 5.1(a) or 5.1(e).
6. Ownership and your content
6.1 Your projects are yours. As between you and Summer, you own the Games, Mods, assets, scripts, scenes and other content you create with the Software, subject to third-party materials you incorporate and, if you publish to the Platform, the licenses you grant under the Summer Games Terms of Service. This EULA grants Summer no rights in content that resides only on your device.
6.2 Local-first and portability. Projects are stored on your device in a documented, Godot 4 compatible format unless you choose cloud features. Summer commits, as described in Section 15 of the Summer Games Terms of Service, that you can keep copies of your projects and export them in Godot-compatible form, including on Account closure or Platform wind-down. Nothing in this EULA restricts your ability to open, edit or migrate your local project files with other tools, including upstream Godot Engine.
6.3 Generated Content. Content produced with the AI Tools is governed by the AI Features and Generated Content Terms, including its allocation of rights and its disclosures about the limits of copyright protection for AI output.
6.4 Summer's marks. This EULA grants you no right to use the Summer name, logos or other trademarks. Any use is governed by the Summer Brand Guidelines and the Fan Content Policy.
7. Telemetry, crash reporting and training
7.1 What we collect. The Software collects: (a) crash reports and error diagnostics (stack traces, Editor version, operating system version, graphics hardware identifiers, and the Editor state needed to reproduce a crash); (b) aggregate usage telemetry (feature usage counts, session length, performance metrics); and (c) if you use the AI Tools, the Prompts and project context you submit to them, as described in the AI Features and Generated Content Terms and the AI Conversation and Recording Notice.
7.2 What we do not collect. Crash reports and usage telemetry do not include the contents of your project files, and the Software does not scan or upload your local projects except when you expressly use a feature that requires it (cloud sync, publishing, or an AI Tool you invoke on selected project content). Summer does not train foundation or generative models on your projects, Prompts or AI conversations; training happens only under the Training Contribution Programs in the AI Features and Generated Content Terms.
7.3 Your controls. You can review and change telemetry and crash reporting settings at Editor Settings, Privacy [SETTINGS PATH TO CONFIRM]. Each can be disabled. The Software still performs the minimal network calls needed to check for security updates under Section 8 and to authenticate your Account when you use Account features.
7.4 Privacy Policy. All personal information handled through the Software is processed as described in the Summer Games Privacy Policy, the US State Privacy Addendum and the Data Retention and Deletion Policy.
8. Updates
8.1 Automatic updates. The Software checks for Updates and can download and install them automatically (on macOS through the Sparkle framework; on Windows through Velopack, or through a successor update mechanism identified in the Third-Party Software Notices). By using the Software you consent to this mechanism.
8.2 Your choices. The Software presents release notes and lets you defer or decline optional Updates. Summer may designate an Update as mandatory where it addresses security, safety, legal compliance or compatibility with the Services; the Software may not function, or may not connect to the Services, until a mandatory Update is installed.
8.3 Changes over time. Updates may add, modify or remove features. Summer will not use an Update to remove your access to your local project files or your ability to export projects in Godot-compatible form.
8.4 This EULA applies to Updates unless an Update is accompanied by a revised license, in which case Section 15 applies.
9. Account features and online services
9.1 Parts of the Software work offline without an Account, including project creation, editing and local export. Other features (publishing, cloud sync, the Asset Library, Hosting Services, the AI Tools and Sparks) require an Account and a network connection.
9.2 Your use of Account features is governed by the Summer Games Terms of Service and the Additional Terms referenced there. If this EULA conflicts with the Summer Games Terms of Service regarding an online service, the Summer Games Terms of Service controls as to that service.
9.3 Online services may change or be discontinued as the Summer Games Terms of Service describe. Discontinuation of an online service does not terminate your license to the locally installed Software.
10. Beta and pre-release features
10.1 Summer may offer beta, preview or experimental features in the Software, labeled as such. They are governed by the Beta Program Terms in addition to this EULA, may be modified or discontinued at any time, may contain known and unknown defects, and are provided without warranty of continued availability. Summer has no obligation to release a production version of any pre-release feature, and a later release may differ in any way.
11. Feedback
11.1 If you send Summer feedback, suggestions or ideas about the Software, you grant Summer a perpetual, irrevocable, worldwide, fully paid-up, sublicensable license to use them for any purpose without obligation to you. This Section does not apply to your Games, Mods or other content, and does not apply to contributions you submit to Summer's open source repositories, which are governed by the license and contribution terms of those repositories.
12. Export controls and sanctions
12.1 The Software may be subject to United States export control and sanctions laws. You represent that you are not located in, ordinarily resident in, or acting on behalf of a country or region embargoed by the United States, and that you are not on any US government restricted party list. 12.2 You will not export, re-export or transfer the Software in violation of those laws, and you will not use it for any prohibited end use, including the design or development of weapons.
13. US Government end users
13.1 The Software is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101, FAR 12.212 and DFARS 227.7202. Government users acquire only the rights set forth in this EULA.
14. Term and termination
14.1 Term. This EULA is effective when you first accept it or first install or use the Software and continues until terminated.
14.2 Termination by you. You may terminate by uninstalling the Software and destroying all copies of the Proprietary Modules.
14.3 Termination by Summer. Summer may terminate this EULA as to the Proprietary Modules if you materially breach it and, where the breach is curable, fail to cure within 30 days after notice. Summer may terminate immediately on notice for breaches of Section 5 or Section 12, or use of the Software to violate law or to harm minors. Summer does not terminate this EULA for convenience.
14.4 Effect of termination. On termination: (a) the license to the Proprietary Modules ends and you must stop using and delete them; (b) Exported Games you distributed before termination in compliance with the Exported Game Runtime License are treated as that license provides; (c) your license to Summer Content under Section 4.5 survives for Games already incorporating it; and (d) Sections 4.3, 4.4, 4.5 (as stated), 5, 6, 11, 12, 13, 14.4, 14.5, 16, 17, 18, 20 and 21 survive.
14.5 Open source rights survive. TERMINATION OF THIS EULA DOES NOT TERMINATE, LIMIT OR AFFECT ANY RIGHT YOU HOLD IN THE OPEN SOURCE COMPONENTS UNDER THEIR OWN LICENSES, INCLUDING YOUR MIT LICENSE RIGHTS IN THE GODOT-DERIVED CODE.
14.6 Termination of this EULA does not by itself terminate your Account or the Summer Games Terms of Service, and termination of your Account does not by itself terminate this EULA, except that features requiring an Account stop working without one. Your portability rights on Account closure are described in the Summer Games Terms of Service and the Data Retention and Deletion Policy.
15. Changes to this EULA
15.1 Summer may update this EULA. For material changes Summer gives at least 30 days notice through the Software or by email before the change takes effect for existing users, except where a shorter period is required for legal, safety or security reasons. 15.2 Continued use after the effective date is acceptance. If you do not agree, stop using the Proprietary Modules; your rights in the Open Source Components are unaffected. 15.3 No amendment can reduce the rights granted to you by the licenses of the Open Source Components, or remove the portability commitment in Section 6.2 for projects created before the amendment.
16. Disclaimer of warranties
16.1 THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 16.2 SUMMER DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE AI TOOLS WILL PRODUCE ACCURATE OR USABLE OUTPUT, OR THAT GENERATED CONTENT WILL BE PROTECTABLE BY COPYRIGHT OR FREE OF THIRD-PARTY CLAIMS. YOU ARE RESPONSIBLE FOR BACKING UP YOUR PROJECTS. 16.3 THE OPEN SOURCE COMPONENTS ARE PROVIDED BY THEIR AUTHORS UNDER THE DISCLAIMERS IN THEIR OWN LICENSES, INCLUDING THE MIT LICENSE DISCLAIMER REPRODUCED IN THE Third-Party Software Notices. 16.4 Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
17. Limitation of liability
17.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUMMER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF THIS EULA OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SUMMER AND ITS LICENSORS UNDER THIS EULA WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED US DOLLARS (USD 100) AND (B) THE AMOUNTS YOU PAID SUMMER FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. 17.3 Nothing in this EULA limits liability that cannot be limited under applicable law, including for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, or excludes non-waivable statutory rights of consumers. 17.4 THE LIMITATIONS IN THIS SECTION ALLOCATE RISK AND ARE A BASIS OF THE BARGAIN.
18. Indemnification
18.1 To the extent permitted by law, you will indemnify and hold harmless Summer and its officers, directors, employees and agents from third-party claims, and the resulting damages, costs and reasonable attorneys' fees, arising out of: (a) your breach of Section 5 or Section 12; (b) content you create or distribute using the Software, including infringement claims relating to your Games, Mods and Exported Games; or (c) your violation of law in connection with the Software. Summer will promptly notify you and may participate in the defense with its own counsel. This Section does not apply to claims arising from the unmodified Software itself.
19. Intellectual property complaints
19.1 Notices of claimed infringement relating to content distributed through the Services follow the DMCA and Intellectual Property Policy. License compliance concerns about the Software itself should be reported as the Third-Party Software Notices describe.
20. Governing law, venue and dispute resolution
20.1 Governing law. This EULA is governed by the laws of the State of California, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 20.2 Dispute resolution. The dispute resolution provisions of the Summer Games Terms of Service (mandatory informal dispute resolution period, individual arbitration under the AAA Consumer Arbitration Rules, a 30-day right to opt out, a small-claims carve-out, a batch arbitration protocol for coordinated filings, a class action waiver and a jury trial waiver) are incorporated into this EULA and apply to any dispute arising out of this EULA or the Software, with references to the "Services" read to include the "Software". A valid opt-out under the Summer Games Terms of Service applies to disputes under this EULA as well. The full dispute resolution provisions are published at https://summer.games/terms and are included with the Software in the about screen, so you can read them without an Account. You may send an opt-out notice by email or by postal mail as the Summer Games Terms of Service provide; no Account is required to opt out. 20.3 Venue. For any dispute not subject to arbitration, and for actions to compel arbitration or confirm an award, the state and federal courts located in San Francisco County, California have exclusive jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction for infringement or misuse of intellectual property or violations of Section 5 or Section 12.
21. Miscellaneous
21.1 Entire agreement. This EULA, with the documents it incorporates, is the entire agreement regarding the locally installed Software. 21.2 Severability. If any provision is held unenforceable, it is enforced to the maximum extent permissible and the rest remains in force, except as the incorporated dispute resolution provisions provide. 21.3 No waiver. 21.4 Assignment. You may not assign this EULA without Summer's prior written consent; Summer may assign it in connection with a merger, acquisition, reorganization or sale of substantially all assets, subject to the portability commitment in Section 6.2. 21.5 Notices. Legal notices to Summer: Summer Labs, Inc., 2810 N Church St, STE 89812, Wilmington, DE 19802, United States, Attn: Legal, with a copy to support@summerengine.com. Summer may notify you through the Software, by email or by posting to the Platform. 21.6 Force majeure. 21.7 Independent parties. 21.8 Language: English controls.