Renegade 20 Open Game License
Version 1.0 Alpha 1
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, dramatization, fictionalization, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual, individuals, entity or entities that offers the Work under the terms of this License.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
g. "Open Game Content" means the game mechanic and includes the methods, procedures, processes, templates 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.
h. "Product Identity" means product and product line names, logos and identifying marks including trade dress; artifacts; creatures, characters; stories, story lines, 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;
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce and distribute the Work. You may not commercially distribute the work as defined in section 4(b).
b. to utilize the Open Game Content. Licensee may reprint all proprietary Open Game Content terms, tables, and templates. You are bound by the restrictions in Section 4, and specifically as stated in Section 4(e).
c. to publish the Renegade 20 Compatibility Logo. Licensee must print the Renegade 20 proprietary “compatibility” service mark as presented in either of the files labeled “X.pdf” and “XBW.pdf” that are available for download at http://renegade20.com/license.do (“Compatibility Logo”) on the lower left quadrant of the back cover of each Licensed Product and on the lower one-third (1/3) of the page in which the legal text described in Section 5.2 is located, or if a Licensed Product is made available only in an electronic format, the last page, and sized identically to the Compatibility Logo as shown in the files listed above. Licensee may additionally utilize the Compatibility Logo in advertisements and marketing materials (including without limitation, website listings and catalogs) for Licensed Products, provided, that such Compatibility Logo solely appears in the lower left quadrant of any such advertisement or marketing material; and is sized identically to the Compatibility Logo as shown in the files listed above.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works or include this Work in a Collective Work. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Work You distribute. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License.
b. You may not exercise the rights granted to You to reproduce and distribute the Work in Section 3(a) above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
c. If You distribute the Work (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied;; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. The credit required by this Section 4(c) may be implemented in any reasonable manner. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Licensor, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Licensor.
d. You may not (a) use the terms “Core Rules” or “Core Rulebook” or “Core Manual” or variations thereof on its cover or title, in self-reference or in advertising or marketing thereof; or (b) reprint any material contained in this Work except as explicitly provided in Section 3 without the separate, express prior written permission of the Licensor .
e. Licensee acknowledges that Renegade 20 Game System has previously defined each Renegade 20 Reference. Licensee will not define, redefine, or alter the definition of any Open Game Content in a Licensed Product. Without limiting the foregoing, Licensee may create original material that adds to the applicability of a Open Game Content Reference, so long as this original material complies with the preceding sentence. Licensee will comply with all usage guidelines set forth in the Section “Open Game Content Guidelines”. These guidelines may be updated or revised at any time at the sole discretion of the Renegade 20 committee, The Open Game Content Guidelines Section will indicate the date it was last updated. Licensee is responsible for checking the Open Game Content Guidelines regularly for changes, and waives any right to receive specific notice of changes.
f. Licensed Products Legal Text. Within the first three (3) non-cover pages of all Licensed Products, and, where practical, together with any other legal text supplied by Licensee, Licensee will include the following statements in at least ten-point font:
RENEGADE 20, the RENEGADE 20 Compatibility Logo, RENEGADE 20 CORE MANUAL, RENEGADE 20 MONSTROUS COMPENDIUM, and RENEGADE 20 GRIMOIRE are trademarks of RENEGADE 20 in the USA and other countries and are used with permission. Certain materials, including RENEGADE 20 References in this publication, core rules mechanics, and all story lines, characters, and likenesses present in the Renegade 20 Open Game Content are property of RENEGADE 20, Inc., and are used with permission under the RENEGADE 20 Open Game License. All RENEGADE 20 references are listed in the RENEGADE 20 Game System Manual, available at http://renegade20.com.
© 2008 Renegade 20, Inc. All rights reserved.
g. Advertising Legal Text. Licensee will include the following legal text in at least 8-point font in all advertisements and other marketing materials in which the Compatibility Logo appears pursuant to Section 3 (c):
RENEGADE 20 Compatibility Logo ™© RENEGADE 20. Used with permission.
h. Use of Trademarks. Use of any trademarks included in the Licensed Materials is subject to Licensors’ trademark usage guidelines, as may be provided from time to time, and is limited to use solely to refer to the Core Rulebooks. Licensee will not use such trademarks in any other manner, and will not use any trademarks of Licensor other than pursuant to this License or another agreement between Licensor and Licensee.
i. Quality and Content Standards. The nature and quality of all Licensed Products will conform to the quality standards set by Licensor, as may be provided from time to time. At a minimum, the Licensed Products will conform to community standards of decency and appropriateness as determined by Licensor in its discretion. Without limiting the foregoing, no Licensed Products will depict in any text, graphical or other manner without clearly worded notices on the front cover notifying the consumer of the content: (a) excessively graphic violence or gore; or (b) sexual or other adult content. No Licensed Products will depict in any text, graphical or other manner existing real-world minorities, nationalities, social castes, religious groups or practices, political preferences, genders, lifestyle preferences, or people with disabilities, as a group inferior to any other group or in a way that promotes disrespect for those groups or practices, or that endorses those groups or practices over another. Without limiting the foregoing, Licensed Products will not contain any content that is unlawful, defamatory, harassing, threatening, abusive, inflammatory, fraudulent or that would infringe upon or violate the rights of any third party or constitute a criminal offense.
j. You only have the License Grant of Section 3(a) with the restrictions listed in Section 4 while the license version is still Alpha or Beta. This provision remains in effect until the license version under the Renegade 20 Open Game License line at the top of this license does not contain the words “Alpha” or “Beta”.
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. You will comply with all applicable laws, regulations, orders and other requirements of any governmental authority in its performance under 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. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.
8. 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.
9. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.
10. Updating the License: Licensor or its designated Agents may publish updated versions of this License. You may only use the most recent authorized version of this License to copy, modify and distribute any new work of Open Game Content originally distributed under any version of this License.
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. Proprietary Rights.
a. Ownership. Licensee recognizes Licensor’ rights and interests in and to all Licensor Intellectual Property and that all rights therein, including good will pertaining thereto, belong exclusively to Licensor. Licensee acknowledges and agrees that its use of Licensed Materials inures to the benefit of Licensor. No right, title, or interest in the Licensed Materials or any Licensor Intellectual Property is transferred by this License. Licensee understands and agrees that it is not authorized to, and will not utilize, any Licensor Intellectual Property (other than Licensed Materials), including without limitation any trademarks owned by Licensor, except and unless Licensee has entered into a separate licensing agreement with Licensor authorizing such use. Licensee will not attack the title of Licensor in and to any Licensor Intellectual Property, nor will Licensee attack the validity of this License. “Licensor Intellectual Property” means any patent, copyright, trademark, trade dress, trade name or trade secret right and any other intellectual property or proprietary right owned by Licensor, in each case whether arising under the laws of the United States or any other jurisdiction, including all rights of registration and renewal and causes of action for infringement or misappropriation related to any of the foregoing.
b. Protection of Licensor’ Rights. Licensee will assist Licensor to the extent necessary or as requested by Licensor to protect any of Licensor’ rights in and to Licensor Intellectual Property. Licensor will reimburse Licensee for any reasonable out-of-pocket costs incurred as a result of providing such assistance, provided that Licensor has approved such costs in advance. Licensee will not institute any suit or take any action on account of any such infringements or imitations, or otherwise institute any suit or take any action relating to Licensor Intellectual Property. Licensee will take no action that will harm, misuse or bring into disrepute the activities, properties or products of Licensor or Licensor Intellectual Property.
c. Remedies. Licensee recognizes and acknowledges that its breach of any of the covenants, agreements or undertakings hereunder with respect to use of the Licensed Materials, including without limitation trademark use requirements or quality standards, will cause Licensor irreparable damage which cannot be readily remedied in damages in an action at law, and may additionally constitute an infringement of Licensor’ rights in Licensor Intellectual Property, thereby entitling Licensor to equitable remedies, costs and reasonable attorneys’ fees.
13. Indemnification. Licensee will defend and indemnify Licensor and its affiliates, and their respective employees, directors and representatives, against any claim or action brought by a third party, to the extent relating to any demands arising directly or indirectly out of or relating to (a) the Licensed Products, including without limitation, any material contained therein that is alleged to be scandalous, libelous, unlawful, or infringing or violating any copyright, right of privacy, proprietary right, or any other right whatsoever; (b) the breach or alleged breach of any of Licensee’s representations or warranties; or (c) Licensee’s actions or inactions related to this License. Licensee will pay any award against Licensor or its affiliates (or their respective employees, directors or representatives) and will reimburse Licensor for any other damages and liabilities incurred by Licensor and any costs and attorneys’ fees reasonably incurred by Licensor and/or its affiliates (or their respective employees, directors or representatives) resulting from any such claim or action.
14. Compliance with Laws; Noninfringement. Licensee is solely responsible for ensuring that Licensed Products (a) comply with all applicable laws, regulations, orders and other requirements of any governmental authority in any territory in which Licensed Products are published, marketed, distributed, and/or sold; and (b) do not infringe upon or violate the rights of any third party.
15. Independent Development. Nothing in this License will impair Licensors’ right to acquire, license, develop, have others develop for it, market and/or distribute materials or products that contain concepts, story lines, or other content similar to, or otherwise compete with, Licensed Products.
16. Right of Review. Upon Licensor’ request, Licensee will supply samples of Licensed Products to Licensor sufficient for Licensor to ensure that such Licensed Products conform to the requirements of this License, including without limitation, Section 7 and Section 8.
17. Termination
a. This License and the rights granted hereunder will terminate automatically upon any breach by You and You fail to cure such breach within 30 days of becoming aware of the breach of the terms of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
c. Survival. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License. All sublicenses shall survive the termination of this License.
d. Effect of Termination. Upon termination, Licensee will immediately cease all use of the Licensed Materials in Licensee’s possession bearing the Compatibility Logo. Licensee will remove the Compatibility Logo from all advertising, web sites, and other materials. Licensee will solely bear all costs related to carrying out this provision (in addition to any other provision) of the License. Licensor may, in its sole discretion and upon written agreement between Licensor and Licensee, extend this License for those Licensed Products that otherwise comply with the terms of this License.
d. Injunctive Relief. Licensee acknowledges and agrees that noncompliance with the terms of this License may cause irreparable injury to Licensor for which Licensor will not have an adequate remedy at law, and that Licensor will therefore be entitled to apply to a court for extraordinary relief, including temporary restraining orders, preliminary injunctions, permanent injunctions, or decrees of specific performance, without necessity of posting bond or security. The existence of these rights will not preclude Licensor from pursuing any other rights and remedies at law or in equity that Licensor may have, including recovery of damages, and each and every remedy will be cumulative and in addition to every other remedy provided hereunder or available at law or in equity. Licensee will be responsible for all legal costs, including Licensor’ attorneys’ fees, associated with any action required by Licensor to enforce the terms of this License.
18. Miscellaneous
a. Each time You distribute the Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
d. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
19. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSOR SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (A) THE AMOUNT OF SALES REVENUES THAT MAY OCCUR DURING THE TERM, AND (B) ANY ECONOMIC OR OTHER BENEFIT THAT RECIPIENT MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. Licensor WILL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF THIS AGREEMENT.
20. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among Licensee and Licensor, and Licensee will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
22. No Assignment. Licensee may not assign this License, in whole or in part.
23. Choice of Law; Jurisdiction. This License will be governed by the laws of the State of Maryland, USA, without reference to its choice of law rules. Licensee irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located at Upper Marlboro, Maryland with respect to any claim or suit brought by Licensee arising out of or related to this License, and Licensee agrees not to commence or prosecute any such claim or suit other than in the aforementioned courts. LICENSEE EXPRESSLY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY DISPUTE, CLAIM OR CAUSE OF ACTION RELATED TO OR ARISING OUT OF THIS LICENSE.
24. 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.
25 COPYRIGHT NOTICE
Renegade 20 Open Game License v 1.0 Alpha 1 Copyright 2009, Stonescape.net