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GameDev.net Open License DRAFT 1

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GameDev.net Open License


TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION


1. Definitions.



"Article" shall refer to any body of text written by Author which describes and documents the use and/or operation of Source or describes some process for   It specifically does not refer to any

"Author" means the individual or entity that offers the Work under the terms of this License.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"You" (or "Your") shall mean an individual or entity exercising permissions granted by this License.

"Source" shall include all software text source code and configuration files used to create executable software

"Object" shall mean any Source which has been converted into a machine executable software

"Work" consists of both the Article and Source

"Publisher" refers to GameDev.net LLC




This agreement is between You and Author, the owner and creator of the Work located at Gamedev.net.

2. Fair Dealing Rights.



Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. Grant of Copyright License.


Subject to the terms and conditions of this License, the Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to the Work under the following stated terms:
  • You may not reproduce the Article on any other website outside of Gamedev.net without express written permission from the Author
  • You may use, copy, link, modify and distribute under Your own terms, binary Object code versions based on the Work in your own software
  • You may reproduce, prepare derivative Works of, publicly display, publicly perform, sublicense, and distribute the Source and such derivative Source in Source form only as part of a larger software distribution and provided that attribution to the original Author is granted and that a copy of this License is included.
  • The origin of this Work must not be misrepresented; you must not claim that you wrote the original Source. If you use this Source in a product, an acknowledgment of the Author name would be appreciated but is not required.

4. Restrictions.


The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
  • Altered Source versions must be plainly marked as such, and must not be misrepresented as being the original software.
  • This License must be visibly linked to from any online distribution of the Article by URI and using the descriptive text "Licensed under the GameDev.net Open License"
  • Neither the name of the Author of this Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Work without express prior permission of the Author
  • Except as expressly stated herein, nothing in this License grants any license to Author's trademarks, copyrights, patents, trade secrets or any other intellectual property. No license is granted to the trademarks of Author even if such marks are included in the Work. Nothing in this License shall be interpreted to prohibit Author from licensing under terms different from this License any Work that Author otherwise would have a right to license.

5. Grant of Patent License.


Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or Source incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

6. Limitation of Liability.


In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Author or Publisher be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Author has been advised of the possibility of such damages.

7. DISCLAIMER OF WARRANTY


THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

8. Publisher.


The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice

9. Termination


This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Deriviative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8 and 9 will survive any termination of this License.
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.

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