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 Inizio  Forum Archivi dei forum Archives: Neverwinter Nights Archives: For Everyone - NWN General Discussion NWN EULA posted here for all to see
Archives: For Everyone - NWN General Discussion
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Derek French
Technical Producer
Registrato il: 16 ott 2001
Da: Euphoria |
 Inviato: martedì, 18 giugno 2002 05:26 |
Never say never. Here is the EULA, live and in color, for all to see. We have tried to address your concerns and here is the new EULA.
END-USER LICENSE AGREEMENT
--------------------------
INFOGRAMES, INC. ("INFOGRAMES") AND BIOWARE CORP. ("BIOWARE") ARE WILLING TO LICENSE THE SOFTWARE (as defined below) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE (the "License") AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I ACCEPT" BUTTON. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON. BY CLICKING THE "I ACCEPT" BUTTON, AND/OR BY LOADING OR RUNNING THE SOFTWARE, BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE AND PROMPTLY RETURN THE DISC OR CARTRIDGE IN ITS ORIGINAL PACKAGING TO THE PLACE OF PURCHASE.
"Software" shall mean the game, toolkit, and all other software contained on this disc or cartridge, all updates and/or patches thereto, any accompanying documentation, all on-line components, restricted-access NEVERWINTER NIGHTS community websites, and other BioWare or Infogrames game-related services (including all CD-authentication components).
1. Grant of License. The Software is licensed to you, not sold, by Infogrames, and its use is subject to this License. Infogrames grants to you a limited, personal, non-exclusive right to use the Software in the manner described in the user documentation. If the Software is configured for loading onto a hard drive, you may load the Software only onto the hard drive of a single machine and run the Software from only that hard drive. You may permanently transfer all rights Infogrames grants to you in this License, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, the CD-authentication key, and any upgrades), and the recipient reads and accepts this License. Infogrames and BioWare reserve all rights not expressly granted to you by this License.
2. Restrictions. Infogrames, BioWare, and/or their suppliers own the title, copyright, and other intellectual property rights in the Software. The Software contains copyrighted material, trade secrets and other proprietary material. You may not delete the copyright notices or any other proprietary legends on the original copy of the Software. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lend, lease, sublicense, distribute, publicly display, create derivative works based upon the Software (except as provided in Section 3 below) or otherwise commercially exploit the Software (including, without limitation, hosting pay-per-play servers). You may not electronically transmit the Software from one computer, console or other platform to another or over a network.
3. End-User Variations. So long as you fully comply, at all times, with this License, Infogrames grants to you a limited, personal, revocable, non-exclusive right to: (i) use the Software's toolset feature to create your own NEVERWINTER NIGHTS modules ("Modules"), and (ii) create your own modifications to work with the Software (e.g., custom data files not created using the toolset) (the "User Conversions", and together with the Modules, the "Variations"). Your rights to create Variations are subject to the following restrictions: (1) your Variations must only work with the full commercial version of the software game NEVERWINTER NIGHTS; (2) your Variations must not contain modifications to any executable file; (3) your Variations must not contain any libelous, defamatory, pornographic, obscene, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties, or contain any viruses, worms, or other malicious code; and (4) you may not rent, sell, lease, lend, offer on a pay-per-play or timesharing basis or otherwise commercially exploit or commercially distribute your Variations (including, without limitation, hosting pay-per-play servers, hosting pay-per-download web-sites for Variations including sites that charge for bandwidth use, and independently selling Variations online, at retail, mail order, etc.). Without limiting the foregoing, you expressly acknowledge and agree that in no event shall you have the right or license to make any modification (whether using the toolkit or otherwise) to any portion of the Software for the purpose of creating any data file, executable, or other derivative work that is intended to operate in a stand-alone mode, with any pre-release or beta version of NEVERWINTER NIGHTS, or any software program other than NEVERWINTER NIGHTS.
4. Distribution and Serving of Modules and User Conversions. So long as you fully comply at all times with this License, Infogrames grants to you the limited, personal, revocable, non-exclusive right to: (i) distribute your Modules or User Conversions by means of providing a copy of the actual Module or User Conversion code to other users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute"); and (ii) to allow other users to play your Modules by means of hosting your own NEVERWINTER NIGHTS server whereby you retain sole possession of your Module (collectively "Serve") (Serving User Conversions is not possible).
5. Infogrames' and BioWare's Use of Variations. If you Distribute, or permit others to Distribute, your Variations, you hereby grant back to Infogrames and BioWare an irrevocable royalty-free right to use and distribute such Variations by any means, and to make such modifications thereto as Infogrames and/or BioWare deem are necessary to package, combine, and otherwise distribute such Variations. If you do not wish to grant these rights to Infogrames and BioWare, you must not Distribute your Variations (although you may Serve your Modules). Infogrames and BioWare will make a reasonable effort to provide credit to you in the event it uses or distributes your Variations, but you acknowledge that identifying you and/or other Variation creators may be difficult, and any failure by Infogrames and/or BioWare to provide credit to any person shall not be a breach of this License and shall not limit Infogrames' or BioWare's rights to use and distribute any Variation.
6. Revocation of Rights. Infogrames and/or BioWare may at any time and in their sole discretion revoke your right to make your Variations publicly available (whether you are Distributing or Serving), provided that Infogrames and/or BioWare shall not revoke your right to Distribute a Variation if Infogrames and/or BioWare is, at the time of such revocation, using or distributing such Variation.
7. Termination. This License is perpetual and may not be terminated except by mutual written agreement of the parties hereto. However, your rights to use the Software, as set forth above: (i) may be terminated by you at any time, by destroying the Software; or (ii) will terminate immediately without notice from Infogrames or BioWare if you fail to comply with any provision of this License (in which event, you must destroy the Software).
8. Disclaimer of Warranty on Software. You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and the media are provided "AS IS." Unless otherwise provided by applicable law, Infogrames warrants to the original purchaser of this product that the Software storage medium will be free from defects of materials and workmanship for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication.
9. Disclaimer of Other User Conduct and Gameplay Risks. You agree and acknowledge that an integral feature of NEVERWINTER NIGHTS is the ability to play online with other game users, including playing Variations created by other users. Infogrames and BioWare specifically disclaim any warranties relating in any way to such user-created content, and you agree that neither Infogrames, BioWare, their assignees or successors, nor any of their licensors or suppliers shall in any way be responsible for the content or functionality of such user content. You further agree and acknowledge that while playing multi-player games, you may be subject to conduct of other users that may impact your own gameplay and characters, or that you may find objectionable or offensive. Infogrames and BioWare also specifically disclaim any warranties relating to the conduct of other users (including in-game, and in game-related forums, chatrooms, etc.), and you agree that neither Infogrames, BioWare, their assignees or successors, nor any of their licensors or suppliers shall in any way be responsible for the conduct of other users.
10. Disclaimer of Other Content. As a service to you, Infogrames and BioWare may include with the Software third party drivers and other software utilities intended to assist you with installing and operating the Software (collectively, the "Drivers"). Infogrames and BioWare specifically disclaim any warranties relating to the Drivers, and you agree that your use of the Drivers is at your own risk. The Drivers are not part of the Software and shall not be governed by the terms and conditions of this License except for and to the extent of this disclaimer.
11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, INFOGRAMES AND BIOWARE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER INFOGRAMES NOR BIOWARE WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INFOGRAMES, BIOWARE OR ANY INFOGRAMES OR BIOWARE-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INFOGRAMES OR BIOWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INFOGRAMES OR BIOWARE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL INFOGRAMES' OR BIOWARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmless Infogrames, BioWare, and each of their respective officers, employees, directors, agents, licensees (excluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and/or arising from your breach of this License, distribution or any use of any Variations, and/or any other use of the Software. You agree that your unauthorized use of the Software, or any part thereof, may immediately and irreparably damage Infogrames, BioWare, or both of them such that neither Infogrames nor BioWare could be adequately compensated solely by a monetary award and that at Infogrames' or BioWare's option, Infogrames and/or BioWare shall be entitled to an injunctive order, in addition to all other available remedies including a monetary award, appropriately restraining and/or prohibiting such unauthorized use without the necessity of Infogrames or BioWare posting bond or other security. Your obligations set forth in this Section shall survive the cancellation or termination of this License.
14. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH CONTROLLING U.S. FEDERAL LAW AND THE LAWS OF THE STATE OF NEW YORK, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. THE EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHALL BE IN NEW YORK COUNTY, NEW YORK, AND YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS IN NEW YORK COUNTY, NEW YORK FOR ANY SUCH LITIGATION.
15. Miscellaneous. Nothing herein shall be deemed to supercede or derogate from Infogrames' or BioWare's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you, Infogrames, and BioWare with respect to the use of the Software and the support services (if any) and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.
Feel free to discuss.
_________________
Derek French
Technical Producer
Live Team | 
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xqiksilve
Game Owner
 NWN
Registrato il: 16 giu 2002
Da: Toronto, Ontario |
Inviato: martedì, 18 giugno 2002 05:29 |
most people when installing a game just hit the "next button" as fast as they can 
_________________
can you fathom.... fathom the mysteries of my dancing?
http://www.glowsticking.org | |
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xqiksilve
Game Owner
NWN
Registrato il: 16 giu 2002
Da: Toronto, Ontario |
Inviato: martedì, 18 giugno 2002 05:30 |
but since i have nothing better to do  (waiting for game) i think im going to read it now...
_________________
can you fathom.... fathom the mysteries of my dancing?
http://www.glowsticking.org | |
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SirDook
Game Owner
 NWN
NWN: SoU
SW: KotOR PC
Mass Effect PC
Registrato il: 10 gen 2002 |
Inviato: martedì, 18 giugno 2002 05:30 |
Okay, so I posted this in the old forums about 5 minutes before it got archived, and again here before we got a sticky.
First of all:
Way to go, Derek (and everyone at Bioware)!
Finally got those lawyers to see the pointlessness of not allowing the new EULA to be posted. Once again you guys have gone above and beyond in responding to the concerns of your customers.
Second:
Quote:
Quote: Posted 06/18/02 06:46:34 (GMT) by Orcus
But here is the problem, and the reason why I dont see many publishers giving permission: BioWare retains the right to republish/redistribute any mods they wish without reimbursing anyone anything. Now a fan may think "no big deal." But if a company licenses a person to make a NWN mod of their product, then by the EULA under which the mod is made BioWare could republish that product as a NWN product. Now, I am not by any stretch of the imagination saying BiaWare is planning or wants to do that. Nor do I think there is much real chance that any such properly licensed d20 mods would be republished by BioWare. But the chance of loss of IP will most likely scare off most d20 companies.
I'm confused, and you probably know more about this than I. But exactly what IP are you afraid you might lose?
Say you tell your customers 'It's okay to make NWN modules in our settings using our characters, provided you include a copyright notice, blah, blah, blah'. Then, worst case scenario, Bioware tries to snatch it up. They can then distribute these modules on their website or latest compilation CD. They can't steal the rights to your printed material, and wouldn't your copyright prevent them from advertising a piece of software with your copyrighted characters, settings, etc appearing on the packaging?
Also, what if you grant your fans a restricted license to use your IP that does not give them a license for distribution of the kind you are afraid (at least hypothetically) Bioware could do under the EULA? If the user (your fan who creates the module) does not have the right to such distribution, presumably they could not grant such a right to Bioware through use of the NWN Toolset. If you make an agreement with someone to give them all your worldly possessions, and I've let you borrow my car, you agreement can't give them the legal right to take my car, since I never gave you the right to dispose of it in that way.
Finally, I wonder how this clause from 3. End-User Variations. affects your concerns:
Quote:
(3) your Variations must not contain any libelous, defamatory, pornographic, obscene, or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties, or contain any viruses, worms, or other malicious code;
From this clause your fans would seem to be in violation of the EULA, even if you give your permission. It makes no provision for whether the material is used with permission. This may be there to avoid just the sorts of potential problems you envision. I'm not sure how the law actually works on this, but it would seem strange for Bioware/Infogrames to be able to appropriate your IP on the basis of module creation by your fans that was technically in violation of their EULA. | |
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Ma'adib
Game Owner
 NWN
Registrato il: 17 mag 2002
Da: Los Feliz |
Inviato: martedì, 18 giugno 2002 05:31 |
(this was from another thread, but wanted to put it here)
you know, the concerns are basically taking the assumption that your modules will be SO GOOD that Bioware will just have to outright snatch it and redistribute it as fast as possible without giving you the proper credit.
As some of the more sensible folks have posted, you can
a) challenge the EULA in court if it ever comes up (and, oh yeah, that'll come up ALLLLL the time)
b) host it on your own server and only those who hear about it will see it
c) don't distribute it or distribute it very discreetly among friends
d) not make modules!
Because ultimately you are utilizing software that was created over the past few years that you and I have been waiting patiently for by a group of hardworking folks who have given their time and energy into making.
And you're using D&D 3rd edition rules, which are property of ANOTHER company, so basically you're using a propietary engine AND a propietary set of rules and milleu that has been around for nearly 30 years.
Think back to the PnP days, and the same rules would apply to a module even back then.
Ultimately, the EULA is a tool used by the company to protect themselves and ultimately the end-user (yeah, it may not seem like it, but take the logical path of litigation and courts and people fighting over copyright, and see how much money people have in the end). This will be a wonderful game, and we can make our modules and DM them and play them and distribute them freely without reprocussion. Can't we just enjoy that?
_________________
What remains to be seen is what remains to be dreamed...
www.realityreimagined.com (forthcoming) | |
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Vulcano
Game Owner
 NWN
NWN: SoU
NWN: HotU
SW: KotOR PC
Registrato il: 24 apr 2002
Da: The Fortress of Moditude |
Inviato: martedì, 18 giugno 2002 05:31 |
I like it.
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GatoNanashi
Game Owner
 NWN
NWN: SoU
NWN: HotU
Registrato il: 25 mag 2002
Da: Augusta, GA |
Inviato: martedì, 18 giugno 2002 05:32 |
Quote: Posted 06/18/02 17:29:14 (GMT) by xqiksilve most people when installing a game just hit the "next button" as fast as they can
Absoutly right, I do!
_________________
Silence fool or I shall cut out your tongue! | |
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NotMango
Game Owner
NWN
Registrato il: 26 mar 2002
Da: Explosivo |
Inviato: martedì, 18 giugno 2002 05:33 |
that's the first time i've ever read a EULA.
_________________
-- If anybody understands just what the hell it is that I'm rambling about, please private message me so I can read it when i'm sober. | |
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UndergroundRogueSociety
Game Owner
NWN
Registrato il: 16 giu 2002
Da: Canada, Quebec |
Inviato: martedì, 18 giugno 2002 05:33 |
Well this post I too much long to read !
Can someone tell me if there is something important in it ??
PS: Yes .. I think that 1% of the ppl who install the game read this lol .. and 99% don't realy mind and click OK button to install the game as fast as they can ..
(I want to touch the NWN box ... I want to feel the manual in my hands ! I want to install the game .. and read the manual ! I WANT TO BE IMPRESSED BY THIS GAME SO LONG AWAITED !! )
 Thank god for your game Bioware !
_________________
I am the bane of all that is good and organized ! | |
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Sir Lorkos
Registrato il: 26 apr 2002
Da: Los Angeles |
Inviato: martedì, 18 giugno 2002 05:35 |
Thanks for the gumball Derek.
Lorkos
_________________
So he gathered himself and jumped, leaping with faith, into the unknown.
The Game Directors Guild
www.liveinbrooklyn.com/GDC/ | |
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Xentax
Game Owner
 NWN
NWN 2
Mass Effect
Registrato il: 18 giu 2002 |
Inviato: martedì, 18 giugno 2002 05:35 | |
Derek, have you seen the concerns raised in the archived version of this thread, or should we repost/summarize them here? | |
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Aelle
Game Owner
NWN
Registrato il: 12 giu 2002 |
Inviato: martedì, 18 giugno 2002 05:36 |
 sum it up for me  | |
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Raziaar
Game Owner
 NWN
NWN: SoU
NWN: HotU
NWN 2
Registrato il: 23 mar 2002 |
Inviato: martedì, 18 giugno 2002 05:37 |
<<3) your Variations must not contain any libelous, defamatory>>
Does this mean that I cannot create my module about a Necromancer named Orcus that tries to conquer a kingdom via the court system instead of the wise necromancers that use their hoardes of undead? 
Troubadour Raziaar | |
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Lord
Game Owner
 NWN
NWN: SoU
NWN: HotU
Registrato il: 03 nov 2001 |
Inviato: martedì, 18 giugno 2002 05:37 |
Quote: Posted 06/18/02 17:29:14 (GMT) by xqiksilve most people when installing a game just hit the "next button" as fast as they can
almost similar here as well.... I just scroll all the way down until the first post was out of sight
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NotMango
Game Owner
NWN
Registrato il: 26 mar 2002
Da: Explosivo |
Inviato: martedì, 18 giugno 2002 05:38 |
Quote: Posted 06/18/02 17:36:09 (GMT) by Aelle
sum it up for me
boring
_________________
-- If anybody understands just what the hell it is that I'm rambling about, please private message me so I can read it when i'm sober. | |
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