End-User License Agreement
for "Classic" Art Packs
See also the Dundjinni End-User License Agreement
_______________ Art Pack
LICENSE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY
This End-User License Agreement (“EULA”) is a legal agreement between you and Fluid
Entertainment (“Fluid” or “we”) for the digital art pack stated above, which includes all code and graphic assets included therein and any future upgrades or updates thereof (collectively referred to herein as “Art Pack”).
Copyright and other intellectual property laws and treaties protect this Art Pack. The Art Pack is licensed, not sold.
WE ARE ONLY PREPARED TO LICENSE YOU TO USE THE ART PACK 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 ART PACK 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 ART PACK WILL NOT BE LOADED ONTO YOUR COMPUTER. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, PLEASE DELETE (OR UNINSTALL) THE ART PACK FROM YOUR COMPUTER. IF YOU KEEP THIS ART PACK, YOU ARE AGREEING TO THE TERMS OF THIS EULA.
1. Technical Support
If you require technical assistance, please refer to 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 Art Pack 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 Art Pack 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 Art Pack 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 Art Pack to create and publish maps for commercial and non-commercial purposes; this shall include the right to create, print and distribute maps using the Art Pack or portions thereof, as well as post or otherwise make such maps and adventures available online, including but not limited to html and pdf formats; and
(e) transfer the Art Pack (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 Art Pack you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate and all rights granted hereunder shall terminate as well.
All rights not expressly granted as permitted hereunder are, to the extent permitted by law, reserved to Fluid and its licensors, including without limitation, all right, title, and interest in the Art Pack, in all languages, formats, and media anywhere throughout the world. . Your rights of use under this EULA are strictly conditional upon your observance 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 Art Pack 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; or
(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 Art Pack 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 Art Pack (including but not limited to all or any part of the Art Pack’s code, art and graphic assets) or use, reproduce or deal in the Art Pack or any part thereof in any way or as a part of or as a basis for any material.
Without prejudice to any other rights, any breach terminates this EULA so Fluid may terminate this EULA immediately and without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Art Pack and all of its component parts including any Art Pack assets 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 Fluid’s proprietary rights shall survive termination.
You only own the media (if any) on which the Art Pack is recorded. Fluid and/or its licensors shall at all times retain ownership of the Art Pack as recorded on the media and all subsequent copies regardless of form.
6. Warranty Disclaimer and Exclusions
6.1 THIS ART PACK IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND OR NATURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUID 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 ART PACK AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, FLUID DOES NOT WARRANT THAT THE ART PACK IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, NOR THAT IT WILL REPAIR ANY ERRORS IN THE ART PACK.
6.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL FLUID OR ITS LICENSORS, LICENSEES, OR OTHER FLUID 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 ART PACK, EVEN IF FLUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF FLUID AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS ART PACK 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 Art Pack 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 and Privateer Press.
Notwithstanding anything to the contrary contained herein or in the Open Game License,
Fluid 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 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 map or adventure made with the Art Pack or any asset or portion thereof (including digital as well as printed output) 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 10 copies total.
8.2 Any map or adventure made with the Art Pack that is posted to any website must also include the following link in at least 7 pt font immediately below or adjacent to the map: “_______(Map, Adventure, or Map and Adventure, as appropriate)________ made with Dundjinni software - www.dundjinni.com”
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 Art Pack 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 Art Pack 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 Fluid and you with respect to the license and use of the Art Pack 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 Art Pack (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 Art Pack 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 Fluid. Fluid 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 Art Pack, 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.