Tom's Forum Posts

    Ambient sounds can go in sound effects or music for now, up to you. Once there's enough ambient sounds to justify a separate category we'll add one.

    miketv not at all!

    I just hope it's not too restrictive now. I mean, in the end the shop is meant to be profitable. But with too much restrictions, people may consider to not buy. I'm happy that music is not bound to a certain format. But if I read about the ebooks... Imagine a teacher having interest in an ebook to use parts from it in his class. He/she would have to buy 20 (or however many students there are) licenses of the same ebook! I think this will lead to the decision to better buy one printed book from another author in a local shop instead.

    Also, the commercial project declaration is still not so obvious to me. If someone creates a game with graphics bought in the shop and then sells the game for pc, it surely is a commercial project. Half a year later, the game is so successful that additionally a free version with ingame-ads is published on (Kongregate/Armor Games/Fill in whatever you like). Now is it still 1 project? And if not: where is the threshold?

    RE ebooks, at the moment we only have one. I understand the concerns, but it's not a big issue for now and the license as proposed is sufficient. If more ebooks start coming in and it becomes an issue, we can re-visit it.

    RE: Commercial project, I would say a commercial project is a title, if you release "Dungeon Keeper 2" and create a free version it is still under the title so counts as one commercial project. I'll think a little more about how to phrase it.

    I am so happy to hear this! I'm hoping it takes off and visual assets get flooded in the store. I'd be willing to pay for some good graphics.

    Opps sorry should of been clearer, was specifically referring to the licensing agreement.

    Regarding the store itself, very nearly there. Would be due to release close to end of week coming, but am going on holiday from 9th to 16th and releasing just before I disappear is a bad idea. So I think we're looking at a release before the end of the month now for sure. Longer than I anticipated, sorry! I'll have a much better idea of a release date by the end of this week coming.

    New draft:

    https://www.dropbox.com/s/7w2qff6ef4888 ... draft.docx

    I think we're just about there.

    [quote:3jbt7qw4]So I'm just going to ramble a bit about the license, most of what I say is probably going to be irrelevant, but since you asked for feedback, here goes:

    Not at all irrelevant! I'm happy people are reading it and giving feedback, it's really important.

    [quote:3jbt7qw4]You must inform Scirra of a licensed employee's termination in all cases or only if you want a new license? What if I terminate an employee but he keeps the license? Shouldn't the "named employee license" only be usable by said person within the context of the business or can the employee use the license for its own benefit?

    Rephrased for clarity in next revision:

    If the license is issued to a named employee and that employee is no longer under employment by the business, the license is no longer valid for use. You are allowed a reissue of the license, to do this please email a copy of the license to Scirra. We will then revoke the Business License and issue you with a new Business License.

    [quote:3jbt7qw4]Might want to define what "revenue" means, preferrably in section A.1. Does it mean profit or raw income? Before or after taxes? Does paying the employee constitute an expense?

    I don't think this needs changing, revenue in business is clearly defined as all income before any deductions (taxes, expenses etc).

    [quote:3jbt7qw4]You don't need to pay *Scirra*, other conditions might apply.

    Edited for clarity in next revision.

    [quote:3jbt7qw4]May also put in a clause saying you're free to modify and/or reverse engineer the OUTPUT of the program.

    Edited to:

    Without express written permission from Scirra you are not permitted to reverse engineer any part of the Construct 2 software or the Construct 2 licensing system. You are not permitted to distribute or generate your own licenses or versions of Construct 2 designed to circumvent restrictions on usage.

    [quote:3jbt7qw4]Might want to reinforce that free upgrades are for the "2" version of the editor. You aren't entitled to a free upgrade to Construct 3. Also might want to add that you're not entitled to free access to any addons to construct that may or may not happen.

    I think it's clear enough it's for the Construct 2 editor as is. Updates/addons that aren't part of the Construct 2 editor are not implied so I don't think this needs modification.

    [quote:3jbt7qw4]Missing a comma between simultaneously and provided. Also the 10 users seems a bit arbitrary but whatever.

    It does seem arbitrary but just stops rampant abuse. It seems to be fairly common in other licenses.

    [quote:3jbt7qw4]should be "create" instead of "creative".

    Thanks

    [quote:3jbt7qw4]Or if the work itself is an advertisement. Like I said, there's an use case of construct 2 where the user creates small advergames. Also, the word "online" doesn't make sense here. What if a game I created is being advertised via print, or offline digital media?

    Have modified (see above) for advertising content related to work for distribution. Regarding works that are advertisements themselves, I'm happy to restrict this. The asset store is meant to be for people making games, not making advertisements and I want all buyers/sellers to know this.

    If there is a professional advertising agency that wants to buy royalty free graphics for these advertisements it's prohibited and they can contact the seller directly if they really want it.

    [quote:3jbt7qw4]Licensee must with immediate effect stop using the Licensed Content, destroy, delete and

    remove the Licensed Content from Licensee’s premises, computer systems and storage.

    [quote:3jbt7qw4]And inform all parties who may have copies of the licensed content to do the same - Example: you must remove your stuff from kongregate as well.

    Added Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

    [quote:3jbt7qw4]Get rid of the word "commercial" here, it makes no sense.

    You're right, removed.

    [quote:3jbt7qw4]Add a disclaimer stating that you may still not resell the content directly (actually it would be better if you defined "project" in section A.1)

    I don't think this needs repeating.

    [quote:3jbt7qw4]Also merging C.4 and C.5 would be better for clarity

    Merged and removed duplicate statements

    [quote:3jbt7qw4]"you must destroy/delete/remove yadda yadda yadda" <-- reinforce this

    Edited to If you receive a refund for payment of Licensed Content in part or full, your license is terminated with immediate effect and you must follow all termination procedures listed in (c3). If you purchased Licensed Content at an exclusive price it may be relisted for sale in the store.

    [quote:3jbt7qw4]Unless everyone else you're interacting with also has a license? I mean if you buy the ebook for everyone then you could use it for teaching within your organization right?

    Added (teaching is only permitted on the condition each student owns a valid license for the e-book).

    [quote:3jbt7qw4]Can it be relisted? What if the seller modifies it and relists it? Can the seller still maintain it listed on other sites? Can I then list it?

    No and no, this will be covered in the seller agreement though (still being drafted).

    Now for the more difficult point

    [quote:3jbt7qw4]Please get rid of the "commercial" project. A project is a project is a project. Even with the definition of "commercial" that follows this statement, the license still allows you to use the content to make projects with no intention of being commercial (such as fangames or portfolio pieces) that indirectly generate revenue (by attracting traffic to other ad-supported sections of the site, for instance).

    [quote:3jbt7qw4]This is untenable and impractical. Different laws are often contradicting, the licensee isn't obliged to know all laws his work may appear on. A clause where the licensee accepts liability for his work in all applicable jurisdictions would be way way better, and allow you to get rid of the "pornographic/defamatory" clause. Also you mention pornography but neglect violence and gambling, which makes this clause extra-weird.

    I'm happy with how it is defined at the moment. I do appreciate that portfolio pieces et al do have indirect benefits. If anyone else wants to weigh in on this it would be appreciated.

    Also Tom, I sent you an e-mail requesting seller access to the store, did you get it? I've been having some issues with my outbox.

    I think I'm on top of all my email, could you send it again if you didn't get a reply from me please?

  • Try Construct 3

    Develop games in your browser. Powerful, performant & highly capable.

    Try Now Construct 3 users don't see these ads

    >

    > [quote:1n6lvfw1]What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?

    >

    Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".

    What about print advertisements, like flyers a developer would give out at events or a magazine advertisement for their game?

    Or non online video/audio game advertisement like TV or radio?

    Modified it to read:

    Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.

    New Draft

    Please download/view from here:

    https://www.dropbox.com/s/7w2qff6ef4888ra/License%20draft.docx

    Any comments welcome as usual.

    tulamide good question. For audio assets obviously I think it's perfectly reasonable to change the format. As far as modifying the royalty free assets themselves, what are sellers thoughts on this? If you sell graphics/sounds would you mind if someone were to heavily modify them?

    Edit, in fact the current license does not prohibit modification so I think it's OK to leave at that. We do have the clauses:

    [quote:39rq7sbj]Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell audio tracks as backgrounds, hold music, ringtones etc.

    Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

    Fimbul, thanks for all the feedback!

    [quote:zirq6k20]What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?

    Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".

    [quote:zirq6k20]It would be better if the licensee just acccepted all liability on behalf of the content creator

    I don't think it's necessary to change this.

    [quote:zirq6k20]RE: Defamatory content; Again, why not? If the licensee accepts all liability, I don't see any reason why this should be forbidden.

    Not going to change this without consulting a lawyer, and as this would probably represent a very small minority of customers I don't think it's worth opening this up.

    [quote:zirq6k20]This part should mention modding and map editors, which are legal modifications of the game provided said game supports it.

    Have updated to "You are not permitted to modify or reverse engineer the games in any way...". Re map editors, I think it's entirely reasonable to assume if the game comes with the capability then that is permitted activity.

    [quote:zirq6k20]The "explicit written consent from the seller" is sometimes present and sometimes not, in several portions of the agreement. Why not add a "clauses may be waived with explicit written consent from the seller" in the top of the license and be done with it?

    Fair suggestion, have modified agreement to state this at top. I need to think about it a bit more as there might be a few angles here but it sounds fine.

    [quote:zirq6k20]This means teaching as well, right?

    Not at the moment. Will think about this though as there's obvious benefit to permitting it for teaching purposes.

    [quote:zirq6k20]Allow conversion to different formats as long as its for your own purposes (i.e. pdf -> epub)? This is probably nitpicking on my part though.

    Nope, it's a good point and added!

    [quote:zirq6k20]However, the tool author should be exempted from liability (tool is provided "as is").

    Have added this to the pre-amble.

    [quote:zirq6k20]In addition, licensee should also abide by the tool's license if it has one.

    Will be covered under special product conditions on terms and conditions.

    [quote:zirq6k20]Typo there. Should be "Licensee".

    Thanks

    [quote:zirq6k20]This is confusing. I get the impression that the licensee is authorized to create derivative works and then resell said derivative works under his own chosen license even if minimal modification is done.

    It's saying you can modify the source, but you can still only publish to the Domain Name and the derivative work is licensed under this Agreement also. Rephrased for clarity and removed second paragraph as it's not necessary in retrospect.

    [quote:zirq6k20]Might want to rephrase that as "the sales figure on the item page can be used as indication to see how many have been sold" to avoid liability (such as a bug with the counters).

    Good suggestion thank you!

    Made a few minor changes as well on other suggestions. Will be uploading soon.

    We're also in the process of finding a lawyer to review all these terms and conditions once they have reached a stage where Scirra and the sellers are all in agreement as to the spirit of the agreements.

  • You do not have permission to view this post

  • You do not have permission to view this post

  • You do not have permission to view this post

    —, bundles are a planned feature yes.

    megatronx no support for serial numbers except on rare occasions for items that need special conditions which must be negotiated with us directly.

    necromaster, it's unfortunately a risk of selling anything online. If you do find someone who is patently breaking the terms of your licensed content you should consult a lawyer and determine if it's worth your time/money to peruse compensation. If required to by law we will provide information to help with any investigation.

    As far as going on the warpath on behalf of our customers, not going to happen I'm afraid. We simply provide a service that connects buyers and sellers and allows sellers to distribute their content under the terms we provide.

    I think generally the majority of people and businesses are happy to purchase items legitimately and stay within the bounds of the license. You'll probably find that anyone who is pirating content are total amateurs and will not actually be making any money at all. They likely have no income, they have no business, so they have very little collateral at risk.

    If you find someone distributing your assets on a website, you sometimes have various tools at your disposal such as DMCA requests which we find are very effective and not time consuming to fill out.