Game Dev Tycoon - Modding Agreement
This modding agreement is a legally binding agreement between you and Greenheart Games Pty. Ltd., governing the creation and distribution of Mods relating to the video game ‘Game Dev Tycoon’ (the Software). Mods are any derivate works, enhancements, modifications or adaptations that incorporate, interact or integrate with the Software (Mods).
If entering this Modding Agreement on behalf of a company, you warrant that you are authorised to bind the company to this agreement.
By creating or distributing any Mod, you accept these terms. You also consent to provide us with certain information as set out in these terms. If you do not accept these terms, you are not authorised to create or distribute any Mod.
You are still bound by the End User Licence Agreement (EULA) of the Software, but these terms override the EULA where there is any inconsistency between the two agreements.
Mods
You may not create or distribute any Mod, or decompile or reverse engineer the Software, other than as expressly permitted in this Modding Agreement, or otherwise permitted by law that cannot be excluded by contract.
You must not create or distribute any mod in connection with the DEMO version of the Software. Mods are ONLY permitted with the Full/Paid Version of the Software.
Permission to Modify
Subject to the terms of this Modding Agreement, we grant you a non-exclusive, non-transferrable, royalty-free licence to use, modify and adapt the source code in the Software through the modding API, to create a Mod that adds new code and content, and distribute that Mod for non-commercial purposes.
We reserve the right to terminate this licence for any reason at any time by notice on our website or via email.
What this Means: Provided you comply with these terms, you may create and distribute Mods for the Software for non-commercial purposes.
Contact Details
You must provide accurate and current contact details of the owner and authors of the Mod, to be included with the Mod files, and posted with the Mod on any website where the Mod is distributed.
You must provide us with such details upon request, and authorise us to list these contact details on our website and provide these contact details to any third party who requests them in relation to your Mod (e.g. for support requests or bug reports).
You warrant that all contact details provided to us are current and accurate.
What this Means: You must include your contact details any time you distribute your Mod. We refer all enquiries about your Mod to you. To do that, you must provide us with current contact details upon request. We may list your contact details on our website.
Proprietary Rights
Greenheart Games Pty. Ltd. retains ownership of, and reserves all rights in the Software. You own any Mods you create; to the extent they are distinct from the Software. No proprietary rights are assigned or transferred under this Modding Agreement.
You grant us an irrevocable, perpetual, royalty-free, non-exclusive licence to use, copy, modify, and adapt your Mod. Further, you irrevocably authorise us to distribute your Mod with the Software (attributing you as author), and grant corresponding sub-licences to end-users.
What this Means: We own the software. You own Mods you create. But as the two are designed to work together, and your Mods build upon our existing work, we also have the right to use, test and modify your mod, and distribute it for free with the Software.
Commercial Distribution Prohibited Without Consent
You may not sell, license, impose a fee, or distribute any mod for any commercial purpose, or in connection with any commercial enterprise, without our prior express consent in writing. We may pre-approve the sale of Mods through certain distribution platforms (e.g. Steam Workshop), by written notice on our website.
What this Means: If you want to sell, rent, or use your mod for commercial purposes, you need our permission. Some distribution platforms are pre-approved for commercial distribution: a list is published on our website. Contact legal@greenheartgames.com to discuss any other commercial options.
Other Monetary Benefits and Donations
Usage of advertisements, other revenue-generating elements and donations are subject to the following rules:
() you may not add advertisements, other revenue-generating elements or call for donations inside the mod or game itself;
() advertisements or other revenue-generating elements, may only be facilitated on your own website and must not be used in mod listings;
() you may ask for donations on your website or in mod listings but such requests must follow after the mod description, title or download link and must not obscure these elements or be visually intrusive to users.
() the mod must be available as a free download and must not be gated behind forced advertisements or other revenue-generating elements;
() the download link to a mod must remain clearly identifiable and must not be obscured by advertisements;
() you may ask for optional donations but donations must not give exclusive benefits. Everyone should have access to the same mod;
() installation of mods must be free from advertisements or other revenue-generating elements;
() the mod or the mod-installer may not add or install other third party elements, such as toolbars, system utilities or anything not related to the game itself;
What this Means: You can help offset the cost of hosting your website and development of a mod by using ads on your website and/or asking for donations from players. You may not use ads or ask for donations within the game or use revenue-generating elements in a way that lessens the user experience or withholds the mod or specific features from players.
Software Assets
Mods may add to and enhance the Software, but you must not distribute any assets, images or source code from the Software with the Mod.
What this Means: While Mods can change and patch the game they cannot distribute any of the original assets or game code with the mod.
Restrictions on Mods
Unless otherwise permitted by law, Mods must not:
() Operate without an installed copy of the full version of the Software;
() Bring the Greenheart Games Pty Ltd or the Software into disrepute;
() Work around any digital rights management (DRM), technological protection measure, or like limitation in the Software;
() Recreate or mimic the data or functionality of the Software (e.g. ports to another OS);
() Include any defamatory, illegal, or obscene content, or enable the Software to be used for any such purpose;
() Include any malware, spyware, virus, or third party self installing software;
() Incorporate any third party trade marks or publicity rights without consent of the owner;
() Infringe, or cause us to infringe any third party intellectual property rights (including any breach of software licences of third party components incorporated into the Software – a list of these third party components is available on our website http://www.greenheartgames.com/credits/game-dev-tycoon/ or upon request to legal@greenheartgames.com).
Trade Marks
In-game assets, consoles and companies have been deliberately designed to parody historical events, developers, hardware and systems. Your mod may not reference or incorporate trade marks or publicity rights of any third party without written consent from that party. You must provide us with proof of such consent immediately upon request.
What this Means: We know many want to replace the fictional in-game names with real developers, consoles and companies. Unless you have written authorisation from these companies, Don’t.
Privacy of End Users
Your Mod must comply with all applicable privacy laws. Your Mod may not collect or store any personal information of end users without first obtaining express consent to do so from the user. Note that usage of the Software (including in association with your Mod), remains subject to our Privacy Policy, incorporated by reference. Our privacy policy is available on our website at www.greenheartgames.com/privacy-policy, or upon request to legal@greenheartgames.com
Indemnity and Limitation of Liability
To the fullest extent allowable at law, you agree to release, indemnify, defend and hold harmless us, and our officers, employees, agents and contractors from any and all notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss (including indirect, special or consequential loss), cost, expense (including legal fees on a solicitor and own client basis) and liability, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving us or a third party, that arises from or in relation to your Mod.
What this Means: You are entirely and solely responsible for your Mod. If anything in relation to your Mod causes any loss at all, that cost is on you, not us.
Severability
If any of these terms are held to be invalid or unenforceable by a court of law, that part will be excluded, and the remaining valid terms will remain in full force.
Entire Agreement
This Modding Agreement, the EULA, and those documents expressly incorporated by reference, contain the entire agreement between the parties and supersedes all previous negotiations or agreements relating to your right to create and distribute Mods.
Updates to this Modding Agreement
We may update this Modding Agreement from time to time by notice on our website, or by including the updated Modding Agreement in a Software update. Such variation will be effective upon posting those notifications and changes on our website, or your installing the Software update, without further notice to you.
Waiver
Any delay or failure to exercise or enforce our rights under this Modding Agreement will not be construed as a waiver of those rights, nor preclude any future exercise of those rights.
Legal Fees
In the event that we obtain the legal assistance to enforce this Modding Agreement for your apparent breach of these terms, all legal fees (on a solicitor own client basis) incurred in enforcing this Modding Agreement may be recovered from you.
Dispute Resolution
You agree that in case of a dispute or claim, you will first attempt to informally negotiate a settlement or resolution of the dispute by contacting legal@greenheartgames.com and informing us in a comprehensive way of the grounds of your dispute before resorting to any legal action.
Jurisdiction
The laws of the State of Queensland, Australia apply to this Modding Agreement and the parties submit exclusively to the courts of that jurisdiction.
This Modding Agreement establishes certain legal rights, but you may have other legal rights under the laws of your state or country. This Modding Agreement will only change your rights under the laws of your state or country to the extent permitted by those laws.
Representatives, Successors and Assigns
We may assign or novate our rights and obligations under this Modding Agreement at any time by notice on our website. Upon such assignment or novation, our obligations and benefits under this Modding Agreement are binding on and shall benefit our respective representatives, successors and assigns.
Please direct any questions, comments or concerns about this Modding Agreement to legal@greenheartgames.com
This document is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported license. The original version was published by Greenheart Games and prepared by IDEALAW. You can find the original version here. Appropriation of this document for your own cause may not be appropriate for your specific purposes, and is no substitute for professional legal advice. Use it at your own risk. You must keep this clause and attribution intact.
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