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.