Dundjinni End-User License Agreement
End User License Agreement
Dundjinni v. 1.07
LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you and Dundjinni Enterprises, Inc.("DE" or "we") for the computer software stated above, which includes computer software and associated media, materials and other documentation together with any updates or supplemental products (including without limitation, artpacks containing additional art and graphic assets for use with the software) that are provided to you now or in the future or any part thereof ("Software Product").
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENSE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA.
PLEASE READ CAREFULLY THROUGH THE FOLLOWING LICENSE CONDITIONS.
IF YOU AGREE TO BE BOUND BY THEM, PLEASE CLICK I ACCEPT AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE LOADED ONTO YOUR COMPUTER.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, CLICK NOT ACCEPTED AND THE SOFTWARE PRODUCT WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE DELETE (OR UNINSTALL) THE SOFTWARE PRODUCT FROM YOUR COMPUTER. IF YOU KEEP THIS SOFTWARE PRODUCT, YOU ARE AGREEING TO THE TERMS OF THIS EULA.
1. Technical Support
If you require technical assistance, please refer to http://www.dundjinni.com.
Subject to the other requirements of this EULA (including but not limited to the Credit requirements of Section 8, as applicable), you are permitted to:
(a) load the Software Product into and use it on a single computer which is in your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) make a single copy of the Software Product in machine readable form for backup purposes only and provided that all copyright and any other proprietary legends or other notices on the original are reproduced in full;
(d) use the Software Product to create and publish printed or digital maps and adventures; this shall include the right to import artwork or graphics into the Software Product, export the output of the Software Product into one of the formats permitted by the Software Product’s export functionality, create and print out maps and adventures for tabletop gaming, as well as post or otherwise make such maps and adventures available for download; provided that (i) the license afforded under this subsection shall NOT include the right to use the Software Product or its output as part of a computer or video game (whether computer or web-based), board game, or in books or products not related to tabletop gaming, and (ii) shall be contingent upon your compliance with the terms of this EULA,including but not limited to the provisions of Section 8 hereof.
(e) transfer the Software Product (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms and obligations of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such EULA terms, then this EULA (including all rights granted hereunder) shall terminate automatically and without notice and such transferee shall have no rights to install, use, or otherwise deal in and with the Software Product.
All rights not expressly granted as permitted hereunder are, to the extent permitted by law, reserved to DE and its licensors, including without limitation, all right, title, and interest in the Software Product, in all languages, formats, and media anywhere throughout the world. . Your rights of use under this EULA are strictly conditional upon your observance of all of the terms and conditions contained in this Agreement.
Notwithstanding anything to the contrary contained herein, you are not permitted under any circumstances:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA or required by applicable law, to download, store, publish, transmit, transfer, sell, rent, lease, sub-license, loan (including but not limited to allowing the Software Product to be stored in an archival or other searchable database), exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based upon the whole or any part of the Software Product (including but not limited to all or any part of the Software Product’s code, art and graphic assets) or use, reproduce or deal in the Software Product or any part thereof in any way or as a part of or as a basis for any material; or
(c) to use the Software Product to create any product for commercial purposes or otherwise derive financial gain or advantage or compensation of any kind or nature for such use except as expressly permitted in Section 2(d) of this EULA.
Without prejudice to any other rights of DE, any breach by you of this EULA terminates this EULA and any rights granted hereunder automatically and without notice. In the event of termination, all licenses granted hereunder shall terminate and you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers of warranties, limitations of liability, remedies, or damages, and DE’s proprietary rights shall survive termination.
You only own the media (if any) on which the Software Product is recorded. DE and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
6. Warranty Disclaimer and Exclusions
6.1 THIS SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND OR NATURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DE AND ITS LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, DE DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL DE OR ITS LICENSORS, LICENSEES, OR OTHER DE PARTNER OR AGENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF DE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF DE AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO US $10.00.
6.3 SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH 6. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. d20 OGL Incorporation and Designation of Product Identity
7.1 The d20 Open Game License (v. 1.0a) is hereby attached to and incorporated herein as Exhibit A. Such Open Game License is applicable to any d20 content licensed thereunder, subject to the excluded content set forth in Section 7.2.
7.2 The following portions of this Software Product are designated as Product Identity and/or otherwise expressly excluded from the definition of Open Game Content pursuant to Section 1(e) of the d20 Open Game License: any and all artwork, graphics, textures, effects, characters, product design and architecture, source and object code, and any names, statistics and text except those that are specifically contained in the SRD for the d20 Open Game License. Without limiting the foregoing, excluded materials include all trademarks and content (whether statistics, names, or representations) licensed from third parties, including without limitation all such content from Reaper Miniatures, Malhavoc Press, Green Ronin, Privateer Press, and Inner Circle.
Notwithstanding anything to the contrary contained herein or in the Open Game License, DE reserves and retains all rights in the content excluded under this Section 7.2 and grants you the right to use such content only to the extent and under the conditions specified in this EULA.
8. Required Credit
8.1 You must provide the following credits for any map or adventure made with the Software Product:
a. For any such map or adventure (whether digital or printed) that is (i) used at a tournament or other public contest, (ii) submitted to a magazine, website, or other media outlet for publication, (iii) posted to a website (other than the Dundjinni website), or (iv) distributed in more than 20 copies total (whether such copies are printed or digital), you must either (1) place the approved Dundjinni logo (in the format and size specified on the Dundjinni website at the time of publication) in the right hand corner of any such map;or (2) include the following credit line in at least 8 point type (7 point type in the case of website postings)immediately below or adjacent to any such map : "_______(Map, Adventure, or Map and Adventure, as appropriate)________ made with Dundjinni software, "http://www.dundjinni.com"
b. For any such map or adventure posted on a website for commercial purposes, the credit line listed in Section 8.1a(2) shall be provided as specified, and shall include a live link to the Dundjinni website.
c. For any such map or adventure distributed in printed or digital form that has a page or section for author, contributor, or licensee credits, such page or section shall include the credit line listed in Section 8.1a(2) above, in no less than 8 point type (7 point type in the case of website postings).
8.2 If a map and/or adventure made with the Software Product is posted for free digital download for commercial purposes, then such posting shall also include a native Dundjinni format file of such posted map and/or adventure.
8.3 For purposes of Section 8.1 and 8.2, commercial purposes shall be defined as any use of the Software Product or its map or adventure output which yields any material financial benefit or compensation of any kind or nature, including but not limited to indirect forms of commercial benefit and compensation, such as the promotion or other encouragement of the purchase or use of any product, service, game, system, or website from which you or anyone affiliated with you derives any financial gain.
8.4 The credit requirements set forth in Sections 8.1 and 8.2 shall not apply to maps or adventures that do not contain any of the art assets or any text style or formatting provided in the Software Product.
9.1 This EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with the laws of the State of California, USA, without regard to their choice of law provisions. Any dispute arising out of this EULA or the use or other disposition of the Software Product will be brought and resolved in the state or federal courts in California.
9.2 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
9.3 If you acquired this Software Product in the United States of America, you will not export it except as authorized and permitted by the laws and regulations of the that country.
9.4 This EULA constitutes the entire agreement between DE and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. Without limiting the foregoing, this EULA supersedes any and all prior agreements in effect regarding the use of this Software Product (or any earlier version thereof), express or implied, as if you had entered into this EULA at the time you obtained a copy of the Software Product or earlier version thereof. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorized representative of DE.DE may freely assign any or all of its rights and obligations under this EULA.
9.5 In the event this EULA is not deemed to cover a particular use or disposition of the Software Product, your rights are limited to those available under the fair use provision of the US Copyright Act.
EXHIBIT A to EULA
OPEN GAME LICENSE Version 1.0a
The following text is the property of Wizards of the Coast, Inc. and is Copyright 2000 Wizards of the Coast, Inc ("Wizards"). All Rights Reserved.
1. Definitions: (a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content; (b)"Derivative Material" means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) "Distribute" means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)"Open Game Content" means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) "Trademark" means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) "Use", "Used" or "Using" means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) "You" or "Your" means the licensee in terms of this agreement.
2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.
3. Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.
5. Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License.
6. Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder's name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute.
7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.
8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.
9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.
10 Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.
11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.
12 Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected.
13 Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.
14 Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
15 COPYRIGHT NOTICE
Open Game License v 1.0 Copyright 2000, Wizards of the Coast, Inc.