EULA for Modders

Started by Led, November 22, 2011, 04:54:22 PM

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November 22, 2011, 04:54:22 PM Last Edit: November 22, 2011, 04:56:11 PM by Buckler
http://www.secretsociety.com/forum/downloads/Legal.txt



LEGAL INFORMATION FOR MODDERS

Any and all Star Wars creations, regardless of their source or creator,
are copyrighted and trademarked by Lucasfilm LTD ALL RIGHTS RESERVED and
can be used by anyone according to the copyright and trademark enforcement
policies of Lucasfilm LTD.

Any and all game mods and mod elements relating to Star Wars regardless of
their source are the property of Lucasfilm LTD and can be used freely without
permission in accordance with Lucasfilm copyright guidelines as outlined in
the game's and/or mod tools EULA.

Modders hold no copyright or trademark claims over Lucasfilm LTD properties.
Permission is not required to use or create derivative works in accordance
with Lucasfilm LTD copyright guidelines.

No entity can prohibit or allow the use or distribution of Lucasfilm LTD
properties but Lucasfilm LTD.

Any claim of ownership or rights must be resolved by the complaintant with
Lucasfilm LTD and no other entity.

Claiming rights over Lucasfilm LTD property not extended by Lucasfilm LTD
is a violation of copyright law.

All game-ready objects on this site are provided according to usage guidelines
outlined in the respective Jedi Knight/Academy/Outcast, Star Wars Battlefront I/II,
and Empire at War Game End User and Mod Tool License Agreements

Any derivative works become property of Lucasfilm LTD ALL RIGHTS RESERVED upon
distribution or release.

Where assets have not been prepared for the above games the Lucasfilm LTD
copyright guidelines have been followed for original derivative works.

For easy to understand information about copyrights, see:

http://www.srhs.net/aboutus/policies/copyright.php

http://www.copyright.gov/help/faq/faq-general.html#what


For privacy protection purposes the name and address of the element's
creators can be obtained by Lucasfilm LTD by contacting
psych0fred@hotmail.com


THESE LEVELS AND ELEMENTS ARE NOT MADE, DISTRIBUTED, OR SUPPORTED BY LUCASARTS,
A DIVISION OF LUCASFILM ENTERTAINMENT COMPANY LTD.
ELEMENTS TM & (C) LUCASARTS, A DIVISION OF LUCASFILM ENTERTAINMENT COMPANY LTD.
Quote from: Abraham Lincoln. on November 04, 1971, 12:34:40 PM
Don't believe everything you read on the internet

November 22, 2011, 04:56:01 PM #1 Last Edit: November 22, 2011, 05:04:49 PM by Buckler
some interesting stuff.

LA owns all our mods, and permission does not need to be granted for anyone to use anyone else's mods.
(At least that is what I get out of it.)

That said, we should ask when we want to use stuff, to keep the community together.  But, if there is no response, go for it :)
Quote from: Abraham Lincoln. on November 04, 1971, 12:34:40 PM
Don't believe everything you read on the internet

for completeness, mod tool EULA


SOFTWARE LICENSE AND LIMITED WARRANTY


PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR OTHERWISE USING THE SOFTWARE.  BY INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  BY CLICKING THE "I ACCEPT THE ABOVE TERMS" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.  BY CLICKING THE "I DECLINE THE ABOVE TERMS" BUTTON, YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE, IN WHICH CASE YOU MUST NOT INSTALL OR USE THE SOFTWARE AND ALSO DELETE THE SOFTWARE AND ALL RELATED FILES FROM YOUR COMPUTER.


The computer program, printed materials or on-line or electronic documentation, if any, and other components and all copies of such materials as such as may be modified or updated that are being released including, without limitation, the level editor for the computer software game (the "Game") entitled Star Wars Battlefront  (collectively referred to as the "Software"), are the copyrighted property of LucasArts, a division of Lucasfilm Entertainment Company Ltd. and/or its affiliated entities or divisions, and its licensors (collectively referred to as "LucasArts").  The Software is non-exclusively licensed (not sold) to you, and LucasArts owns and/or controls all copyright, trade secret, patent and other proprietary rights in the Software.  LucasArts may make improvements or updates to the Software at any time and with or without notice to you, which may be made available to you as LucasArts may determine. 


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LUCASARTS DOES NOT AND WILL NOT PROVIDE SUPPORT FOR THE SOFTWARE AND THAT YOU SHOULD NOT CONTACT LUCASARTS' CUSTOMER SUPPORT REGARDING THE SOFTWARE.  SHOULD YOU ATTEMPT TO CONTACT LUCASARTS FOR SUCH SUPPORT, LUCASARTS IS UNDER NO OBLIGATION TO RESPOND TO YOU.


All rights not specifically granted under this Agreement are reserved by LucasArts and, as applicable, their licensors.  You may not:  (1) except as may be required in connection with the installation of the Software, copy the Software; (2) distribute, rent, lease, sublicense or otherwise commercially exploit all or any portion of the Software; (3) modify or prepare derivative works of the Software, except as otherwise may be specifically allowed herein; (4) reverse engineer the Software, derive source code, or otherwise attempt to reconstruct or discover any underlying source code, ideas, algorithms, file formats, programming or interoperability interfaces of the Software by any means whatsoever, except to the extent expressly permitted by law despite a contractual provision to the contrary, and then only after you have notified LucasArts in writing of your intended activities; (5) remove, disable, or circumvent any proprietary notices or labels that may be contained on or within the Software; (6) export or re-export the Software or any copy or adaptation thereof in violation of any applicable laws or regulations; or (7) commercially exploit the Software. 


Rules Governing New Levels:  LucasArts is under no obligation to make any features in the Game that will allow you to create New Levels.  If  LucasArts determines, in its sole discretion, to make such features available, then the following will apply: "New Levels" are data that modify, add to, or substitute for data in the Game, thus modifying, adding to, or replacing levels provided by LucasArts in the Game, and may also include saved games, and scenarios created using the skirmish features of the Game.  New Levels may be permitted by LucasArts, in its sole discretion, subject to the terms and conditions of this Agreement and the following additional conditions:


(1)     New Levels may work only if used in combination with the retail version of the Game, and may not work with any demo or Original Equipment Manufacturer (generally known as "OEM") versions of the Game.  New Levels may not be designed to be used as a stand-alone product.

(2)     New Levels may not modify any COM, EXE, DLL or other executable files. 

(3)     New Levels must not contain any illegal, scandalous, illicit, defamatory, libelous, or objectionable material (as may be determined by LucasArts in its sole discretion), or any material that infringes any trademarks, copyrights, protected works, publicity, proprietary, or other rights of any third party or of LucasArts. 

(4)     New Levels may not include any LucasArts sound effects or music files or portions thereof. 

(5)     New Levels must identify in every description file, on-line description, read-me, and in comments in the New Level code (if new code is added): (a) the name, address, and e-mail address of the level's creators, and (b) the following disclaimer: "THIS LEVEL IS NOT MADE, DISTRIBUTED, OR SUPPORTED BY LUCASARTS, A DIVISION OF LUCASFILM ENTERTAINMENT COMPANY LTD.  ELEMENTS TM & (C) LUCASARTS, A DIVISION OF LUCASFILM ENTERTAINMENT COMPANY LTD." 

(6)     New Levels may not be sold, bartered, or distributed with any other product for which any charge is made (other than incidental charges for time spent on-line), but rather must be distributed free of charge at all times.

(7)     By distributing or permitting the distribution of any New Levels, all creators or owners of any trademark, copyright, or other right, title or interest therein: (a) grant to LucasArts an irrevocable, perpetual, royalty-free, sublicensable right to distribute or exploit the New Level by any means or media (whether now known or hereafter invented), and to create and distribute by any means or media (whether now known or hereafter invented) derivative works thereof, and to charge for the distribution of such New Level or such derivative work, with no obligation to account to any creators or owners of the New Level in any manner, and (b) waive and covenant not to assert in any forum any and all moral rights (including, without limitation, rights of paternity, attribution, integrity, and participation), and authorize LucasArts to publish and exploit the New Levels (including any portions and derivatives thereof) in its sole discretion without attributing any of the foregoing to me or identifying me in connection therewith.

(8)     LucasArts may revoke your right or permission to use, distribute or make New Levels at any time and in its sole discretion.


You may transfer the Software, but only if the recipient agrees to accept and be bound by the terms and conditions of this Agreement.  If you transfer the Software, you must transfer all components and documentation and erase any copies residing on computer equipment.  Your rights in and to this license are automatically terminated if and when you transfer the Software. 


You further expressly acknowledge and agree that use of the Software is at your sole risk.  The Software and any related documentation or materials are provided "AS IS" and without warranty of any kind.  LUCASARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  LUCASARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.  THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU, AND YOU (AND NOT LUCASARTS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL LUCASARTS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF LUCASARTS OR A LUCASARTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  YOU AGREE THAT THE LIABILITY OF LUCASARTS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE.  YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF, INCLUDING, WITHOUT LIMITATION, ANY INJUNCTIVE RELIEF, TO ENFORCE THE TERMS HEREOF.  THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS AND OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH LUCASARTS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.  LUCASARTS' PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.


THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS DEPENDING ON THE LAWS IN YOUR STATE. 


This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and you hereby consent to personal jurisdiction in California.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You and LucasArts each agree that any claim or controversy arising out of this Agreement or the Software shall be settled by expedited binding arbitration in accordance with the rules of the American Arbitration Association.  Such arbitration shall take place in Marin County, California, and you waive any claim that such forum is inconvenient.  Any such claim or controversy shall be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party.  The arbitrator may not change the terms of this Agreement.  The arbitrator may award injunctive or other equitable relief to enforce the terms hereof; provided, however, that no injunctive or equitable relief may be awarded that would enjoin or impair LucasArts' rights or ability to distribute or otherwise market, advertise, promote or exploit the Software.  If it is judicially determined that any claim or controversy arising out of or related to this Agreement or the Software cannot be settled by expedited binding arbitration as noted above, then you agree that any such claims or controversies shall be brought and maintained in the state courts located within the County of Marin, State of California or the federal courts of the Northern District of California, and you waive any claim that either such forum is inconvenient.  The foregoing shall not preclude LucasArts from seeking any injunctive or other relief for protection of LucasArts' intellectual property rights or similar rights in any court of competent jurisdiction.  This Agreement sets forth the entire understanding and agreement between you and LucasArts with respect to the subject matter hereof.  Except as provided herein, this Agreement may not be amended except in a writing signed by both parties; provided, however, that LucasArts has the right, without notice and/or without a writing signed by both parties, to amend this Agreement in connection with any modifications or updates to the Software.


LucasArts and the LucasArts logo are registered trademarks of Lucasfilm Ltd.  Star Wars Battlefront is a trademark of Lucasfilm Entertainment Company Ltd. Copyright 2004 Lucasfilm Entertainment Company Ltd. or Lucasfilm Ltd. & (R) or TM as indicated.  All rights reserved.


This Software License and Limited Warranty does not modify or amend the Software License and Limited Warranty for the Game.


LucasArts, a division of
Lucasfilm Entertainment Company Ltd.
P.O. Box 10307
San Rafael, CA 94912

Quote from: Abraham Lincoln. on November 04, 1971, 12:34:40 PM
Don't believe everything you read on the internet

Interesting..thanks for posting this!
=AaTc= Forever

SALLY....

-Retired Modder

I doubt it applies to sound. Adding music say a pink floyd song to a map does not give lucasarts rights to that song. Stuff  like mods it would but really this is outdated because nobody follows it anymore.

Quote from: Phobos Developer on November 23, 2011, 03:30:02 PM
I doubt it applies to sound. Adding music say a pink floyd song to a map does not give lucasarts rights to that song. Stuff  like mods it would but really this is outdated because nobody follows it anymore.
Thats just the kind of attitude that makes me dispise you. And it is ilegal a Pink Floyd song to your map under copyright anyway. So it does apply to sound if you made the sound and put it in a map for SWBF that becomes property of LucasArts.

November 23, 2011, 03:37:26 PM #6 Last Edit: November 23, 2011, 03:39:46 PM by Phobos Developer
Quote from: SleepKiller on November 23, 2011, 03:35:07 PM
Thats just the kind of attitude that makes me dispise you. And it is ilegal a Pink Floyd song to your map under copyright anyway. So it does apply to sound if you made the sound and put it in a map for SWBF that becomes property of LucasArts.

These kind of responses from you is why I despise you. It is not illegal to add a pink floyd song to my map, cry me a river please. LucasArts does not and cannot own already copyrighted material which is added to a map. It applies only to uncopyrighted material.

It encrypts a sound stream into LVL so it is not piracy.

Yeah I was meaning it is ilegal to add it and destribute the map. Else 100% legal. And sorry for my harsh words before I over reacted.

November 23, 2011, 03:41:47 PM #8 Last Edit: November 23, 2011, 03:47:49 PM by Phobos Developer
Quote from: SleepKiller on November 23, 2011, 03:39:56 PM
Yeah I was meaning it is ilegal to add it and destribute the map. Else 100% legal. And sorry for my harsh words before I over reacted.

It would be illegal to include the mp3 of the song in the download pack yes. Encrypted into a sound.lvl? Definitely legal. Sorry for my harsh words too, the nature of this thread seems to be asking for a flame war. Why did you make this thread Led?

And does this apply to every mod made or only those released publicly? LucasArts owns copyright to RancorLand xD

No, no. it is ilegal to put a song you own into any other format unless it is for private uses. (But hey I'm not going to stop you from doing it. It is at your own risk after all.)

November 23, 2011, 03:57:52 PM #10 Last Edit: November 23, 2011, 04:01:04 PM by Phobos Developer
Quote from: SleepKiller on November 23, 2011, 03:54:55 PM
No, no. it is ilegal to put a song you own into any other format unless it is for private uses. (But hey I'm not going to stop you from doing it. It is at your own risk after all.)

A song I own (a song I created) I can put into any format I want and it is perfectly legal to do so. A song that is owned by a record label, is another story. I just don't understand the point you are trying to prove here. Risk? What could possibly be the risk of putting music in a mod map? I've done it many times already and nobody has EVER complained or told me that I was violating copyright laws. If someone ever does (besides you) I will promptly inform you.

Sleepkiller: "No, no. it is ilegal to put a song you own into any other format unless it is for private uses."
So it is illegal to convert a guitar song I wrote and recorded from wav to mp3, according to this logic? I'm just wondering if I am not reading this right or something?

Oh, I misunderstanded you. Very, very sorry about that.

heh, I didn't mean to open the can of worms  ;)

If someone else owns the copyright to a song, it doesn't mean that LA get it if its in a mod.

Anyway, I think we all know what we should and should  not do.

Fred has a discussion about sounds on his website, and we should not distribute SWBF2 sounds with the map pack.  But if someone already has SWBF2, we can show them where to locate a folder, I suppose :)
Quote from: Abraham Lincoln. on November 04, 1971, 12:34:40 PM
Don't believe everything you read on the internet